In that situation, it is logical to assume that the last car in the line caused the collision because that vehicle was following too closely to stop in time to avoid the accident. However, automobile insurance companies, in an attempt to not pay claims, often attempt to pin liability on one or all of the other vehicles involved, stating that one of the other cars or all of the other cars were, in theory, following too closely, and also liable for the collision. Or, if there are two impacts, there could be an argument over which impact caused the claimant’s injuries.

Or, sometimes, the circumstances do actually make liability unclear. For example, let’s say there is a 3-car rear-end collision. Vehicle 1 is traveling in the front, vehicle 2 is traveling in the middle, and vehicle 3 is the last car traveling in the line. Let’s say vehicle 1 is driving a car that is disabled and is driving below the minimum speed limit and then suddenly stops working. Vehicle 2 stops in a timely fashion to avoid hitting vehicle 1, but vehicle 3 does not stop in time and pushes vehicle 2 into vehicle 1.

It seems pretty obvious that vehicle 2 is not at fault, so that is going to be our claimant for personal injuries in this example. The person in vehicle 2 or his/her injury attorney will likely put both vehicle 1 and vehicle 3’s insurance companies on notice and set up claims. However, it would not be surprising if the automobile insurers for vehicles 1 and 3 engaged in a liability dispute.

The insurance company for vehicle 1 would argue that vehicle 3 was following too closely while the insurance company for vehicle 3 would argue that there was a “sudden emergency” and that vehicle 1 was negligently driving a disabled vehicle too slowly for conditions. Such a dispute often makes it difficult for claimants such as the driver of vehicle 2 to make claims, especially if the injuries are relatively small.

Insurance companies know that such disputes make it difficult for injured parties to make claims because if the claims cannot be resolved pre-suit, then the claimant has to incur the expenses of filing a lawsuit and suing both drivers 1 and 3, even if the claimant has a smaller soft tissue injury. Of course, if the driver of vehicle 2 suffered from catastrophic injuries, then it would make economical sense to bring the lawsuit regardless of which insurance company admitted or denied liability.

Of course, there are times when the two insurance companies of the at-fault drivers accept 50-50 responsibility, and the claimant can either settle the claims for reasonable amounts pre-suit.

At any rate, collisions involving multiple vehicles can be complicated in many respects, whether it be finding available insurance coverage or determining liability. Retaining the services of a qualified injury attorney is important when dealing with accidents involving multiple cars and multiple insurance companies. For a consultation with a car accident attorney, call The Davis Injury Firm at (404) 593-2620.

When you are involved in an automobile accident in Georgia, you will want the at-fault driver to have insurance; otherwise, you will have to try to collect payment from the driver personally. One of the first steps you should take is reporting the accident to your insurance company and to the at-fault driver’s insurance company. Under Georgia law, an insurer is required to provide information regarding the types and amounts of insurance available to cover the accident. Determining what types of insurance or which policies are available to cover your personal injuries can be difficult, but is imperative when making a claim for injuries from a car wreck in Georgia.

What types of insurance that belong to the at-fault driver can cover my Georgia personal injury claim?

The at-fault driver usually has car insurance that should cover property damage to your vehicle and personal injuries to you. The following types of insurance that the other driver could possibly have and be available to you when you’re injured in an accident are below:

Liability Insurance or Bodily Injury Policy: This is normally the policy that will cover the personal injuries that arose from the car accident if the other driver is at fault. The policy covers present and future medical expenses, lost wages, other economic losses, and present and future pain & suffering. Normally, an individual driver has a minimum of $25,000/$50,000 in coverage. What this means is that the policy covers up to $25,000 per person and $50,000 per accident for bodily injuries that the at-fault driver causes to other people. However, such policy limits could be much higher ($50,000/$100,000; $100,000/$300,000; $250,000/$500,000). Commercial policies issued for drivers of company cars tend to have much higher limits (ie, $1,000,000 in coverage).

The bodily injury policy is not a pay-as-you-go type of policy. In other words, the insurer will not pay your medical bills as you incur them. Typically, you will obtain all of your medical treatment before you make a demand for payment because settlement under this policy is a final settlement; settling before you obtain all treatment or know the extent of your injuries would be premature. Thus, you would either pay for medical treatment out of pocket or have your health insurance company pay for your treatment as outlined in my article on paying for medical bills after a car accident in Georgia. Within your demand for payment under the bodily injury policy, you can also make claims for other related economic losses, such as lost wages from the inability to work due to your injuries.

Property Damage Policy: When the other driver is at fault s/he is responsible for paying for the damage to your vehicle. Thus, if s/he has automobile insurance, then the property damage policy, which is separate from the bodily injury policy, will cover such damage. Not only does this include repairing the damage to the vehicle itself, but it could also include paying for the diminished value of the vehicle.

Personal Umbrella Policy: Many people have umbrella policies or excess policies that cover injuries from automobile accidents. An umbrella policy is applicable when the at-fault driver has is insufficient insurance under his/her bodily injury automobile policy to cover your injuries. For example, if you were injured in an automobile wreck due to the other driver’s negligence and incurred $500,000.00 in medical bills and the other driver only had $25,000.00 in bodily injury coverage under his auto policy, you could potentially seek coverage under his/her umbrella policy.

