Typical injuries seen after an auto accident include, but are not limited to: neck and/or back strain and sprain, where muscles and ligaments are stretched beyond their normal ranges or motion; herniated discs, where the soft-center of the cushy disc found between each vertebrae is pushed out of its casing, and oftentimes presses on nearby spinal nerves, which causes tingling or numbness in different areas of the body, depending on where the herniation is; broken bones and bruises, may also result in an auto accident. It is important to note that injuries vary depending on the type of impact, the type of vehicle that caused the impact, the speed of the vehicles upon impact, and whether any pre-existing injuries or conditions were present in the person injured, at the time of the impact. Always be sure to discuss all aches and pains with your physician during each visit.
A contingency fee is a type of payment agreement between you and your attorney. Specifically, the attorney’s fee is contingent (dependent) upon you actually receiving compensation for damages related to the accident. The attorney has great incentive to obtain as much as possible on your behalf, so that they can recover for their efforts in obtaining the settlement, pay your medical bills, and pay you, as well.
Yes. Some medical providers will treat you on an emergency basis and others will treat you on a lien basis. Either way, the medical providers expect to be paid directly from the proceeds of your settlement, if they have treated you in advance of payment. Your attorney may provide you with a list of options for treatment if you do not have your own providers.
The police report is a very important document when an accident occurs. It is usually available in 3 – 5 business days after the accident occurred. There is a $5 fee to obtain it, but it’s worth it, given the information it contains.
When children under the age of 18 are involved in an accident, their parent(s) bring the claim or lawsuit on their behalf. Depending on the amount of the proposed settlement, the child’s claim may need to be resolved in Probate Court, where the settlement monies will be set aside for the child until he or she turns 18.
Yes. Even if your spouse was not in the vehicle when the accident happened, they may be entitled to file a claim for Loss of Consortium. Basically, this is compensation for changes in relationship with their injured spouse, if any, that resulted after the accident.
Typically, the law allows injured persons to be compensated for special damages (i.e., ambulance, hospital and other medical bills, prescriptions, lost wages), and general damages (pain and suffering). Sometimes, punitive damages (for punishment) are available. All cases are different and other damages may be sought by your attorney, depending on the facts of your case.
Yes. Be sure to notify your insurance company immediately after being involved in an accident. That protects you in the event that the at-fault driver does not have insurance (is uninsured) or does not have enough insurance (is underinsured) to fully and fairly compensate you for your injuries and damages. In the event that you have to file a claim against your own insurance company, they will already be on notice about the accident. You may then file a UM claim or lawsuit to resolve the matter.
Not all insurance companies are the same, but the typical process is that a claim representative will conduct an investigation to determine whether they should pay for the accident. The will attempt to contact their insured driver, who is alleged to have caused an accident, as well as any other parties or witnesses to the accident. Only when they are certain that their insured is at fault will they conclude their investigation and offer payment for a rental car and/or for repairs of property damage that they believe were related to the accident. If it is determined that the cost of repair exceeds the value of the damaged vehicle, the car will be considered a “total loss” and the value of the car will be paid. If the car’s damages can be repaired, the cost of repairs and a value called “diminished value” will be paid.
Georgia law sets a strict, 2-year time limit from the date of the accident for a lawsuit for personal injuries to be filed with the court. Otherwise, an injured person loses the right to sue for compensation.
Filing a claim for property damage and/or bodily injuries against the at-fault driver’s insurance company puts them on notice that you are seeking compensation form them due to the negligence of their insured. Your attorney will send a letter of representation to the insurance company notifying them that you are now represented by an attorney and that all communication should go through that attorney, not to you – the injured party. During the claim phase, the attorney will find out how much insurance coverage is available and will submit a demand package to the insurance company, once your medical treatment is complete. The demand package will outline how the accident happened, the nature of your injuries, and seek a specific amount of money damages, as well as other appropriate compensation. The insurance company will be given a specific amount of time to evaluate your claim and demand package and respond to your attorney with an offer. If they miss the deadline or if their offer is unsatisfactory to the claimant, a suit may be filed. Filing a Lawsuit Filing a lawsuit means that the matter could not be resolved between you and the insurance company during the claim phase, or the time to file suit is about to run out, so you need to sue the at-fault driver in court. (Note: In most instances, Georgia law does not allow direct actions against the insurance company.) A lawsuit is initiated by your attorney filing a Summons and Complaint with the Clerk of Court where the at-fault driver (the Defendant) lives. This must be done within 2 years of the date the accident happened. Then, the Defendant must be served by the Sheriff or process server for the notice of the lawsuit to be legal. The Complaint will outline how the negligent conduct of the Defendant caused you (the Plaintiff) to suffer injuries, for which you are entitled to be compensated. The Defendant has 30 days from the date he is served to file an Answer, which will outline his defenses, if any, and respond to the allegations in the Complaint. Written questions and documents will be exchanged during the next 6-months (called the discovery period), and depositions may be taken to flush out the facts of the case, as well. If the case does not settle, a jury of 6 or 12 persons will decide whether the Plaintiff should be compensated, and if so, how much.
#YourAutoAccidentAttorney
2330 Scenic Highway South Suite 300, Snellville, GA 30078