How much will my car accident settlement be?
From a general standpoint, if you’ve been injured in a car wreck, the at-fault driver is responsible under the law for compensating you for the damages and harms done to you. As such, the greater the damages and harms done to you, the larger the amount of compensation.
With that in mind, the value of your car accident settlement will depend on several factors. First, the amount of medical bills that you have accrued will be an important starting point. All reasonable medical treatment will be represented in any settlement or verdict, so the more in medical bills, the larger the settlement. As you can see, there will be a big difference in a case involving 6 weeks of chiropractic treatment, and another requiring 3 surgeries to repair broken bones. Future, verifiable medical bills, like upcoming procedures or treatments, should be included.
Second, the value of the settlement will be determined by the permanency of the injury. So for example, a case involving life-long decreased range of motion in the elbow due to a car wreck will be calculated differently than one in which the range of motion is only affected for a few months.
Along those same lines, compensation generally is equal to the amount in which the injury has affected your life. So, let’s use the same example as above. Range of motion of the elbow will affect a professional basketball player more than it will a receptionist. In other words, when the injury affects the identity or livelihood of the victim, then the settlement amount will be larger.
By extension, the amount of lost wages will also be factored in. Georgia law allows for compensation for any lost wages. This will be the case regardless of whether you are the CEO of a fortune 100 company or a part-time employee.
These are just some of the factors involved in computing a settlement. If you’ve been injured in a car wreck, and you do not know how much your potential settlement may be worth, then please, don’t hesitate, call and speak to one of our Atlanta car accident lawyers today. Our consultations are always free.
Why am I sore after a car accident?
If you’ve been involved in a car accident and you are feeling sore, it is important to seek immediate medical treatment. This is the case particularly when the wreck is a rear-end collision.
Muscle pain and soreness are likely the result of the inflammation and swelling of muscle fibers due to the violent stretching and movement that occurs after a collision. Ligaments and muscle fibers can become stretched beyond their natural tolerance level, causing swelling and soreness. This in turn will place pressure on the nerves that circle the muscles.
Irritated nerves then cause your muscles to react to the situation. Essentially, the brain tells the muscles to immobilize the injured area through contraction. This is why injury symptoms after a car wreck may include contractions and muscle spasms. This is the body attempting to protect and heal.
At the scene of the wreck, your body’s adrenaline and the excitement may be masking the initial pain symptoms. That is why, for many soft tissue injuries, the pain does not ‘appear’ until the next morning. Still, the process by which the inflammation and swelling will cause the nerve irritation may take up to several days.
This is why it is important to seek treatment as soon as possible after a wreck. Medical providers may be able to provide the care you need to lessen the symptoms of soft-tissue injuries. Further, tests can be done to rule out more serious injuries, like concussions, disc protrusion and herniation, and internal bleeding.
If you’ve been involved in a car wreck, and you are feeling sore, it is important that you seek treatment. It is also important that you seek out the advice of an experienced Atlanta car accident lawyer. So please, don’t hesitate, call and speak to one of our experienced lawyers at Schenk Smith today. Our consultations are always free.
Why do I have a headache after a car accident?
If you’ve been involved in a car accident, then you may experience a headache afterwards. In fact, headaches are quite common after car wrecks.
Generally, headaches are caused either by neck strain (commonly referred to as whiplash) or some type of closed head injury.
With whiplash, headaches occur because the tendons, ligaments, nerves, and muscles of the neck and head become inflamed and swollen. The inflammation in turn disrupts circulation to the blood vessels in the head and neck. In combination, this can cause head ache symptoms.
Headaches can also be a symptom of a closed head injury. A closed head injury is a trauma to the brain caused by the violent, sudden motion of the upper back and neck. The brain, setting inside the cranium, is knocked against the skull.
A closed head injury is often not visibly apparent. This is why it is very important to seek immediate medical treatment if you experience pain or soreness in your head and neck, or if you have a headache, after a car accident. Medical professionals can conduct tests to determine if your headache is a symptom of a larger problem. These tests include CT scans and MRIs.
