The 3 Most Crucial Pieces of Evidence to Collect After a Car Wreck: Guidance from an Atlanta Personal Injury Attorney
Being involved in a car wreck can be an overwhelming experience, especially when you're navigating the aftermath in a bustling city like Atlanta. It's essential to have a clear head and know what steps to take immediately after the accident to ensure your rights are protected. As an experienced Atlanta personal injury attorney, I cannot stress enough the importance of gathering the right evidence. Here are the three most crucial pieces of evidence you should collect at the scene:
1. Photographic Evidence
Photographs can paint a thousand words, especially in personal injury cases. A visual record of the accident scene offers an unaltered version of events, which can be pivotal in establishing fault and the severity of the crash.
Why It's Important:
Provides an accurate depiction of damages to vehicles, visible injuries, and the overall accident scene.
Can corroborate or challenge statements made by involved parties.
Tips for Collection:
Use your smartphone to capture clear photos from various angles.
Ensure you photograph skid marks, vehicle positions, damages to surrounding property, and prevailing weather conditions.
Remember to snap shots of license plates, insurance cards, and the general surroundings.
2. Witness Statements
While memories can fade, a written or recorded statement from a witness remains steadfast. Such third-party accounts can be invaluable when piecing together the moments leading up to the crash.
Why It's Important:
Witnesses provide an unbiased recount of the events, which can help in validating or refuting claims.
Their testimonies can often tilt the balance when determining liability.
Tips for Collection:
Calmly approach potential witnesses and inquire if they're willing to share what they saw.
Use a recording app or jot down their accounts for accuracy.
Always gather contact information for future references, especially if their testimony is needed later on.
3. Police Reports
A police report is an official record that typically offers a neutral perspective on the accident. Having this can greatly simplify the process when you're working with insurance companies or even if the matter goes to court.
Why It's Important:
The report contains key details like the involved parties, potential causes, and citations issued, if any.
Such reports can provide foundational evidence when building a claim.
Tips for Collection:
Always ensure the police are called to the scene, regardless of the accident's magnitude.
When speaking with the officer, provide your account without laying blame or admitting fault.
Procure a copy of the police report as soon as it's available; it's your right to have one.
In the chaotic moments following a car wreck, it's easy to feel lost or uncertain. However, by focusing on collecting these crucial pieces of evidence, you're laying the groundwork for a strong case. Remember, it's not just about gathering evidence but ensuring it's the right kind that can bolster your claims.
The Importance of Hiring a Lawyer After a Car Accident in Georgia
If you have been involved in a car accident in Georgia, you may be wondering whether or not you should hire a lawyer. The decision to hire a lawyer is an important one, as it can have a significant impact on the outcome of your case. In this article, we will discuss the potential consequences of not hiring a lawyer, the benefits of hiring a lawyer, and how to find the right lawyer for your car accident case in Georgia.
The Potential Consequences of Not Hiring a Lawyer
There are several potential consequences of not hiring a lawyer after a car accident in Georgia. One of the most significant consequences is the risk of not being fully compensated for your damages. If you do not have legal representation, you may be more likely to accept a settlement offer from the insurance company that is lower than what you are entitled to. This is because insurance companies are in the business of making money, and they may try to take advantage of your lack of legal knowledge to offer you a settlement that is lower than what you deserve.
In addition to the risk of not being fully compensated for your damages, not hiring a lawyer also increases the risk of not being able to effectively negotiate with the insurance company. Insurance companies have teams of lawyers who are trained to protect the interests of the company, and you may not have the skills or knowledge to negotiate effectively on your own. This can lead to a settlement that is much lower than what you deserve.
The Benefits of Hiring a Lawyer
There are many benefits to hiring a lawyer after a car accident in Georgia. One of the most significant benefits is the peace of mind that comes with knowing that you have an experienced professional on your side. A lawyer can help you navigate the complex legal process and ensure that your rights are protected.
Another benefit of hiring a lawyer is the increased likelihood of being fully compensated for your damages. An experienced lawyer will have a deep understanding of the law and will be able to negotiate effectively with the insurance company to get you the best possible settlement. In some cases, a lawyer may even be able to take your case to court and fight for a judgment in your favor.
How to Find the Right Lawyer for Your Car Accident Case in Georgia
If you have decided to hire a lawyer after a car accident in Georgia, it is important to choose the right lawyer for your case. There are several factors to consider when choosing a lawyer, including:
Experience: Choose a lawyer who has experience handling car accident cases in Georgia. This will ensure that your lawyer has the knowledge and skills necessary to effectively represent you.
Reputation: Look for a lawyer who has a good reputation in the legal community. You can ask for recommendations from friends or family members, or you can check online reviews and ratings.
Fees: Make sure to discuss fees with any lawyer you are considering hiring. Some lawyers may charge an hourly rate, while others may charge a contingency fee (meaning they will only be paid if they win your case).