Commercial Liability Policy: If the at-fault driver is acting as an employee or agent of a company when s/he hits you, then the company’s insurance policy could cover your injuries.

What types of insurance that belong to me can cover my Georgia personal injury claim?

Uninsured or Underinsured Motorist Policy: Georgia drivers should all have uninsured/underinsured automobile insurance (“UM”) with a minimum coverage of $25,000 per person/$50,000 per accident. Your UM policy kicks in when the at-fault driver has no insurance or when the at-fault driver has insufficient insurance to cover claims for your injuries. You must show that the at-fault driver has no insurance or that the at-fault driver’s insurance is exhausted before your UM coverage can be triggered.

Medical Payments Policy: Your automobile insurance policy could have a no-fault medical payments (medpay) policy that will cover your medical bills if you are involved in a car accident. Normally, medpay policies have lower limits of, say, $5,000.00 or $10,000.00.

Health Insurance Policy: Your health insurance policy covers medical treatment as outlined in your health care plan. Even if your medical treatment is related to a car accident, it should be covered through your health insurance. Often, if you do eventually recover under the at-fault driver’s liability policy, you may have to reimburse your health insurer; however, health insurance should cover medical treatment as your receive it.

The types of insurance outlined above are not an exhaustive list of insurance policies that may be available to you if you are injured in an automobile accident in Georgia. Insurance law is relatively complicated; and, it can become even more complicated when insurance companies begin to deny coverage or pay less than the full value of your claim. Thus, it is usually necessary to have a qualified personal injury attorney to assist you when you are involved in an auto accident in Georgia. If you have further questions about automobile insurance law in Georgia, please feel free to call our office at (404) 593-2620 for a consultation.

Unfortunately, where you’re involved in an automobile accident in Georgia before you actually settle or obtain a verdict in your case, you cannot obtain an “advance” from the at-fault driver’s insurance company for medical bills. Thus, you must arrange to pay for your medical treatment in the following ways:

1. Billing your health insurance company. If you have health insurance, it is extremely important that you insist that the hospital or your doctor bill your health insurance company for any and all treatment related to the car accident. If not, the hospital or doctor will go after you personally for payment. The reason many hospitals or doctors do not want to bill your health insurance company is that health insurance companies pay lower rates for treatment. If the hospital waits until you settle your car accident case, you pay FULL PRICE for the medical treatment. If you are covered by health insurance, you are fully entitled for payment of your medical bills under your health insurance contract. Now, the issue of whether your health insurance company is entitled to reimbursement is a totally separate issue that can be resolved with the assistance of a qualified Atlanta injury attorney.
2. Medical Payments Coverage. Often, your automobile insurance policy will have a “medical payments” policy. That policy will pay for medical treatment arising from the car accident up to the policy limits. You should ascertain whether you have medical payments coverage to pay for your treatment.

The bottom line is that you will not simply be able to “bill” the at-fault driver’s automobile insurance policy to obtain medical treatment coverage. In fact, you may not be compensated for your medical damages until well after you have received and paid for treatment.

If you have questions about obtaining medical treatment after your car accident in Georgia, please call Atlanta injury attorney Betty Nguyen Davis at (404) 593-2620 for a consultation.

To make a personal injury claim under Georgia law, a claimant must show that s/he is not at fault, that the other driver’s negligence caused the accident, and the accident caused the claimant to suffer from injuries. When there are more than 2 vehicles involved, negligence and fault can be difficult to prove, especially when insurance companies are quick to deny liability.

A classic example of a multiple vehicle collision is the domino effect rear-end collision. A vehicle rear-ends the vehicle in front of it and then the vehicle in the back hits the middle vehicle. In an everyday rear-end collision, the vehicle that rear-ends the car in front of it is usually at fault and is often cited for “following too closely.” Add a third car, and it can complicate things because now there are more people to blame for the cause of the accident. In theory, cars #2 and #3 were both following too closely, causing each of them to collide with the car in front of it. And, if there are two impacts, the cause of the personal injury could be questioned: was it the first impact or the second impact that caused the injuries?

Or, add a fact such as the first vehicle was disabled and stopped in the middle of the road. That calls into question whether the driver of the stopped vehicle could be at fault for stopping.

At any rate, if you are injured in multiple vehicle accidents, chances are you need an attorney to assist you with your claim. Multiple cars mean multiple insurance companies and multiple insurance claims. Sometimes, an insurance company may only accept 50% liability, and you have to collect the other half of your claim from another insurer. Or, you have to file a lawsuit in order to allow a judge or a jury to determine liability.

As with any car accident involving injuries, you should:

• seek medical attention immediately;
• notify your car insurance company of the accident;
• notify the at-fault parties’ car insurance companies of the accident;
• but do not give a recorded statement;
• obtain a copy of the police report for the car accident (if your accident occurred in the Hapeville, College Park, or East Point areas, you’ll probably be looking for a City of Atlanta Police report);
• take photographs of injuries to your person;
• take photographs of property damage to your car; and,
• call an attorney to advise you.

