WHAT IS A SOFT TISSUE INJURY?
A soft tissue injury, in general, means an injury to tendons, ligaments, and muscles. In other words, where there has been an injury or trauma, but there are no broken bones or open wounds. Often, these injuries occur as a result of car accidents.
Depending on where the soft tissue injury occurs on the body, it may be called other names, like whiplash, neck strain or sprain, or simply, pain.
Unfortunately, none of these terms have consistent meaning from doctor to doctor, or adjuster to adjuster. For example, cervical “strain” may mean the unnatural stretching of the tendons of the neck, while cervical “sprain” may mean the unnatural stretching of the ligaments connecting bones. This is why is important to have a clear understanding of what your underlying injury may be.
Just because there are no broken bones or visible wounds, does not mean that soft tissue injuries are something that shouldn’t be treated or worried about. Quite the contrary. Whiplash and sprain can be very painful, and often, only begin to be symptomatic hours, and sometimes days, after the car wreck. Because delay of pain is common, it is important that you report all symptoms to your treating physician or health care provider as soon as possible.
Treatment for soft tissue injuries includes chiropractic adjustments, physical therapy, massage therapy, pain medication, and injections.
If you or a loved have been involved in a car or truck accident, and you think you may have suffered from a soft tissue injury, the please, do not delay, call and speak to one of our experienced Atlanta car accident lawyers today.
WHAT IS WHIPLASH?
Whiplash is an injury of the neck and skull that most often occurs in rear-end car accidents.
Here’s how it happens: When your car is struck from behind, your car is forced forward. While most of your body, including your mid-section and shoulders, moves forward with your car, your head and neck remain stationary. As such, your neck is hyper-extended. Then, the head snaps violently forward. At the time that your head stops moving forward, it moves back almost as quickly.
Because the hyperextension of the head and neck is so quick, many people only recall that their heads moved forward.
Generally, whiplash injuries are not the result of the head movement, but the sudden acceleration, and then stopping, of the head. Unfortunately, pain from whiplash can be delayed for several hours, or even several days. This is why it is very important for car wreck victims to seek immediate treatment, and divulge every single symptom, to their medical care providers.
Symptoms of whiplash include radiating pain in the neck and back, headaches, dizziness, and nausea. Sometimes there can be radiating pain, or a ‘pins and needle’ affect, that travels through the arms and legs.
Treatment for whiplash includes chiropractic adjustments, physical or massage therapy, pain medication, or trigger point and epidural injections.
If you or a loved one have been involved in a car or truck accident, and you think you may have suffered whiplash or other soft tissue injury, then please, act now, call and speak to one of our experienced Atlanta car accident lawyers today.
SHOULD I USE MY OWN HEALTH INSURANCE AFTER A CAR ACCIDENT?
For many, paying for treatment can be a bigger ordeal than actually being in a car accident. I am often asked by clients whether they should use their health insurance after a wreck. Generally, this is a good idea.
For starters, going through your own health insurance means that you won’t have to worry about your medical bills getting paid. This seems pretty straight forward, but where a person carries concern about mounting bills, then the pressure to settle early and for less than full value of the claim, increases. In other words, having your health insurance cover your injury means that you are less likely to cave in to low ball offers in order to pay bills.
This does not necessarily mean that you are off the hook for your medical bills. Your health insurance provider will usually want to be reimbursed from your recovery. However, this does not mean that they are entitled to full value. Hiring an experienced personal injury lawyer to go after the at-fault driver’s insurance for compensation is not only a good idea for you, but it is a good idea for your health insurance provider. Your injury attorney essentially acts as a collections attorney for your health insurance provider. As such, your attorney can negotiate your medical bills down by acting as the money collector. This puts even more money in your pocket.
This same is true for both Medicaid and Medicare. Where possible, it is generally advisable to use these services to pay for as much medical treatment as possible. These agencies will then have a lien on your recovery. Again, your attorney will be able to negotiate these bills down.
If health insurance is not an option for you, then you may want to defer payment by receiving treatment on a lien basis. This means that you work directly with your medical providers, who will get compensated from your eventual recovery.