Uninsured and Underinsured Motorist Coverage: Protecting Yourself on the Road
As a responsible driver, it's important to protect yourself and your loved ones on the road. One way to do this is by purchasing uninsured and underinsured motorist coverage (UM/UIM). But what is UM/UIM, and how does it work? In this article, we'll explain everything you need to know about this important type of car insurance.
What is Uninsured and Underinsured Motorist Coverage?
UM/UIM is a type of car insurance that protects you in the event that you are involved in an accident with a driver who does not have sufficient insurance to cover the damages they have caused. This can include situations where the other driver is completely uninsured, or where their insurance coverage is not enough to fully compensate you for your losses.
How Does UM/UIM Work?
If you are involved in an accident with an uninsured or underinsured driver, your UM/UIM coverage will kick in to help cover the costs of the damages. This can include medical expenses, damage to your vehicle, and any other losses you may have incurred as a result of the accident.
To file a claim under your UM/UIM coverage, you will need to contact your insurance provider and provide them with the necessary information about the accident. This may include details about the other driver, any witness statements, and any documentation of the damages. Your insurance provider will then assess your claim and determine the appropriate amount of compensation.
How Much UM/UIM Coverage Do I Need?
The amount of UM/UIM coverage you need will depend on a variety of factors, including the value of your vehicle and the amount of coverage you already have under your regular car insurance policy. It's a good idea to speak with your insurance agent to determine the right amount of coverage for your needs.
Is UM/UIM Required by Law?
UM/UIM coverage is not required by law in Georgia. However, we highly recommend it as an additional layer of protection for you and your loved ones on the road. In Georgia, you are required to reject UM/UIM coverage in writing if you do not want it.
How Much Does UM/UIM Coverage Cost?
The cost of UM/UIM coverage will vary depending on your insurance provider and the specifics of your policy. In general, UM/UIM coverage is typically more affordable than other types of car insurance, such as collision or comprehensive coverage. However, the exact cost will depend on a variety of factors, including the value of your vehicle and your driving history.
Is UM/UIM Worth the Cost?
UM/UIM coverage can provide peace of mind on the road, knowing that you and your loved ones are protected in the event of an accident with an uninsured or underinsured driver. While it's not required by law in every state, it's still a good idea to consider adding this coverage to your car insurance policy.
In addition to protecting you and your loved ones, UM/UIM coverage can also help to protect your financial well-being. If you are involved in an accident with an uninsured or underinsured driver, you could be left paying for the damages out of pocket if you don't have UM/UIM coverage. The costs of medical expenses, damage to your vehicle, and other losses can quickly add up, and UM/UIM coverage can help to alleviate some of that financial burden.
Overall, the cost of UM/UIM coverage is likely to be a small price to pay for the peace of mind and financial protection it provides. It's a good idea to speak with your insurance agent to determine the right amount of coverage for your needs and budget.
In Summary
Uninsured and underinsured motorist coverage (UM/UIM) is a type of car insurance that protects you in the event of an accident with a driver who does not have sufficient insurance to cover the damages they have caused. UM/UIM coverage can help to cover medical expenses, damage to your vehicle, and other losses you may have incurred as a result of the accident. While UM/UIM coverage is not required by law in every state, it is a good idea to consider adding it to your car insurance policy as an additional layer of protection. The cost of UM/UIM coverage will vary depending on your insurance provider and the specifics of your policy, but it is generally more affordable than other types of car insurance.
Understanding Georgia's Comparative Fault Laws: What You Need to Know
In the state of Georgia, comparative fault laws determine how much responsibility each party involved in an accident or injury incident bears for the resulting damages. Understanding these laws is essential for anyone involved in a personal injury case, as they can greatly impact the outcome of the case and the amount of compensation that is awarded.
Georgia is a "modified comparative fault" state, which means that if a person is found to be more than 50% at fault for an accident, they are not eligible to receive any compensation for their injuries or damages. However, if a person is found to be less than 50% at fault, they can still receive compensation, but the amount will be reduced by their degree of fault.
For example, if a person is found to be 30% at fault for an accident, and the total damages are $100,000, that person would only be eligible to receive $70,000 in compensation ($100,000 x 70%).
It's also important to note that in Georgia, contributory negligence is not a bar to recovery and in some circumstances, non-party fault can also be considered in apportioning liability in a given case.
When it comes to how Georgia's comparative fault laws compare to other states, it's important to note that some states have a "pure comparative fault" system, where a person can recover damages even if they are 99% at fault for an accident. Other states, like Alabama, have a "contributory negligence" system, which completely bars a person from recovering damages if they are found to have contributed to the accident in any way.
How Georgia's Comparative Fault Laws Impact Personal Injury Cases
The impact of Georgia's comparative fault laws on personal injury cases can be significant. For plaintiffs, being found to be even slightly at fault for an accident can greatly reduce the amount of compensation they are able to recover. For defendants, comparative fault laws can provide a defense against liability and reduce the amount of damages they are required to pay.