The Davis Injury Firm is happy to answer all of your legal questions related to making a personal injury claim involving multiple vehicles. Call us at (404) 593-2620 for a consultation with an attorney.

Medical Treatment

One of the first things you need to do if you are injured in a car accident is to seek medical treatment. If you are visibly and severely injured at the scene of the accident, then you need to be transported by ambulance to the emergency room for a full evaluation. Often, victims of car accidents do not feel hurt until the next day, especially when the injuries are neck and back injuries. If this happens to you, then you need to schedule a consultation with your primary doctor or go to an urgent care center immediately.

In addition to ensuring that you heal from your injuries, obtaining medical treatment is imperative for presenting your claim and obtaining compensation. Medical providers are able to explain how you sustained the injury and also keep records about your injury, level of pain, diagnosis, treatment plan, and cost of treatment. All of this information supports your personal injury claim.

Investigation

Investigating the surrounding circumstances of a car accident, how it occurred, and how it hurt you is also important in presenting your injury case. One of the easiest ways to get a summary of the events is to obtain the police report of the accident. The police report lists the parties involved, the make and models of their vehicles, the names of passengers, the names of witnesses, where and when the accident occurred, the insurance companies for each vehicle, the extent of the property damages to the vehicles, whether anyone was visibly hurt or transported by ambulance, and whether any citations were issued to the drivers.

The police report is a good starting point, as it will enable an attorney to call witnesses, set up insurance claims, obtain 911 calls, and photograph the scene of the wreck. If any citations were issued, a prudent attorney would obtain the disposition of the ticket. Big car or truck accidents could require an expert such as an accident reconstructionist to assess how the accident happened.

Insurance Information

Most drivers have automobile insurance that covers bodily injuries that are sustained in automobile accidents. Under Georgia law, such insurance information, namely the insurance policy limits and coverage, is required to be disclosed upon specific request as outlined by the law. Getting this insurance coverage information from both the at-fault driver(s) and the plaintiff is important in assessing the claim.

Filing a Lawsuit

Although filing a lawsuit is not always necessary to resolve a personal injury claim from a car accident, if you need to file a lawsuit, then you must do it within the two-year statute of limitations for personal injury in Georgia. Filing a lawsuit is a complex process, so hiring an attorney is probably wise on the part of the injured party. Most of the time, the at-fault driver has insurance, and the insurance company defends the lawsuit on his or her behalf.

As you can see, bringing a claim for injuries that you have sustained in a car accident can be complex. If you or a family member is looking for a car accident lawyer in the Hapeville, East Point, College Park, or any of the surrounding south Atlanta areas, call us today at (404) 593-2620 to meet with an attorney.

Personal injury attorneys normally do not handle property damage claims to your vehicle because it is difficult to charge attorneys’ fees on a contingency basis for that type of work. For example, if your car is worth $10,000.00 and the insurance company agrees to pay that amount, 1/3 of that settlement to an attorney would only put $6,667.00 in your pocket, which would not enable you to buy a comparable vehicle.

However, you can probably handle the settlement of your claim for automobile repairs yourself. If the car accident is not your fault, you can still call your own insurance company to assist you with the claim, and your insurance company can obtain reimbursement from the at-fault driver’s insurer. In order to determine whether the insurance company is paying fair compensation for your loss, you should pull up the blue book or NADA value of your vehicle. If it is a total loss, you’ll want to be paid the value of your vehicle. If the vehicle is not a total loss, then you will have to obtain repair estimates and ensure that your vehicle is repaired and the insurer pays for the cost. In Georgia, you are allowed to make a claim for diminution in value, but that is a difficult task, absent persistence, or even a lawsuit.

While you can handle your own property damage claim, you may not be able to handle a bodily injury or medical claim without the assistance of an attorney. If your medical bills are less than $5,000.00, then you may benefit from handling the claim yourself. However, if you suffered from any injuries that are more serious than a soft tissue/whiplash injury requiring only chiropractic care (or if the at-fault driver was acting egregiously by drinking and driving), then it is advisable that you seek help from an attorney.

Even though we do not handle property damage claims, we are happy to answer any questions you may have about getting your vehicle repaired or replaced as a result of a car accident in Georgia.

Statistics in the state of Georgia show that in 2005, 136 drivers between the ages of 15 -and 20 died and another 193 people were killed as a result of motor vehicle wrecks involving 15 to 20-year-olds. To combat death and injuries resulting from car accidents involving teenage drivers, Georgia has a law known as Joshua’s Law that creates parameters for teenagers obtaining driver’s licenses.

Joshua’s Law requires a sixteen-year-old trying to obtain a driver’s license to complete a driver education course approved by the Department of Driver Services and also complete forty hours of supervised driving, including six hours at night. Other requirements include being enrolled in school and not being subject to various disciplinary actions at school.