If you or a loved one have been injured in a car or truck accident, or in a nursing home, and you are wondering how to pay for needed medical treatment, then please do not hesitate, call and speak to one of our experienced Atlanta car accident lawyers today.
SHOULD I USE MY MED PAY TO PAY FOR BILLS AFTER A CAR ACCIDENT?
For many victims of car accidents, paying for treatment can become a bigger burden than the actual injury suffered. Often, I am asked by client whether it is a good idea to use their own “Medical Payments Coverage” to pay for medical care. This is almost always a good idea.
Medical Payments Coverage, also known as Medpay, is coverage that applies toward medical bills incurred as a result of a car or truck accident. The coverage is available regardless of whether you were or were not at fault for the wreck. Generally, Medpay is available in limits of $1000, $5000, and sometimes, in $10,000.
In some instances, amounts paid by your Medpay carrier are not required to be paid back. Retaining an experienced personal injury lawyer to help you with Medpay insurance and repayment is very important. Otherwise, you may be throwing money away.
Utilizing your Medpay coverage lessens your worry about your medical bills getting paid. This seems pretty intuitive, but when you are preoccupied with mounting bills, then the pressure to settle increases. Settling early often means that you will not get the full value for your claim. Any leverage that the at-fault driver’s insurance company may have will be diminished. In short, having your Medpay cover your injury means that you are less likely to cave in to low ball offers.
If you do not have Medpay insurance, then you may want to use your health insurance, if available. If health insurance is also not an option for you, then you may want receive medical treatment on a lien basis. This means that you work directly with your medical providers, who will get compensated from your eventual recovery.
If you or a loved one have been injured in a car or truck accident, or in a nursing home, and you are wondering how to pay for needed medical treatment, then please do not hesitate, call and speak to one of our experienced Atlanta car accident lawyers today.
SHOULD I SEE A CHIROPRACTOR AFTER MY CAR ACCIDENT?
It is very important for car accident victims to seek out treatment at an emergency room, urgent care facility, or primary care physician, if at all possible. There is no substitute for treatment by a medical doctor, who can assess, diagnose, and treat all injuries. In order to strengthen your claim, report all of your symptoms to a medical doctor so that there is a clear record of injury.
Often, where there is only soft tissue injury, as opposed to broken bones or open wounds, the emergency room and primary care doctor will then refer the car wreck victim to chiropractors for further treatment.
A chiropractor is a healthcare professional that treats injuries of the muscloskeletal system, particularly the spine. Most often, this means that chiropractors treat soft tissue injuries where the symptoms are pain in the neck, back, core, and in the extremities.
While Doctors of Chiropractic medicine are unable to prescribe narcotics or other pain medications, they do take and evaluate x-rays in order to diagnose and treat injuries. Chiropractors use several methods to treat patients, including adjustments, manipulation, electric stimulation, hot and cold treatment, massage, and traction.
In the past, chiropractic medicine was viewed negatively. Now, it is a generally accepted means of medical treatment. According to recent studies, nearly ten percent of the US population has received chiropractic treatment. However, many insurance adjusters remain skeptical of the process and will generally try and undervalue these claims.
There may be other options available for soft tissue injuries other than chiropractic care. If you or a loved one have been injured in a car or truck accident, and you do not know whether chiropractic treatment is right for you, please do not hesitate, call and speak to one of our experienced Atlanta car accident lawyers today.
I WAS INJURED IN A CAR ACCIDENT BUT THERE IS LITTLE DAMAGE TO THE CAR: CAN I STILL BRING A CLAIM?
Regardless of the amount of damage to either vehicle after a car accident, if you were injured, then you have the right to bring a claim against the at-fault driver. Pure and simple.
Most insurance adjusters operate under the idea that minimal car damage means minimal bodily injury. Unfortunately for them, science is in absolute opposition to that notion.
Bumpers are designed to protect the vehicle, NOT the passengers, from damage in low speed, rear end collisions. Because of this design, the vehicle does not ‘absorb’ the blow, but instead accelerates forward quickly. While most of your mid-section and shoulders move with your car, your head and neck remain stationary. As such, your neck is hyper-extended. Then, the head snaps violently forward. At the time that your head stops moving forward, it moves back almost as quickly. This can cause whiplash, cervical sprain or strain, and severe pain. In short, you can be very hurt, while your car doesn’t even receive a scratch.