Other than headache, symptoms of a closed head injury include:
- Loss of Consciousness
- Dizziness or vertigo
- Nausea
- Blurred vision
- Dilated pupils
Headaches from whiplash or closed head injuries may take days to develop after a car accident.
If you’ve been involved in a car wreck, and you are experiencing a headache, it is important that you seek immediate treatment. It is also important that you seek out the advice of an experienced Atlanta car accident lawyer. So please, don’t hesitate, call and speak to one of our trial lawyers at Schenk Smith today. Our consultations are always free.
I was injured in a car accident and the other driver has no insurance.
In Georgia, every driver is required to carry at least $25,000 in liability insurance. Liability insurance is the type of insurance that covers an at-fault driver for bodily injuries suffered by others. The liability insurance company for the at-fault driver will “step into the shoes” of the at-fault driver and pay out up to the amount of the policy.
From a general standpoint, insurance is important because statistically, at some point, many drivers will cause a wreck that hurts someone else. And, statistically, most people do not have thousands of dollars just laying around to compensate injured people.
But what happens if you’ve been injured by a driver who does not have liability insurance? Will you still be able to collect against that driver? Can you make a claim with your own insurance?
First, it is possible that you may be able to collect money from your own insurance company if you have uninsured or underinsured motorist coverage. If you have such coverage, then your provider may pay you for your injuries. If you do not have such insurance, then this will not be possible. However, often times automobile insurance policies maintained by other persons living at your residence may cover you. For example, you may be able to make a claim under the underinsured motorist coverage that a relative has who lives with you.
Second, just because a person does not have insurance does not mean that they are off the hook to compensate you. Your option is to file suit against them in court and get a judgement. You would then collect on that judgement via garnishments, bank account levies, and liens. Unfortunately, that is a costly process, and most often, when a person does not have insurance, they probably do not have money or assets to go after. Again, this is why insurance is so important.
If you’ve been involved in a car wreck, and you the other driver has no insurance, then you are not necessarily out of options. An experienced car accident lawyer can help you find insurance policies to cover you. So please, don’t hesitate, call and speak to one of our experienced lawyers at Schenk Smith today. Our consultations are always free.
I was injured in a car accident but there is no police report.
After you’ve been injured in a car accident, it is very important that you call the police and that the police take down a report. A Georgia Uniform Vehicle Accident Report identifies the drivers involved, witness contact information, any citations issued, and a diagram as to how the wreck occurred.
The primary indicator of whether you can be compensated after a car wreck is fault. If the other driver was at fault, then they are obligated under Georgia law to compensate you for your harms and losses. This is why a police report is important. It is the law enforcement’s after-the-fact assessment of how the wreck occurred. An officer’s testimony, based on the police report, is used every day in courts across the state.
But what happens when there is no police report? Don’t worry. Things are not lost. You will still build your case the same way as if you had a report. This will entail hiring a personal injury lawyer to help you.
Unfortunately, many insurance companies will not take a case seriously if there was not report. However, if you’ve been injured, and can show that the other driver is responsible, then you can make them take you seriously.
The primary goal will be to establish fault. This will be easier in some wrecks than in others. For example, in Georgia, there is generally a rebuttable presumption that a person that rear ends another is responsible for the collision. Witness statements will be important if the type of wreck cannot establish fault. So, if a pedestrian corroborates your story, or can testify that the other driver was driving erratically prior to the wreck, this would help sway the case.
Further, the condition, location, and action of the vehicles after a wreck can help determine fault. Again, if there is damage to the back bumper of your vehicle and the other car has front damage, this would support that you were rear ended. If the other car collided with you and then spun around three times, this would suggest that the car was travelling at high rate of speed, possibly in excess of the speed limit.
These are just a few items to consider if you’ve been injured in a car accident in which no police report was rendered. An experienced car accident lawyer can help you build your case. So please, don’t hesitate, call and speak to one of our experienced lawyers at Schenk Smith today. Our consultations are always free.
