The Musgrove Law Firm has recovered millions of dollars for injured victims.
Personal Injury Attorney in Cumming, GA
Local Forsyth County Law Firm Working for Everyday People
The Musgrove Law Firm is a personal injury firm in Forsyth County, Georgia, founded on “small-town southern principles” derived from the firm’s founder, Ben Musgrove, and his passion for helping people. Ben sprouted roots in Carrollton, Georgia, as the oldest son of a small business owner and the eldest brother of four children. The values his parents instilled in him, paired with an uncompromising work ethic, have allowed him to steadily progress in his career as an attorney and counselor at law.
When you’ve been injured in an accident caused by negligence, you want to hire a lawyer who treats their clients with compassion and fully understands their needs in order to secure the results they want. Our team is a locally based law firm that puts the needs of our clients first.
Contact our team online or call (470) 347-1515 today to learn more about our services and options for your potential injury claim. Our Cumming personal injury lawyer is available 24/7 for our valued clients.
Why You Need Ben Musgrove on Your Side
No Fees, Unless We Win
Home & Hospital Visits
Work Directly With the Attorney
Personalized & Passionate Representation
Hear It From Our Clients
“I would highly recommend Ben. He is a very professional and caring attorney. He kept me well informed on my personal injury case and he settled in a timely manner.”- Connie R.
“We were fortunate to find Ben. He handled our case professionally but also with heart. We knew he cared and did everything for us. He got us a nice settlement. We recommend him Highly.”- JC and B Parant
“The personal injury settlement was far more by hiring Ben than what they were willing to give us so this also helped us to get a new vehicle.”- Stephanie P.
About Ben Musgrove
While Ben enjoys being a personal injury lawyer in the Atlanta area, his most gratifying role is as a counselor. Regardless of financial gain, Ben takes pride in listening to people’s issues and helping whenever possible.
In a time where the field of law has become extremely specialized, Ben has remained an attorney for “everyday people.” Thus, while he focuses on personal injury, he strives to be a lawyer prepared to listen and help where he can. Ben’s philosophy is “tell me what is wrong, and if I can’t fix it, I will help you find someone that can.”
Ben has handled a variety of cases throughout Georgia, from smaller personal injury claims with settlements between $10,000.00 and $50,000.00, to serious injury cases with half-million-dollar results. And while Ben is proud of his results, he is most proud of the fact that his clients have received the care and attention they required in a time where they were battling injuries they did not deserve.
While Ben is armed with the experience and knowledge to litigate successfully against and negotiate with “big-law” attorneys and insurance companies, his demeanor and approach to the law allow him to provide simple and effective services to the people of his community.
Also Serving as a Magistrate Court Judge
Ben Musgrove has also been sworn in as a Magistrate Court Judge for Forsyth County. He was appointed by Judge Walker Bramblett, Chief Magistrate, and confirmed by all judges of the Forsyth County Superior Court.
While continuing to serve his clients with their personal injury needs, Ben also has the additional responsibility of holding a seat in the Magistrate Court, and will be reviewing warrant applications and presiding over certain criminal and small claims matters.
Settlements & Verdicts
Premises Liability $325,000
I represented a young girl who was injured by a fixture on a commercial property, fracturing her leg and requiring surgery.
Elderly rear-end collision $250,000
Due to the speed of the crash, as well as my client’s fragile condition, he sustained significant injuries and underwent 2 years of treatment.
Ride Share Collision $220,000
Four passenger side swiped in interstate, caused to collide with a median wall. Foreign students with limited English and unable to navigate the medical process.
Run-away truck $163,000
My client was hit by a defective truck while standing in her driveway. The impact injured multiple areas of her body and resulting in nerve ablation surgery.
Commercial Bus Wreck $136,000
A tractor-trailer pulled out in front of the bus, which was traveling too fast. The bus driver was killed in the collision.
Grocery store slip and fall $100,000
My client slipped in water near the deli of a grocery store. She injured her hip, requiring surgery.