There are multiple factors, which do NOT include the amount of damage to the vehicles, that bear on the seriousness of the injuries. The size of the vehicles, the type of bumpers, the body position of the occupants at the time of collision, whether the occupants were “braced” or “ready” for the impact, and the age or preexisting conditions of the occupants.
Do not let an insurance adjuster tell you that you have no claim because there is little to no property damage. This is often not the case.
If you or a loved one have been injured in a car or truck accident in which there is little to no property damage, then do not delay, call and speak to the experienced Atlanta car accident lawyers at Schenk Smith today for a free case evaluation.
4 REASONS TO HIRE AN ATLANTA PERSONAL INJURY LAWYER
If you or a loved one have been injured in a car or truck accident, or in a nursing home, then it is recommended that you hire a personal injury lawyer. There are four major advantages to hiring an Atlanta personal injury lawyer.
First, the job of the lawyer is to maximize the value of your claim. Many believe that a personal injury lawyer will eat into your recovery. Nothing can be farther from the truth. Most injury attorneys take cases on a contingency, meaning that they do not get paid unless you get paid. As such, they have “skin in the game” and are likely to work hard for you. That is supported by recent studies, which show that settlements are up to 40% higher for people represented by lawyers than those who are not.
Second, having a lawyer allows you to step away from the claim and get back to a normal life. The lawyer is going to speak on your behalf and handle all the phone calls, emails, and other correspondence with the insurance company. In other words, having a lawyer on your side means that all you have to worry about is getting better.
Third, an experienced personal injury lawyer can help coordinate your medical treatment. Many injury lawyers have a network of medical providers that will work off of liens. This means that the medical provider will not charge you out of pocket for treatment, but will hold off until the settlement or a verdict is reached by the attorney.
Fourth, trial lawyers can prepare and ultimately take your case to trial. If a fair settlement cannot be reached with the insurance company, a jury trial is going to be the only way for you to recover full value. Conducting a jury trial is almost impossible for a lay person, and even most lawyers do not take cases to trial regularly. When the at-fault insurance adjuster knows that you have a lawyer that can go the distance, they are more likely to put more money on the claim.
If you or a loved one have been involved in a car or truck wreck, or in a nursing home, please call and speak to the Atlanta personal injury lawyers at Schenk Smith today.
ATLANTA PERSONAL INJURY LAWYERS: WHY YOU NEED Law Office of Will Smith
If you or a loved one have been injured in a car or truck accident, or in a nursing home, then it is very important that you retain the services of an experienced personal injury lawyer.
The insurance business is a multibillion dollar industry, and their goal after you have been injured is to pay you as little as possible on your claim. To the insurance company, it is a numbers game. Take in as many premiums as possible, pay out as little as possible on injury claims. Fair or not, it is the point blank truth.
Hiring Law Office of Will Smith to handle your claim is going to be your best defense against being taken advantage of. Think of it this way, if the insurance company is a cobra, an experienced personal injury trial lawyer is the mongoose- the only animal agile and quick enough to defeat the cobra.
Once you retain Law Office of Will Smith, you can expect two things:
First, you can expect that an actual trial lawyer will be communicating with you about your case every step of the way. Not an office administrator, not a paralegal. An actual person with a face and their name on the door.Second, you can expect that your case will be handled so that you will receive the most amount of recovery available to you under the law. Many TV and Billboard law firms attempt to settle claims quickly, to the detriment of their clients. Not at Schenk Smith. We aim to maximize the value of your claim.
If you or a loved one have been involved in a car or truck wreck, or in a nursing home, then you will soon be approached by the cobra. Before that happens, please call and speak to the Atlanta personal injury lawyers at Schenk Smith today.
WHAT MAKES A GOOD PERSONAL INJURY LAWYER?
If you or a loved one have been injured in a car or truck accident, or in a nursing home, then it is very important that you retain the services of an experienced personal injury lawyer.
But how do you know which personal injury lawyer to hire? There are so many to choose from, and they seem to be everywhere: On TV, on billboards, and on the sides of busses. What makes a good personal injury lawyer?