How does personal injury settlement compensation affect Social Security Disability?
Social Security Disability Insurance is an entitlement program offered by the Federal Government. Social Security Disability Insurance (SSD), was implemented to provide disability insurance for injured working people and their families. When a taxpayer becomes unable to work, then SSD pays out.
SSD eligibility is not based on income or personal resources. Instead, SSD kicks in if a worker is unable to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment.
Because SSD is an entitlement program, rather than a needs-based program, SSD will not be affected by a personal injury settlement or verdict. In other words, if someone receiving SSD benefits acquires compensation from an injury case, that that person will not have to worry about losing SSD benefits.
Further, while some government programs, like Medicare, have a statutory right to recover against settlement proceeds for costs paid on behalf of the injured person, this is not the case for SSD. SSD benefits paid post-injury do not generate a lien, but generally are offset in the case of some worker’s compensation payments.
If you or a loved one have been injured, and you are wondering how this will affect our Social Security Disability, then please, feel free to call and speak to one of our experienced Atlanta car accident lawyers today. Our consultations are always free.
How does Medicare affect personal injury settlement compensation?
Medicare is an entitlement program that provides health insurance for most Americans aged 65 and older, and to younger persons with certain disabilities and diseases.
Since Medicare is an entitlement program, rather than a needs program, a personal injury settlement or verdict will not affect a person’s eligibility to receive Medicare benefits.
However, by operation of law, Medicare has a “first right of recovery” against any compensation that is related to treatment in which Medicare has paid. For nursing home neglect victims, to the extent that Medicare paid for any of the treatment, then Medicare is entitled to be paid back that amount from any settlement by the liable party.
In fact, Medicare’s right to reimbursement stands ahead of any other party, including other government programs like Medicaid. Even further, Medicaid must be paid prior to the distribution of the settlement to the client or the client’s attorney.
In essence, Medicare has a ‘lien’ against the proceeds of a personal injury settlement. But, like most liens, this amount can be negotiated down in order to put more money in the pocket of the client.
This is why it is very important for a Medicare recipient who has been injured at a nursing home or assisted living facility to hire a personal injury lawyer. An experienced personal injury lawyer can negotiate with Medicare to reduce the lien amount. Because Medicare does not have its own ‘collections’ department, the personal injury lawyer basically acts as a money collector for the government, i.e., going after the at-fault party for compensation. Since Medicare would not receive that money without the injured person hiring the lawyer, it reduces the lien amount as an incentive.
If your loved one has been injured at a nursing home or assisted living facility, and you are wondering how Medicare benefits will be affected, or how Medicare repayment will work, then please, feel free to call and speak to one of our experienced Atlanta personal injury lawyers today. Our consultations are always free.
I was injured while a passenger of an Uber
If you’ve been injured while a passenger of an Uber car, you will have the same right to be compensated for your injuries that you would as a passenger of any other car. The issue will be which insurance policy will be applicable.
If the Uber driver is responsible for the wreck, then a claim can be made against the Uber driver’s insurance policy. As of March 2016, Uber requires that its drivers maintain a liability policy of at least $1 million dollars per incident. This liability policy covers injuries sustained by the passengers as well as drivers and passengers of any other cars involved. The coverage begins the moment the Uber driver accepts the fare to the time that the trip concludes.
If the Uber driver is not responsible for the wreck, then you will make a claim against the at-fault driver’s insurance. Still, Uber drivers are required to maintain $1 million dollars in underinsured/uninsured motorist coverage. So, in the event of a hit-and-run, or where the at-fault driver does not have insurance sufficient to compensate the injured Uber passenger, a claim can be made against the Uber driver’s UM policy.
If you or a loved one have been injured while a passenger of an Uber, you will want to speak with an experienced car accident lawyer to determine insurance coverage. So please, don’t hesitate, call and speak to one of our Atlanta lawyers at Schenk Smith today. Our consultations are always free.
I was injured in a wreck with an Uber
Like in most car accidents where someone is injured, the important question will be whether there is an applicable insurance policy to cover the damages.