In addition, Georgia implemented the Teenage & Adult Driver Responsibility Act (TADRA), which established a three-step process for teenage drivers to learn how to drive safely. The first step is obtaining an instructional permit at the age of 15, where the teenage drive must be accompanied by a passenger who is at least 21 years old and has a valid C class driver’s license. The second step is to obtain an intermediate license that has restrictions regarding the time of day that the teenager can drive, prohibits the teenager from driving with passengers who are not family members for six months, and then limits the number of unrelated passengers thereafter. If the teenager can make it through the first two steps without violating any of the rules or being charged for other offenses such as DUI, eluding a police officer, or reckless driving, then the teenager can obtain a full Class C license.

Despite the laws combating reckless teenage driving, teenage drivers engage in risky behaviors, causing harm to themselves and others. Statistics show that even their teenage passengers often do the same, and have been shown to represent a significant percentage of those who are killed in motor vehicle accidents involving teenage drivers.

The passengers who are in the vehicle of a negligent teenage driver can recover against the teenage driver and even his or her parents (if the family purpose doctrine is successfully applied). Proving that the teenage driver is liable for the wreck involves examining the circumstances based on factors such as eyewitness testimony, the way the wreck happened, expert accident reconstruction, the police report, and admissions or statements from the parties involved.

A passenger may seek payment from the teenage driver’s car insurance company. The minimum required amount of insurance coverage for vehicles in Georgia for bodily injury is $25,000.00 per person/$50,000.00 per accident. Thus, if the injuries involve more than one passenger and occupants of other vehicles and involve catastrophic injuries, then the available insurance on the vehicle is often insufficient to fully compensate the victims. A claim by all of the injured victims may result in the late-filers receiving no compensation. If you are involved in a collision involving multiple claimants, you should make sure that your lawyer acts swiftly to make your claim with the car insurance company.

A qualified injury attorney would make a claim for his or her client immediately and also investigate the availability of additional insurance, whether it be uninsured or underinsured coverage, umbrella coverage, or commercial or business coverage; further, the attorney would examine the possibility of other liable parties. For example, there could be a defective road design where the accident occurred or the vehicle could be a defective product.

Any passengers of the teenager’s vehicle or other drivers or occupants of other vehicles who are injured need to seek medical attention immediately to avoid a gap between the time of the collision and the time of medical treatment. Such action would avoid a causation argument by the at-fault driver and his/her insurance company. Further, obtaining medical treatment creates a written record of the victim’s injuries and enables a better valuation of the case.

In sum, auto accidents involving teenage drivers are prevalent and often involve risky behaviors and catastrophic or fatal injuries. It is important that if you or a family member has been injured as a result of a teenage driver’s negligence, you obtain a qualified injury attorney. To speak to an attorney who will help you through the process of making a claim, call The Davis Injury Firm at (404) 593-2620 for a consultation.

Texting and driving is prohibited under Georgia law and can be subject to criminal prosecution. For a civil case, violating the criminal offense and pleading guilty to a ticket for texting and driving could constitute an admission of negligence. If you are injured by a negligent driver who was texting on his or her cell phone, then ascertaining whether the driver was texting could establish liability or even be grounds for seeking punitive damages (although texting and driving alone is not grounds for obtaining punitive damages, showing that the at-fault driver habitually texted while driving–a practice that is dangerous and shows wanton disregard for the safety of others– could possibly establish punitive damages.

An investigation that includes speaking to eyewitnesses, obtaining the police report, finding out the disposition of any citations, obtaining videos, obtaining 911 calls, and obtaining cell phone records is important to establish that the other driver was texting at the time of the collision. Such information could be powerful in establishing liability and damages when making a claim for bodily injury arising from a car accident.

Just as in any car accident in Georgia, whether it involves texting and driving or not, a claimant seeking compensation for bodily injury must show negligence, causation, and damages. Victims of such car accidents should seek medical attention immediately in order to establish both causation and damages. Typically, a gap in time between the collision and medical treatment is used as a defense for causation by insurance companies who do not want to pay reasonable and fair compensation. Thus, if you are injured in a car accident, you should get medical treatment immediately.

The value of your injury case or the “damages” rests, in part, on the medical bills that you incur as a result of the automobile collision. Other factors include the severity of your injury, the egregiousness of the at-fault driver’s actions, whether you have lost wages, the amount of insurance coverage available, the type of medical treatment you had, and whether you have passed similar injuries or accidents.

While texting and driving alone is not sufficient to establish liability or damages, it could be a factor in both, depending on the circumstances. Georgia case law has revealed that texting and driving by itself do not open the door for punitive damages; however, showing a pattern of such behavior could be a good argument for punitive damages. As for liability, showing that the other driver was texting and driving would at least establish that he or she was violating the law and was distracted at the time of the collision.

If you were injured in a car accident in Georgia, The Davis Injury Firm can walk you through how to make a claim for your injuries. Call us today at (404) 593-2620 for a consultation.

Operators of motor vehicles owe a duty of care to all other motorists on the road, including motorcyclists. Thus, when a car or truck is careless on the road and causes a motorcycle accident, the injured motorcyclist can recover compensation for his injuries from the at-fault driver. Because a lot of motorcycle accidents can result in fatalities or serious catastrophic injuries, it is imperative that such victims retain a qualified attorney to ensure that they are fully protected when making a claim.