First and foremost, a good personal injury lawyer is going to be a lawyer that is good for you, as a client, as a person, as someone who has been injured. Depending on the complexity of your case, you may spending a lot of time meeting or communicating with your lawyer. A good personal injury lawyer is going to be someone that you can get along with, that you can talk to, and that you can respect.
Second, a good personal injury lawyer is going to be one who deals ONLY with, or dedicates majority percentage of his or her practice to representing injured folks. Nowadays, the law can get very, very complicated. Lawyers that deal in many areas of the law can put themselves at a disadvantage, because they will have THAT much more changes, revisions, and updates to the law to keep up with. Focusing only on personal injury increases the likelihood of success.
Third, a good personal injury lawyer is experienced at taking cases to trial. Many law firms, even those with an injury practice will NOT take cases to trial. This is a disadvantage because it tells insurance companies that they are free to low ball these attorneys without consequence. When a lawyer is not afraid to take cases to trial, then their verdicts and settlements will almost always reflect actual case values.
If you or a loved one have been involved in a car or truck wreck, or in a nursing home, then you are going to have many questions for your potential lawyer. Please feel free to call and speak to the Atlanta personal injury lawyers at Law Office of Will Smith today.
Do Personal Injury Settlements Get Taxed?
Generally, money from a personal injury settlement are not taxable under Federal or State law.
This is because the law excludes from a taxpayer’s gross income money damages received as a result of physical injuries. So for example, money received for medical bills, prescription drugs, lost wages, and pain and suffering are not taxable because these damages flow directly from the personal injury. This will be the case whether the claim is settled before trial or whether an actual verdict is rendered.
It is important to note that damages awarded for emotional distress or mental distress must be the result of a physical injury in order to be tax free. Sometimes, like in employment discrimination cases, there is not physical injury, although emotional distress damages are given. In those situation, the award is more than likely going to be taxed.
On the other hand, punitive damages are almost always taxable. Punitive damages are awarded not to compensate the personal injury victim, but to punish the wrong doer. Because of this, the injury lawyer will almost always instruct the judge to have the verdict form represent what amount of the award is for compensatory damages, and what amount is for punitive damages.
Sometimes, a Court will award damages that include interest on the judgment. Often, after a successful verdict for the injured victim, the insurance company will appeal the award. In Georgia, cases can spend years going up and down on appeal. Interest on the judgment simply means that once the judgment is rendered, interest begins accruing until it is paid.
If you or a loved one have been injured, and you are not sure how your potential claim will affect your taxes, then please feel free to call and speak to an experienced Atlanta personal injury lawyer today.
Can I Get Compensation if I was Partially at Fault for my Injuries?
Just because you were partially at fault for your personal injury does not mean that you will be unable to pursue your claim. However, your percentage of fault will reduce the amount that you will be able to recover. So for example, if you were 30% at fault for the injury, then your claim would be reduced by 30%.
In Georgia, the law of reduction due to fault by the injured person is called “Comparative Negligence.” As mentioned, Comparative Negligence provides that an injured person’s claim will be reduced by the percentage they are at fault, but, only up to a certain point. If your level of fault for the injury is equal to, or exceeds the other person, than you will NOT be allowed to recover at all.
So for example, if your damages in a particular case are $10,000 dollars, and you were 49% at fault, then your award would be reduced by $4900, leaving you with an award of $5100. However, if you were 50% at fault, then you would be completely barred from receiving anything.
Still, you should be aware that while Comparative Negligence allows recovery even where you may be partially at fault, where possible, defendants may attempt to defeat your claim by asserting the defense of “Assumption of the Risk.”
Assumption of the Risk means that the injured person could have, but chose not to, avoid the negligence of the other person. For example, when two people voluntarily participate in an underground street fight, or take part in an illegal drag race, and one is injured, the other party may assert the defense of assumption or the risk.
The law surrounding Comparative Negligence and Assumption of the Risk can be very complicated. If you or a loved one have been injured, and you are not sure how your own actions may affect your claim, then please feel free to call and speak to an experienced Atlanta personal injury lawyer today.
What Does It Mean to “File Suit,” and Why Do We Do It?