Run-away truck $100,000
A settlement with litigation still ongoing, client was hit by a defective truck while sitting in her vehicle in her friend’s driveway.
My client t-boned an elderly gentleman who pulled out in front of her. The impact caused severe whiplash to my client resulting in significant medical treatment.
T-Bone collision $71,000
Young lady entering her first year of college was t-boned in an intersection. She suffered from terrible anxiety and pre-existing back injuries, which were exacerbated by the crash.
Roll-over on interstate $62,000
Young mother side swiped on the interstate, caused to enter median and roll 4 times. Crash caught on dashcam. Limited back and neck pain following the collision.
What a Personal Injury Claim Looks Like from Start to Finish
Establishing a Claim
A personal injury claim in Georgia can be a complex process. When you or your loved one suffers an injury, the last things that you want to deal with are insurance companies, claims, and paperwork. Our team is here to help you with the whole process, from start to finish. You can count on us to make the process smooth and easy for you. We also know that it can be helpful to understand the process before entering into a personal injury claim, so we’ve provided an overview of what personal injury claim looks like from start to finish in the state of Georgia. The vast majority of personal injury claims reach a settlement before a lawsuit is needed, and even then the majority of claims resulting in litigation are resolved before an actual trial is necessary. The direction of a claim, be it settlement or litigation, depends upon several different factors ranging from mechanism of injury, monetary damages, future impact, and ultimately what your expectations are. The first step in making a personal injury claim, however, is to determine whether there is insurance coverage in place that will cover your claim and how much coverage is available. We do this by sending a notice of claim to the insurance company that includes the insured party’s name, policy number, your information, the date of the accident, copy of any police report, and a notification that you were injured and intend to file a claim. Once insurance coverage is determined, we can then help you organize your claim and file a claim against the at-fault party and in some instances when coverage is lacking, your own underinsured/uninsured motorist insurance coverage. A common misconception is that a personal injury claim is a lawsuit or requires suing someone personally. However, that is not the case, as nearly every claim starts out with a simple notification to the at-fault driver’s insurance company as described above. Even when a lawsuit is required, the claim still exists against the insurance company in most cases, not an individual.
It is important to document as much physical evidence pertinent to your claim as soon as possible after an accident. Photographs, statements, medical records, police reports, receipts, and other physical evidence are crucial to being able to piece together what happened, determine fault/liability, and begin laying the framework for a successful claim. Witnesses can also be very helpful to your personal injury claim if your case allows for them. If it is possible to take down a witness’s name and contact information, you should try to do so. Also, survey the surrounding area and take note of any possible surveillance cameras that may have captured the incident. We will take the time to talk through the accident with you and help you identify any potential witnesses or evidence that may have been overlooked, and then contact these potential witnesses and interview them to see if we can use their testimony to support your claim.
The next step after gathering evidence is determining fault. Georgia law follows a comparative negligence theory in tort claims, which is a fancy way of saying that in Georgia an injured person may have contributed to an incident in some way and still be able to collect for sustained injuries if that contribution was less than the other party’s. Damages may be lessened if a claimant is found to have contributed in some manner, but the claim is not completely lost. The general rule is that a person must exercise ordinary care to avoid another’s negligence but does not have an absolute duty to do so. In motor vehicle claims, pleading guilty to a traffic violation/citation, even simply paying the fine, can impute liability. That is not to say liability cannot be shown when a traffic citation is not issued to the at-fault party, just that a traffic citation and guilty plea helps in proving liability. If you believe you are not at fault, but have been cited in a collision, it is imperative that you consult counsel before pleading or paying any fines.
Once you have adequately treated for your injuries, and all evidence has been gathered, we will assist you in preparing what we call a settlement demand. This demand will be a detailed recap of the incident giving rise to your injuries, our theories of liability, a brief synopsis of your treatment, and a detailed version of how the incident has affected you on a personal level giving rise to pain and suffering, and a comparison of other incidents similar to yours. If lost wages or any other form of damages are present, those are described as well. The Demand then culminates with an offer to settle for an amount that you agree will adequately compensate you for your injuries, pain and suffering, and any other contemplated damages. The insurance company and the at-fault party will then be provided copies of the Demand and allowed 30 days to respond with either an acceptance, denial, or counter offer.