Like any bodily injury claim in Georgia, an injured motorcyclist needs to prove negligence, causation, and damages in order to recover compensation. That is, the motorcyclist needs to show that the at-fault driver acted negligently or carelessly, which caused the accident and caused the motorcyclist’s injuries.

Negligence and liability can often be proven with eyewitness statements, statements and/or admissions from the parties, the police report, guilty pleas to traffic tickets, evidence of drunk driving, videos, photographs, 911 calls, or even accident reconstruction by an expert. An investigation of the crash scene could reveal other contributing factors, such as poor or defective road design.

Showing that the wreck caused the motorcyclist’s injuries is not difficult if the injury is catastrophic and visible at the scene of the accident. Evidence that the motorcyclist required immediate medical treatment at the scene and required an ambulance to transport him to the hospital can show causation as required under the law. If the injury is perhaps a smaller soft tissue back or neck injury that may not be visible at the scene of the crash, then the motorcyclist should seek immediate medical attention from a doctor and continue to seek medical treatment until the injuries subside or the doctor releases him.

Pinning a number on the value of the case or the value of the injuries is another important factor when bringing a claim for injuries arising out of a motorcycle wreck. As morbid as it may seem, the value of a lost life can be measured by factors such as the deceased’s future income based on his or her life expectancy. If the motorcyclist survived the crash but suffered from injuries, then the value of the case can be based on the severity of the injury (ie. loss of limb vs. broken bones vs. soft tissue), the number of medical bills incurred, future medical expenses, lost wages, and pain and suffering.

Other factors that determine value can also include the level of the recklessness of the at-fault driver, whether the at-fault driver was under the influence of drugs or alcohol, or whether the at-fault driver was talking or texting on a cell phone because such factors could support a claim for punitive damages. Of course, if there is little or no insurance coverage, the settlement amount could be less than the full value of the case.

As you can see, recovering compensation for injuries sustained in a motorcycle accident in Georgia can be complicated. The attorneys at The Davis Injury Firm are compassionate and qualified to walk you through your injury claim. Call us at (404) 593-2620 for a consultation with a lawyer.

A roof crush occurs when a vehicle rolls over and the roof collapses into the cabin of the vehicle, often hitting the driver and passenger in the head. Such an impact is often catastrophic and causes big injuries such as brain injuries, spinal cord injuries, and even death; with such injuries, a run-of-the-mill automobile insurance policy is unlikely to be sufficient to fully compensate the victim. Thus, looking into the possibility of a manufacturing defect would expose the car manufacturer to liability and possibly provide the compensation needed to pay for medical bills and life care associated with such devastating injuries.

The National Highway Traffic Safety Administration (NHTSA) is responsible for addressing deaths and serious injuries associated with vehicle roof crushes and implementing and enforcing standards for vehicle roof crush resistance. The Federal Motor Vehicle Safety Standard Number 216 specifically addresses roof crush resistance for vehicles and outlines weight resistance requirements for vehicles. That is, the standards determine how much resistance a car roof should have to impact and weight so that the roof structure may withstand a minimum amount of force without moving into the car cabin.

In theory, vehicle manufacturers should build cars to sustain the required amount of force under the federal standard. For example, the steel side beams that are used for door frames should be a certain height in order to prevent a roof crush but could be designed defectively and cause a vehicle roof to crush. Similarly, the number of beams and pillars that line the top of the roof could impact whether the roof can sustain a significant amount of force. Roof crushes also increase the chance that the occupants of the car will be ejected, as they often force the doors to open.

When looking at a truck or an SUV, the issue of whether the rollover could have been prevented by designing the vehicle differently is also important. For example, the engine can be placed in a specific position to provide a solid center of gravity for the car and prevent rollover. Additionally, when there is a roll-over accident, attorneys often look at the possibility of other design failures, such as seat belt failures, car seat failures, and inertia buckle release.

When car manufacturers fail to design the roofs or the car appropriately to prevent rollovers and roof crushes, they can be subject to liability under products liability law in Georgia. Some popular vehicles that have been the subject of products liability litigation include Ford Explorers, Ford F-150s, Jeep Cherokees, and Chevrolet Suburbans.

Such cases are usually expensive and difficult to prove and require extensive expert evaluation by engineers, accident re-constructionists, medical experts, and other professionals. Many factors, such as whether the driver was acting reasonably, whether the driver/passengers were wearing seat belts, or whether any other factors could have caused the injuries all to come into play when evaluating roof crush and rollover cases.

In sum, SUV and truck rollover accidents require a different level of expertise than your everyday car accident. Thus, it is imperative that if you or a family member has been a victim of such an incident, you call a qualified attorney to evaluate your case. The attorneys at The Davis Injury Firm provide consultations and will guide you appropriately. Call us at (404) 593-2620 to schedule a consultation with an attorney.

Imagine you are preparing to turn right onto Ponce De Leon Avenue. You inched forward so you can merge more easily after a few cars pass.

Suddenly, you are jolted forward and then slammed forcefully back against your seat.

You have been hit from behind by another car, and then your airbag deployed in your face.

Small Car Accident, Big Financial Headache

Initially, it doesn’t seem you’ve been hurt in the accident; the vehicle that struck you was only going about 10 mph, and you had been sitting still. It seems the worst injuries are the burns on your face from the airbag.