Quite simply, filing suit means to file a lawsuit. Or, in other words, to file a document, called a Complaint for Damages, with the Court that requests damages be paid by the defendant for the defendant’s negligent conduct.
From a 40,000 foot view, a person is obligated to conduct themselves in a reasonably prudent manner. When someone breaches this standard of care, and as a result, injures someone, then that person is obligated to compensate the injured victim for the damages. That is called negligence, and is the basis for the area of law called “personal injury.”
Both people and businesses make mistakes. They are sometimes negligent. That is why most drivers, homeowners, and businesses maintain liability insurance. Liability insurance is the type of insurance that covers persons who have caused bodily injury to another due to negligence.
Personal injury attorneys, representing the injured person, will negotiate the value of a claim with the negligent party’s insurance company. Almost all personal injury lawyers work off of a contingency, meaning they make a percentage of the overall settlement or verdict and nothing if there is no recovery. This means that they will attempt to negotiate the maximum value of the claim possible. The at-fault party’s insurance company will obviously attempt to pay out as little as possible.
Most personal injury claims are settled as a result of this negotiation. However, depending on the insurance company, or the facts of the particular injury, a settlement cannot be reached. When this happens, the injured person’s only option will be to file a lawsuit and take their case to trial. This decision should not be made lightly, as personal injury cases can be complicated and not easily won.
If you or a loved one have been injured in a car or truck accident, and you are not sure whether filing a lawsuit is right for you, then please feel free to call and speak to one of our experienced Atlanta personal injury lawyer today.
HOW LONG DOES A PERSONAL INJURY SETTLEMENT TAKE?
How long it takes to settle a personal injury claim will depend on several factors, including the extent of the injury and the at-fault driver’s insurance company. However, the primary indicator of how much time it will take to reach a settlement will be the time it takes for the client to reach maximum medical improvement.
Maximum medical improvement is the point in which the injury has either been completely resolved, or further medical treatment cannot improve the injury. So for example, in soft tissue accident, maximum medical improvement may be when the client is discharged from the treating chiropractor, physical therapist, or massage therapist, and is feeling as good he or she was prior to the car wreck.
Waiting until the client reaches maximum medical improvement is important because the at-fault driver’s insurance adjuster needs full and accurate information about the injury. When the adjuster knows the full injury, then full value may be placed on the claim.
After the client has reached that level, the car accident lawyer sends the adjuster a demand package. The demand package will contain the client’s medical records, evidence of lost wages, and other items. At this point, the negotiation process with the insurance company will begin. This can take from a few weeks to a month or so. It will depend on the degree of injury and the insurance company.
Generally, the statute of limitations for personal injury claims for car accidents in Georgia is two years, meaning two years from the time of the injury. As such, there may be times where it will be necessary for the car accident lawyer to file a lawsuit prior to the client reaching maximum medical improvement or prior to sending a demand.
If you or a loved on have been involved in a car or truck accident and have questions about how long it may take to resolve, it is important that you call and speak to one of our experienced Atlanta personal injury lawyers today.
INSURANCE COMPANY SAID I DON’T NEED A LAWYER: DO I?
If you or a loved one have been injured in a car wreck, then you are now in the business of trying to overcome those injuries and to get well as fast as possible. Your job will be to get back to life as it was before you were hurt. The at-fault driver’s insurance company will be in the business of trying to pay as little as absolutely possible on your claim. And their business is good.
Insurance companies attempt to pay out less on claims then they take in on premiums. One of the ways they do that is to settle claims for far less than they are worth. How do they do this? Quite simple: They attempt to convince injured people that they do not need legal representation. They attempt to convince injured people that personal injury lawyers will take all of the recovery.
Once they convince you, the injured person, not to retain a lawyer, they can begin whittling down the value of your claim.
Their first step is to get a recorded statement from you. In the recorded statement, they will attempt to get you to say things that will hurt your case, often without you knowing it. This is accomplished through leading questions, similarly to the way lawyers cross exam hostile witnesses on the stand. Unfortunately, many people get locked into statements that don’t reflect the truth, only because they were lead into admitting things that weren’t correct.
