Attorney at Law, Car, Truck Accidents

FAQ’s

After the collision, what should I do?

Answer: Remain at the scene of the accident. If you are able to safely do so, move your vehicle out of traffic. Call for help. See if a calm family member or friend can come to the scene, as well. They can observe the scene and the parties involved and help you recall things later, as you may be shaken up at the time. Tell the police how the accident happened. Be sure to report all known injuries at that time, even if the officer does not ask about injuries, and even if you do not want to be...

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What types of injuries are typically sustained in an auto accident?

Answer: 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...

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What is a contingency fee?

Answer: 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. Return to FAQ’s...

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Can I receive medical treatment, even if I do not have medical insurance?

Answer: 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. Return to FAQ’s...

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How soon can I get a copy of the police report?

Answer: 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. Return to FAQ’s List

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What should I do if my child was injured in the auto accident?

Answer: 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. Return to FAQ’s...

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Does it matter if I am married, but my spouse was not in the vehicle during the auto accident?

Answer: Yes. Even if your spouse was not in the vehicle when the accident happened, they may 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. Return to FAQ’s List

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What types of damages can I recover if I have been injured in an auto accident?

Answer: 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. Return to FAQ’s...

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Do I have to notify my insurance company that I was in an auto accident, even if it was the other person’s fault?

Answer: 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...

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Why does the at-fault party’s insurance company take so long to get me a rental car or pay for my property damage after the auto accident?

Answer: 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...

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How much time do I have to file a lawsuit?

Answer: 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. Return to FAQ’s List

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What is the difference between filing a claim and filing a lawsuit?

Answer: Filing a Claim 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,...

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