You go to your physician two days later during your lunch break. You receive a prescription for antibiotic cream, as well as a warning that soft-tissue injuries might only be apparent after several days or weeks.

Ten days after the crash, you awake with a stiff neck and a throbbing headache. You’re too dizzy to stand, and your hands are numb.

A telemedicine appointment with your doctor confirms that your symptoms are consistent with whiplash. Now what?

Whiplash is often dismissed as a minor malady, but left untreated, it can cause complications throughout the body. Whiplash occurs when the head is snapped backward and forward with force. Tendons and ligaments in the neck are strained past the point of safety and sometimes torn.

In this hypothetical, the initial impact followed by the airbag had slammed the head around violently. Your musculature compensated for the injury – muscles that would normally be relaxed contracted to counteract the strain on the neck.

But after nearly two weeks, the muscles are overloaded, and you require medical attention.

Your doctor refers you to a physical therapist and recommends you take several days off wok so you can rest.

You attempt to have your medical bills and lost wages covered by the insurer of the vehicle who struck you. Unfortunately – but not unexpectedly – your claim is denied.

They dispute that your injuries stem from the wreck and deny liability for your medical care. 

When Insurance Won’t Pay Your Medical Bills For Your Car Accident

Insurance companies are for-profit entities and often deny valid claims. This is a giant hassle for people who are recovering from an accident. In many cases, people are so frustrated by the process that they stop seeking compensation – which is exactly what insurers want.

Luckily, in this scenario, you have a powerful piece of evidence on your side: documentation of your doctor’s visits. Because you were seen by your physician immediately after the wreck (and then had a follow-up appointment when your symptoms worsened) your legal team will be able to prove your claim.

If you are in any vehicle accident, you should visit a doctor as soon as you are able. Even a minor collision can have medical consequences, and proper documentation is key.

Also, you do not have to hound these corporations yourself. An experienced Atlanta personal injury attorney can handle the technicalities of your case while you focus on recovery.

Serving Atlantans With Strength, Experience and Heart

If you were injured in a rear-end collision and insurance is denying your claim, contact an Atlanta personal injury attorney who knows how to fight against insurance companies for you.

Hit-and-run collisions can be complicated to litigate. When an accident occurs, both (or all) drivers involved must stay at the scene to speak with authorities.

But not all Atlanta motorists will face-up to their mistakes and that’s why having a personal injury attorney on your side is important.

Imagine you are making a right-hand turn into a gas station in midtown Atlanta when another vehicle tears out of the parking lot. You collide, and your airbags deploy.

When you are finally able to exit your car, you are stunned to realize that the other vehicle, a truck, has fled.

You suffer a torn rotator cuff and are furious at the prospect of paying medical bills for an accident that was someone else’s fault. You are unable to work for several months while you recover, adding to the financial strain. 

How Lawyers Investigate Car Crashes

There are two actions you should take in such a situation that will be essential to proving your case. First, contact the police immediately following the accident. Secondly, do not attempt fight this battle alone; enlist a personal injury law firm to help you achieve justice.

Your attorneys will spring into action to track down the other driver. The accident report will be an invaluable asset –police will have any witnesses’ names and contact information, as well as facts about the accident. Your lawyers will interview these witnesses and put together a detailed timeline of events.

They will contact the gas station and review their security camera footage. Once the perpetrator is found, your legal team will attempt to hold them responsible.

But that may not be the end of your ordeal. What if the driver denies liability and claims he wasn’t present at the scene? Your attorneys will file a lawsuit, fully prepared to defend your case in court. 

Winning a Hit-and-Run Automobile Accident Case

When the other party in an accident makes a contradictory claim, you are backed into a corner: either you must defend your version of events, or give-up on your case. Luckily, you are not alone – you are represented by an experienced motor vehicle attorney.

Davis Injury Firm has investigated thousands of cases. We thoroughly examine and gather evidence on behalf of our clients and have access to records that a layperson cannot easily obtain.

Your representative’s investigation uncovers damage to the front driver’s side of the defendant’s truck. Your attorneys assert it was caused by the collision with your car, and details from the police report and witness statements corroborate this claim.

At this point, the other driver will either be forced to settle, or defend their flimsy case in court. With so much evidence against them, you will almost certainly receive the compensation you are owed.

If you have been injured, you should not have to bear the burden of proving your case. We want you to rest and recover.

Atlanta Automobile Accident Law Firm

If you or someone you love was hurt in a hit-and-run accident, contact Davis Injury Firm. Our team has investigated crashes all over Atlanta and we will not rest until you receive justice.

Resolving a personal injury automobile accident claim in Georgia usually takes several months or even years, depending on the severity of the injury and the length of time that the injured party requires medical treatment.

Normally, when you are injured in a car accident and wish to make a claim, there could be several steps involved, including:

1. Reporting the injury to your insurance company and the at-fault driver’s insurance company to establish the claim;
2. Obtaining information regarding the available insurance coverage;
3. Seeking medical treatment;
4. Gathering information regarding the accident. For example, you may want to obtain a copy of the police report and ascertain whether the at-fault driver received a citation. Or, you may want to take photographs of the damage to your car or of your injuries;
5. Obtaining medical records and bills evidencing your injuries;
6. Asking the insurance company for a settlement of your claims;
7. Filing a lawsuit against the at-fault driver in court if a settlement cannot be negotiated.