The second step is to nit-pick your medical bills. They ask you things like “Why did you go to the chiropractor so much?” or question the need for certain procedures. They will ask you to provide them permission to see your entire medical file, then attempt to use pre-existing problems against you.
The third step is to completely disregard compensation for ‘pain and suffering.’
Hiring a personal injury lawyer can put a stop to all that. A car accident attorney speaks on your behalf, understands the value of claims, and will file a lawsuit if necessary. In other words, will help you obtain full value for your injury.
If you or a loved one have been involved in a car accident and the at-fault driver’s insurance adjuster is trying to be your friend, it is important that you call and speak to one of our experienced Atlanta personal injury lawyers today.
WHAT MONEY AM I ENTITLED TO RECOVER IN A PERSONAL INJURY CASE?
An injured person is entitled to be put as close as possible to the position that her or she would have been in had the car wreck not occurred. We call this being “made whole.” Because no court has a time machine, the only way to do make someone whole is through money damages.
Recovery in a personal injury case can be divided into two categories of damages: Special damages and general damages. Special damages are the types of damages that come with a receipt, like medical bills, lost wages, and prescription drug costs. General damages are awarded for the level of pain and suffering that has been endured by the injured person.
As mentioned, the principal types of special damages are medical bills and lost wages. Recovery for medical bills includes all bills and fees associated with treatment for the injury. Also, injured persons are entitled to recover the value associated with future medical procedures. So for example, the cost of an upcoming surgery.
If the injured person has had to take time off of work, then he or she is entitled to the lost pay. Also, if the injured person had to switch to a different position or task, this can also be a source of recovery.
With regard to general damages, these are going to be a measure of how much the injury has affected the person’s life. As you can guess, a severe disability will have a greater recovery value than a simple soft tissue injury. Sometimes, the injury can prevent the person from obtaining certain jobs or achieving life goals. For example, a knee injury that keeps a marathon runner from competing in the future. The value of that claim will be higher than an injury that does not have the same lasting effect.
If you or a loved one have been involved in a car accident and you do not know what you might be entitled to, it is important that you call and speak to one of our experienced Atlanta personal injury lawyers today.
IS MY CASE BIG ENOUGH FOR A PERSONAL INJURY LAWYER TO HANDLE?
We sometimes have potential clients ask us whether their case is large enough to be handled by a personal injury lawyer. They assume that since their car wreck had little damage, or because they were not in immediate pain, or because the other side has already presented an offer, that they can handle the case themselves. The answer: It depends.
Generally, the value of a personal injury car wreck case is determined by the extent of the injuries suffered. So for example, a low impact rear end case in which the injured person treats with over-the-counter medicine is going to be of less value than a head-on collision that results in broken bones and an ER visit.
For car wrecks, do not be fooled by the amount of damage to the vehicles. As we’ve explained in other videos on our website and blog, newer model cars are designed to protect the vehicle, NOT the passengers. This means that the vehicle does not ‘absorb’ the blow, and the momentum and shock is taken out on the passengers.
Whether or not your case is “big enough” to be handled by a personal injury lawyer can often only be determined by a personal injury lawyer. The reason: injury lawyers are experienced at placing values on claims. They are experienced at making sure that clients receive the appropriate treatment. They are experienced at making sure that you recover for time missed from work, and recover for how the wreck has affected your life.
In other words, do not dismiss your car or truck wreck as small potatoes without contacting an experienced Atlanta personal injury lawyer. You could potentially be leaving money on the table. You will only get one shot at settling with the at-fault driver’s insurance company, so it may not be worth the risk to assume that your case is small.
If you or a loved one have been involved in a car accident and you do not know what you might be entitled to, it is important that you call and speak to one of our experienced Atlanta personal injury lawyers today.
I WAS CITED BY POLICE BUT I WAS NOT AT FAULT: DO I STILL HAVE A PERSONAL INJURY CLAIM?
Sometimes, in car wrecks, there is a dispute in liability. This is particularly the case when the innocent driver receives a citation by the police. Still, sometimes, there are ways to get around this.
We recently had a case in which our client was cited by the police for “failure to yield” to oncoming traffic. In that situation, she was on a moped, in the process of pulling out of a fast food restaurant, when she was hit by another driver.