Uber is a ridesharing company that operates in several cities across the United States, including Atlanta, Georgia. Uber classifies its drivers as independent contractors, and as such, the individual drivers are likely going to be solely responsible for injuries arising from negligent driving.
However, as of March 2016, Uber requires all of its drivers to maintain a three-part insurance coverage. First, driver’s carry a $1 million dollar liability policy, per incident. This coverage kicks in from the moment that the Uber driver accepts the trip to the conclusion of the trip. So, if an Uber driver that has caused a wreck while traveling to pick up a fare or while transporting a fare, then this liability coverage will apply to compensate the injured party.
Uber drivers are also required to maintain $1 million dollars in underinsured/uninsured motorist coverage. This policy would be applied in the event that another driver negligently causes a wreck that injures an passenger in the Uber vehicle, and the at-fault driver does not carry insurance sufficient to cover the damage.
Finally, the Uber driver must maintain personal insurance coverage that would apply for wrecks that occur in-between trips. To the extent that the Uber driver does not carry this coverage, then Uber maintains coverage for bodily injuries up to $50,000 per individual per incident with a total of $100,000 per accident.
If you or a loved one have been injured in a car wreck with an Uber driver, you will want to speak with an experienced car accident lawyer to determine insurance coverage. So please, don’t hesitate, call and speak to one of our Atlanta lawyers at Schenk Smith today. Our consultations are always free.
I was injured in a car accident with an Uber driver.
If you have been injured in a car wreck with an Uber driver, and the Uber driver is at fault, then you may have a personal injury claim. Most likely, the claim will be against the driver directly, not necessarily against Uber.
Uber, a ridesharing company operating in Atlanta, Georgia, classifies its drivers as independent contractors. Independent contractors, by and large, are going to be solely responsible for their own torts, including negligence while driving.
But there is little reason to worry, because there is likely a substantial insurance policy that will cover your injuries whether the Uber driver is transporting a fare or not.
As of March 2016, Uber requires all of its drivers to maintain liability insurance coverage up to $1 million dollars, per incident. This policy is in effect from the time that the Uber driver accepts the fare to the to the time of drop-off. So, if the Uber driver causes a wreck that injures you at this time, you may be covered by this policy.
Also, the Uber driver must maintain personal insurance coverage applicable between trips or when not accepting or transporting fares. To the extent that the Uber driver does not carry this coverage, then Uber maintains coverage for bodily injuries up to $50,000 per individual per incident with a total of $100,000 per accident.
A claim against the Uber driver’s insurance will move forward almost like any other claim for bodily injuries. As such, you will want to be vigilante at the scene of the wreck, and collect as much information as possible. Photograph any damage, and collect any witness statements.
If you or a loved one have been injured in a car wreck with an Uber driver, you will want to speak with an experienced car accident lawyer to determine insurance coverage. So please, don’t hesitate, call and speak to one of our Atlanta lawyers at Schenk Smith today. Our consultations are always free.
I was injured by a hit and run driver- Do I have a claim?
It is not uncommon for our clients to have been injured, sometimes seriously, by a hit and run driver. The most common question we get is- can I move forward with a claim for my injuries?
The answer will be, “it depends.” While it may be difficult to go after an at-fault driver who cannot be found, there is a chance that you may be compensated from insurance policies, or those insurance policies held by people in your home.
Many of us carry underinsured or uninsured motorist coverage in our own automobile insurance policy. Depending on your specific coverage, this type of insurance may kick in should you be injured by a hit and run driver. A claim for your own UM coverage will be used to compensate you for medical bills, both past and future, lost wages, and pain and suffering.
Even if you do not have UM insurance, there is a possibility that other insurance policies may cover you if you’ve been injured by a hit and run driver. Some auto insurance policies will cover members of the same household. In other words, a claim may be made against a roommate or co-resident with insurance.