The length of time it takes to resolve your claim depends on factors such as how severe your injury is or whether the insurance company accepts or denies liability of the at-fault driver or company. Claims that are settled pre-suit are normally done so within a 4 to 8-month period; however, it is difficult to make or settle a claim without complete medical treatment. That is, if you are so injured that you require additional medical treatment, it is difficult to make a demand for a specific dollar amount until you are discharged from such treatment. Thus, it is advisable to wait until you are finished with medical treatment before engaging in the negotiation of a settlement.

In Atlanta and in the state of Georgia in general, the statute of limitations or the time frame in which you can bring a lawsuit for personal injury is two years. Thus, if you or a loved one is injured in Georgia and requires a lifetime of care, it may be advisable to make a demand quickly and file suit quickly to preserve your claim. However, if you are not severely injured and require treatment such as a few months of physical therapy, then you are likely able to wait until your treatment is finished to make a claim.

In sum, it is difficult to determine the length of time it will take to resolve a personal injury automobile wreck claim in Georgia. However, with the advice of a Georgia injury attorney, you should be able to maximize your recovery. For a consultation with an auto accident attorney in Georgia, please call The Davis Injury Firm at (404) 593-2620. We have offices conveniently located in Hapeville, Georgia, or Atlanta, Georgia, and are always happy to come to you if you cannot make it to our offices.

One of the most frequently asked questions of Atlanta personal injury attorneys is: “how much is my case worth?” In fact, that is a topic of discussion amongst lawyers themselves when it comes to looking at cases. The reason that the question is asked so frequently is that there is no real answer.

However, when evaluating your Georgia personal injury claim, there are some factors that determine how much your case is worth, including:

1. How serious the injury is. When looking at a personal injury claim, the type of injury is probably the most important factor in valuing the claim. A broken bone or a fracture is going to be worth more than injuries that cannot be seen. A lot of people who are involved in car accidents suffer from what is known as “soft tissue” injuries. What that means is, that you can experience pain and soreness from an auto accident that may require some conservative treatment such as physical therapy. However, you’ll ultimately heal and be better without a permanent injury.
2. How severe the crash was. When evaluating the value of a car wreck, seeing badly damaged vehicles will cause insurance companies to give more value to the claim. Without discussing the science of whether a low-impact car accident can cause a severe injury when there is severe property damage, the chances of the case being worth more increase.
3. The amount of available insurance. In Georgia, individual drivers may not carry a lot of insurance. The minimum coverage in Georgia for bodily injury is $25,000.00 per person/$50,000.00 per car accident. Thus, if the at-fault driver only has $25,000.00 in insurance coverage, even the worst injury could result in a settlement for whatever insurance is available. Even worse, some drivers may not have insurance, at which point you could make a claim under your uninsured motorist policy or sue the driver. However, most drivers carry insufficient amounts of uninsured motorist protection. And, suing the at-fault driver could be futile if s/he does not have any assets.
4. Venue. Venue is where your personal injury lawsuit would be filed. In Georgia, the lawsuit is usually filed where the at-fault driver resides or where a corporation is registered. In the Atlanta metro area, venues with juries that are traditionally more likely to award higher judgments in personal injury suits include Clayton County, Dekalb County, and Fulton County.
5. Likeability of the Plaintiff (YOU!). When you bring a lawsuit for injuries in Georgia, you will ultimately rely on a jury of 12 of your peers to determine the value of your case (if you do not settle it beforehand). Thus, demonstrating that you’re an honest, likable person who, by no fault of your own, was injured in an automobile accident and incurred medical bills or lost time at work, is just one important element of maximizing your claim. That means, from the start, it is imperative to be honest with your Atlanta personal injury attorney so that all of the pros and cons of your case will be properly presented at trial.

There is no set formula for determining the value of your personal injury case. However, having a qualified Atlanta injury lawyer will certainly enable you to maximize the value of your automobile accident case in Georgia. For a consultation with an Atlanta injury attorney, please call The Davis Injury Firm at (404) 593-2620.

Tractor-trailer cases are more complicated than car accidents not only because of the sheer magnitude of possible injuries and damages but also because both federal and Georgia laws govern the operation and use of such commercial vehicles. An understanding of such laws, in addition to knowledge about the intricate corporate relationships between employees, independent, contractors, brokers, and shippers, are essential to the successful negotiation and resolution of such cases.

Additional factors such as violations of regulations regarding the training of drivers, the use of alcohol or drugs, vehicle maintenance, and the transport of hazardous materials can even further complicate your case.

An attorney who understands these issues may be able to find multiple ways to show liability not only against the driver of the truck and the company but also against any other entities that may have contributed to the cause of the accident, increasing the amount of compensation that you can obtain. If you have been injured by a tractor-trailer, please contact The Davis Injury Firm LLC for a consultation.

