Atlanta Attorneys Skilled in Personal Injury and Bankruptcy Cases

Holston & Huntley, LLC is a law firm dedicated to protecting the rights of accident victims and debtors throughout Alabama and Georgia. Based in the Atlanta area, our knowledgeable personal injury and bankruptcy lawyers are committed to providing honest and thorough legal advice to people in need. Our firm also has an office in Washington, D.C. We get to know our clients on a personal level, learning about their needs and goals before working toward a solution that is advantageous to them. Our attorneys aggressively pursue their claims and regularly keep our clients informed as to the progress we are making.

Seeking Compensation through a Negligence Claim

While personal injury cases can arise out of any number of diverse situations, they generally aim to compensate accident victims for the physical and mental harm inflicted on them by the defendant. A negligence action seeks to hold a person or entity responsible for injuries caused to others by careless conduct. Common types of cases include car and truck accidents, slip and falls, product defects, and more.

To prove negligence, a plaintiff must establish the legal elements of duty, breach, causation, and damages. The duty of care owed to the victim will depend on the circumstances of the case. Generally, each of us owes a duty to others to avoid behavior that will risk foreseeable harm to those around us. A plaintiff can demonstrate a breach of that duty with evidence that the defendant failed to conform to the conduct of a reasonable person or entity in a similar situation.

The plaintiff must also prove that the defendant’s negligent actions caused the accident. It must have been both a foreseeable result of the carelessness and something that would not have happened without it. Damages in personal injury cases may include economic damages, which are objective costs such as medical expenses, lost wages, and property damage, as well as non-economic damages like pain and suffering, emotional distress, and others.

Reorganizing Your Finances through Chapter 7 or Chapter 13

Filing for bankruptcy under Chapter 7 may be an option for individuals who meet certain low-income eligibility requirements. It is designed to discharge personal liability for unsecured debts, such as credit cards and medical bills, but it may result in the loss of other assets. In a Chapter 7 bankruptcy proceeding, a trustee will gather and liquidate the individual’s nonexempt property and assets before paying creditors with the proceeds according to the Bankruptcy Code. The individual may keep his or her exempt property, which is typically defined under state law. Thus, Chapter 7 is generally suited for low-income individuals with few nonexempt assets who want to get rid of their unsecured debts, with the loss of some property.

Chapter 13 essentially reorganizes one’s debt into a repayment plan. It is typically an option for those who have too much income to qualify for Chapter 7, and it is designed for debtors with regular income who are capable of paying back at least a portion of their debts. Chapter 13 also offers benefits that Chapter 7 does not, such as the ability to keep all of your property and nonexempt assets. Because of the many considerations involved in determining whether and what kind of bankruptcy is advantageous in your situation, enlisting the services of a knowledgeable attorney may be crucial to evaluate all of your options under the law.

Legal Guidance for Accident Victims and Debtors in Atlanta and Beyond

At Holston & Huntley, LLC, our Atlanta attorneys understand that filing for bankruptcy or coping with the aftermath of an accident is a sensitive, potentially life-changing matter. Our firm compassionately guides residents of many cities in Alabama and Georgia, such as Auburn, Columbus, Alpharetta, Marietta, Albany, Sandy Springs, and Roswell. We are dedicated to providing trustworthy and prudent legal advice, keeping your interests foremost in our mind. To schedule a free initial consultation, call us at 1-888-513-0004 or contact us online.

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