The driver’s insurance company denied liability and refused to settle based on the fact that the police officer cited our client for the wreck. We knew, based on what our client was telling us, that they were flat-out wrong.
So, we investigated the situation thoroughly. We spent several hours at the accident site, which was in Cobb County. We spoke with the workers at the fast food restaurant, employees at the local gas station, and others. We were able to get a couple of people to sign an affidavit as to what they saw, and the ways in which our client was not at fault. This affidavit showed that the police, who were not present at the time of the wreck, got it wrong on the police report.
We then took videos of the intersection to demonstrate that the wreck could not have occurred the way in which the other driver says it did, or what appears on the police report.
We put all of this information into a package and told the other driver’s insurance company that their version of the story was flat out wrong, and our evidence proved as such.
At that time, the insurance company tendered the full policy amounts and our client was very happy.
If you or a loved one have been involved in a car accident, and you were not at-fault despite being cited by the police, it is important that you call and speak to one of our experienced Atlanta personal injury lawyers today.
IS LOCATION OF THE CAR ACCIDENT IMPORTANT TO SETTLEMENT VALUE?
There are a few exceptions to the Georgia constitutional venue requirement that lawsuits against the at-fault driver must be brought in the county in which the driver lives. One of those exceptions is when the at-fault driver is a non-resident of Georgia.
For example, we recently settled a case in which the at-fault, or defendant, driver, was a resident of North Carolina, who happened to be travelling through Georgia at the time of the car accident with our client.
In a case like that, the lawsuit may be filed in North Carolina (where the at-fault driver lives), in the county where the crash occurred, or where the injured person lives. Since it is generally not feasible for our clients to litigate in another state, this case presented two options for us.
Our client resided in western Georgia, within a county that is traditionally more conservative. In this instance, “conservative” refers to the fact that juries in that county tend to award lower than average verdicts for injured people. However, the car wreck occurred in Fulton County, Georgia. Fulton, as opposed to other counties in Georgia, is known as a more plaintiff friendly county, meaning that juries there award higher than average verdicts in injury cases.
So, we had the ability to put more pressure on the at-fault driver’s insurance company because we had the option of filing in a more ‘plaintiff friendly’ county. Because of that, the at-fault driver’s insurance offered the full policy limits, and our client was very happy.
If you or a loved one have been involved in a car accident, and you need help understanding where and how a lawsuit may be filed, it is important that you call and speak to one of our experienced Atlanta personal injury lawyers today.
MY CAR WRECK MADE A PRE-EXISTING INJURY WORSE: DO I STILL HAVE A CLAIM?
In Georgia, we have what’s called the “eggshell plaintiff” rule. This means that an at-fault driver in a car wreck takes the injured person as he or she finds them.
For example, if you happen to rear-end a 21 year old defensive lineman who is not injured because he is all muscle, then you got off lucky. Good for you.
But, if you happen to rear-end a car like one driven by a couple of our most recent clients, then the story is different. Our clients were a married couple in their 80s, with a host of health conditions. In that situation, you take the plaintiffs, or injured people, as you find them.
However, that does not mean that the at-fault driver’s insurance company will not attempt to use pre-existing conditions to deny coverage or to pay less on the claim. In other words, the at-fault driver’s insurance company will attempt to argue that any injuries supposedly suffered due to the car wreck were already there.
In the case of our elderly clients, they had so many health problems with their spine and bones, that they were told by their doctor that the next fall could potentially paralyze them. That is how weak their bodies were.
They were rear-ended on a back road with clear liability on the at-fault driver. However, the insurance company denied the claim, arguing that the injuries were already present before the wreck. As mentioned, this is very common.
We had several of their doctors review the medical records, particularly those after the wreck, and presented the at-fault driver’s insurance company with several affidavits attesting to the fact that this wreck severely, and unquestionably, exacerbated their pre-existing injuries. We put them on notice of the Georgia ‘eggshell plaintiff’ rule. Because of this, the insurance company tendered the full policy limit, which was in the six figure range.
If you or a loved one have been involved in a car accident, and you’re injury has made a pre-existing condition worse, it is important that you call and speak to one of our experienced Atlanta personal injury lawyers today.