Still, it may be possible to investigate the incident and make a claim directly against the at-fault party. Even though you might not have seen something, our office has had success in the past finding witnesses to car collisions. We may also attempt to subpoena traffic cameras to look for license plate numbers or other identifying marks, particularly for commercial vehicles.
If you or a loved one have been injured in a car wreck with a hit and run driver, you will want to speak with an experienced car accident lawyer to determine insurance coverage, and to investigate the identity of the driver. So please, don’t hesitate, call and speak to one of our Atlanta car accident lawyers at Schenk Smith today. Our consultations are always free.
Should I give the insurance company my medical records?
If you’ve been injured in a car accident, then you have no doubt been contacted by the at-fault driver’s insurance company. The insurance adjuster is going to attempt to get as much information about the wreck as possible. However, this is not to find out what happened. The information is going to be used to adjust the claim for as little money as possible.
The at-fault driver’s insurance adjuster will request (1) to get a recorded statement from you and (2) access to your medical records. A recorded statement provides the adjuster an opportunity to get you to say things on record that will hurt your case in the future. For example, they may attempt to ‘nail you down’ on particular facts that you might not realize, or to ask questions that presuppose facts that are inaccurate.
Access to your medical records is another way that the adjuster will attempt to damage your case. Often, you will receive a document called “Authorization to Access Medical Records,” “Authorization for Release of Information,” “HIPAA Release,” or similar title.
Why does providing access to your medical records damage your case?
First, providing access to your health records allows the adjuster to look into your entire medical past. Previous injuries or ailments may then be linked to your current injuries. So, for example, if you injured your knee in the car wreck, the adjuster may find that you twisted your knee playing basketball in college. The adjuster will then attempt to argue that any pain you feel is simply a flare up of the previous injury.
Second, the adjuster will look to see if you made any inconsistent statements to medical providers. Sometimes, pain symptoms from a car accident take hours and days to develop. So, if pain in the head or neck is not described in the ER record, but is found later in the primary care physician’s records, the adjuster will argue that those pains are from something other than the car accident.
You are not obligated to provide the at-fault driver’s insurance company access to your records. If you or a loved one have been injured in a car wreck and you are being asked to sign an authorization to view medical records, then please, don’t hesitate, call and speak to one of our Atlanta car accident lawyers at today. Our consultations are always free.
Should I sign the authorization for release of medical records?
If you have been hurt in a car wreck, it is just a matter of time before you will be contacted by the at-fault driver’s insurance company. The insurance adjuster’s job will be to investigate the accident. The purpose of the investigation is to acquire information that will allow them to pay little or nothing on the claim.
The two main tools in the adjuster’s belt to accomplish this are (1) the recorded statement and (2) access to your medical records. With the recorded statement, the adjuster asks questions about the accident, your injuries, and damage to the vehicle. Often, the questions asked will presuppose facts that damage your case, or unfairly attempt to solicit information that will hurt your case.
Perhaps even more damaging to your case, the adjuster will attempt to acquire your medical records. You will be requested to sign a document called, “Authorization to Access Medical Records,” “Authorization for Release of Medical Records,” “Authorization for Release of Information,” “HIPAA Release,” or something similar.
How does access to your medical records damage your case?
The adjuster will attempt to associate any previous injury or illness to your current injury. For example, if you injured your neck in the car accident, the adjuster may see that you also injurer your neck lifting weights in college and attempt to link the two injuries together. In other words, the car accident did not cause the neck pain, the pain is simply a random flare up of that previous injury.
Second, the adjuster will look to the medical records to determine if there are inconsistencies in the pain. For example, often times, pain or injuries to parts of the body may be described differently from one medical provider to the next. Or, some symptoms are not documented until later visits. The adjuster will utilize these inconsistencies to argue the pain is not related to the car wreck.
You are not obligated to provide to the at-fault driver’s insurance company authorization to view your medical records. If you or a loved one have been injured in a car wreck and you are being asked to sign an Authorization to Access Medical Records, then please, don’t hesitate, call and speak to one of our Atlanta car accident lawyers at today. Our consultations are always free.