1. Initial steps to making an automobile wreck injury claim. After you’re hurt in a car accident, your injury attorney may do the following, depending on the severity of the accident you had:

• talk to witnesses;
• obtain a copy of the police report;
• talk to the reporting police officer;
• visit the scene of the accident;
• set up a claim with the at-fault driver and your insurance companies;
• obtain insurance coverage information;
• obtain a copy of the ticket disposition for the at-fault driver; and,
• obtain any photographs of the wreck and damage to vehicles.

2. What should you be doing after you are hurt in a car accident? After the wreck, you should:

• contact an attorney who specializes in personal injury law in Georgia;
• seek medical treatment from your doctor immediately (if you went to the emergency room via ambulance after your wreck, follow up as instructed by the ER doctor);
• make sure your health insurance company covers your treatment;
• call your insurance company and report the accident;
• call the at-fault driver’s insurance company and report the accident; and,
• take pictures of the damage to your vehicle.

You should not do the following:

• sign any medical information release form that the car insurance company asks you to sign;
• give the at-fault driver’s insurance company a recorded statement;
• wait to get medical treatment;
• sign any releases with the insurance companies or take any money unless you are ready to finalize your claim forever; and,
• hire unscrupulous chiropractors or attorneys who contacted you (without you having contacted them) after your wreck.

3. Obtaining and paying for medical treatment. One of the first questions you’ll probably have after being hurt in a car accident is how do I pay for my medical bills?

• Use your health insurance to pay for your treatment in advance of settling with the car insurance company.
• If your car insurance policy has a portion of a medical payment, then you can make a claim for medical payments under this policy. Medical payments insurance is different from the general liability insurance belonging to the other driver because it only covers medical treatment actually incurred, whereas the other driver’s insurance will also cover “pain & suffering.”
• If your auto injury claim is successful, the other driver’s insurance company will eventually reimburse you for your medical and other expenses.

4. What kinds of losses can you recover for an injury sustained in a car wreck?

• pain and suffering;
• medical bills;
• lost wages for missed work;
• any expenses that you actually incurred and that arose from the accident.

5. How much is a fair and reasonable amount to recover for your car accident? There is no set way to determine how much your personal injury claim is worth. Every circumstance is different, and various factors come into play when determining the value of your claim. Although it is not exhaustive, here are some key elements to valuing your claim:

• the extent or seriousness of your injuries;
• the county in which the accident occurred or where the at-fault driver resides;
• the extent of damage done to your car;
• the amount of insurance available to pay for your injuries;
• whether the other driver was driving under the influence or engaging in other reckless behavior such as drunk driving;
• whether the other driver admits fault for the wreck;
• whether you had any prior similar injuries;
• whether you contributed fault to the accident;
• the type of vehicle that hit you (such as a commercial truck);
• the amount of medical bills you incurred;
• the amount of wages you lost from not being able to work; and,
• other causes of the wreck and/or your injuries (if any), such as a road defect.

6. How long does it take to resolve my personal injury claim? Again, this is one of those questions where the answer is “it depends.” It can take anywhere from 6 months to years to finalize your claim or get a judgment in court against the other driver. Some of the determining factors for the amount of time it takes are below:

• the amount of time it takes for you to obtain medical treatment and heal from your injuries. You don’t want to settle your case until you’re better or as good as you’re going to get based on your doctor’s advice because once you settle your claim, it is done forever; and,
• whether the other driver’s insurance company is willing to settle for a fair amount. If the other driver’s insurer refuses to accept fault or won’t pay a fair amount for your injuries, you’ll probably have to file a lawsuit, which means there will be litigation and increase the amount of time it will take to close your claim.
• whether you settle your claim before trial. So, after you file a lawsuit, there’s a process of giving and gathering information to and from both sides. The other side will want to interview you under oath and you’ll want to do the same as to the at-fault driver, witnesses, the police officer, medical providers, and any other person who is important to substantiating your or their case. You may also end up trying to “mediate” the claim with the other side or settle before trial. If settlement efforts fail, you’ll end up in court before a judge and a jury, where the jury will determine if you’re entitled to compensation. This process could take years.

7. Other key issues for Georgia automobile personal injury claims.

• Note that the statute of limitations for bringing a personal injury claim (via filing a lawsuit, so if you do not settle within 2 years, you must file a lawsuit in court or you lose your right) in the state of Georgia is two (2) years from the date of the injury;
• If you wait to have medical treatment or you have big gaps between visits to the doctor, it makes your claim more difficult;
• The use of social media, such as Facebook or Twitter, could hurt your claim in the long run if your posts show you weren’t really hurt or did not take your claim seriously; and,
• If you have a catastrophic injury or someone in your family died in a car accident, it is important to investigate the possibility of a defective car, road design, or other causes of the injury or death because there could be more available insurance to cover the extensive costs.

In sum, bringing a claim for personal injuries sustained in an automobile collision is not always simple. Talking to a qualified attorney is imperative to determine what is best for your situation. To speak to an Atlanta injury attorney about recovering for personal injuries due to a car accident, please contact The Davis Injury Firm LLC at (404) 593-2620 for a consultation.