As mentioned, the majority of claims settle without the need for litigation. As part of nearly every settlement, however, are negotiations. Rarely, without aggravating circumstances such as drunk driving or willful acts, will and insurance company accept the initial amount demanded. Instead. they will usually counter with some amount less than that demanded. As with any negotiation, it is important to have a plan in place to adequately counter if that is the desire of the client or to understand what will occur if negotiations break down. At The Musgrove Law Firm, we pride ourselves on being skilled negotiators while simultaneously remaining respectful and stern in the process. Ultimately, if negotiations prove successful and the client is satisfied with the compensation proposed, the settlement will be finalized. If for some reason a settlement is not reached, we can stand ready to aid you in the next step of your claim.
Most claims do not make it into litigation, and many that do end up settling amicably out of court without ever seeing the inside of a courtroom. However, in those instances where litigation is necessary, we stand ready to litigate on your behalf. This process can often be lengthy and time-consuming, but we have the knowledge and experience to litigate successfully and to remove as much stress from your life as possible during the process. Litigation begins with the filing of a legal complaint in a court that has jurisdiction over the matter and service on the at-fault party (now termed “defendant”). In most cases that is in the county where the defendant lives/does business or the county where the incident occurred. Following the filing of the complaint, the insurance company for the defendant is notified and they provide counsel for the defendant. Thereafter, they have 30 days to “answer” the complaint against them, whereupon a process called “discovery” begins and lasts six (6) months. During discovery, the evidence is exchanged between the sides, and in most cases depositions or recorded statements under oath are taken. Following discovery, many cases will either settle or be directed toward mediation where a neutral party attempts to encourage settlement. If for some reason that does not occur, then we can begin readying you and your evidence for trial. After a settlement is reached there will typically be a short period of days where settlement paperwork is sorted out and signed. The settlement terms, outlined in a release proposed by the at-fault insurance carrier, will be sent to us for review, and if acceptable, provided to you for signature. During this period, we can also make sure all invoices, outstanding medical bills, and any liens that may apply to your claim are satisfied, and then disburse your settlement to you.
Personal Injury FAQ
Q:What Is The Statute Of Limitations for Injury Claims In Georgia?
A:All states have their own statute of limitations for personal injury claims, or a set length of time that injured individuals have to file a claim against an at-fault party. According to the Georgia Code section 9-3-33, injury victims have two years to file a personal injury claim before the statute of limitations runs out. This means if you fail to file your claim within this two-year period you will most likely lose your right to recover compensation, no matter how severe your injuries. There are, however, exceptions to this rule which can extend or shorten the amount of time you need to file a claim. For example, if an injury victim is a minor at the time the injury was incurred, they have two years from the date of their eighteenth birthday until the statute of limitations runs out. There are other circumstance that can change the amount of time you have to file, so it’s best to contact our Cumming personal injury attorney as soon as possible to discuss your case.
Q:Should I Speak to Insurance Companies After My Accident?
A:One of the many reasons why it’s beneficial to hire a personal injury attorney is that the attorney can handle all future correspondence with insurance adjusters. People usually think it’s harmless to talk with insurance adjusters after their accident, but in reality, companies often use what people say against them in their case to avoid having to pay them. If you have to speak with an insurance adjuster, it’s important to avoid admitting fault, offering your opinions, or saying anything that may be used to undermine your claim.
Q:Should I Hire an Attorney for My Personal Injury Case?
A:Unlike insurance companies, The Musgrove Law Firm is a true advocate on your side. Dedicated to fighting for your best interest every step along the way, our Cumming personal injury attorney will fight for the maximum amount of compensation you deserve. Insurance companies, on the other hand, are usually looking out for what will save their company money, not what you need in order to recover well from your injuries.