In order to build a successful personal injury case, it's important for both plaintiffs and defendants to have a clear understanding of Georgia's comparative fault laws and how they apply to the specific facts of the case.
As in any legal case the evidence and how it's presented play a vital role. A strong legal team that understands the law and can effectively present evidence to support your position can make all the difference in the outcome of a case.
Additionally, as a plaintiff it's important to have evidence that clearly demonstrates the defendant's fault in the accident. This can include witness statements, photographs, and other forms of physical evidence. On the other hand, defendants should focus on gathering evidence that minimizes their own fault and highlights any contributory negligence on the part of the plaintiff.
It's also important to note that in some cases, multiple parties may be found to be at fault for an accident. In these situations, Georgia's comparative fault laws come into play in determining each party's degree of fault and corresponding level of liability.
It's also important to note that even if a person is found to be less than 50% at fault for an accident, they may still face challenges in recovering full compensation. Insurance companies may try to settle for less than the full value of the claim, and in some cases, plaintiffs may not have enough insurance coverage to fully compensate them for their damages.
This highlights the importance of having an experienced personal injury attorney to represent you, who can help you navigate the legal system and fight for fair compensation. A good attorney will be able to evaluate the evidence and build a strong case that supports your position.
In summary, understanding Georgia's comparative fault laws is essential for anyone involved in a personal injury case. By being aware of how these laws work, the impact they can have on a case, and how they compare to the laws of other states, you can better protect your rights and interests. With the right legal representation, and clear understanding of the law you will be able to achieve the best outcome possible.
Understanding Depositions: What They Are and How They Work
A deposition is a legal term that refers to the process of gathering information from a witness outside of a courtroom setting. Depositions are typically used in civil lawsuits and are considered a key discovery tool in the legal system. In this article, we will explain what depositions are, how they are conducted, and the role they play in the legal process.
What is a Deposition?
A deposition is an out-of-court testimony given under oath by a witness or party in a legal case. It is usually conducted in the presence of an attorney, who will ask the witness a series of questions about the case. The attorney may also show the witness documents or other evidence related to the case. The testimony given during a deposition can later be used as evidence in court.
Depositions can be used in both criminal and civil cases, but they are more commonly used in civil litigation. They are typically used to gather information and evidence from parties, witnesses, and experts in a case. They are also used to establish the testimony of a witness in the event that they are unable to testify in court.
How are Depositions Conducted?
Depositions are usually conducted in an attorney's office, but they can also be held in a conference room or other location. The witness is placed under oath before the deposition begins and is asked a series of questions by the attorney. The deposition may be recorded by a court reporter or through video or audio recording.
The attorney conducting the deposition will ask the witness a series of questions related to the case, and the witness is required to answer truthfully. The attorney may also show the witness documents or other evidence related to the case. The attorney for the other side may also ask questions, as well as the attorney for the witness in some case.
Role of Depositions in the Legal Process
Depositions play an important role in the legal process, as they help to establish the facts of a case and gather evidence. They are used to gather information from parties, witnesses, and experts in a case, which can later be used as evidence in court. They are also used to establish the testimony of a witness in the event that they are unable to testify in court.
Depositions also help the parties to a lawsuit to understand the strengths and weaknesses of their case, as well as to identify potential witnesses or evidence that may be important to the case. They also help the parties to evaluate the credibility of a witness, and to identify any inconsistencies in the testimony of a witness.
Conclusion
In conclusion, a deposition is a legal term that refers to the process of gathering information from a witness outside of a courtroom setting. Depositions are typically used in civil lawsuits and are considered a key discovery tool in the legal system. It is essential for parties involved in a lawsuit to understand the purpose and procedure of depositions, and their role in the legal process.
Understanding Georgia Diminished Value Claims After a Car Accident
What Is Diminished Value?
If you've been involved in a car accident in Georgia, and the other party is at fault, you might be eligible to file a diminished value claim. Diminished value refers to the reduction in your car's worth post-accident, even after complete repairs. It's crucial to understand this concept, especially in Georgia, where such claims are common.
Calculating Diminished Value in Georgia
One popular method to determine the diminished value is the 17c formula. This approach, developed by David Roberts, considers the vehicle's make, model, age, and damage severity. Here's a step-by-step guide to using this formula:
- Gather Information: Collect details like your car's make, model, year, and pre-accident value (from Kelley Blue Book or NADA guide).
- Determine Damage Severity: Assess the extent of the damages.
- Use a 17c Calculator: You can find these calculators online or consult a qualified automotive appraiser.
Remember, the 17c formula is just one method and isn't universally accepted. Always check with a local attorney or the DMV to confirm its validity in Georgia.
Alternative Methods for Calculating Diminished Value
Apart from the 17c formula, other methods include:
- Comparable Sales Method: Compares the sale prices of similar vehicles.
- Income Approach: Evaluates potential income lost due to the accident.
Each method has its pros and cons and may yield varying results. For accuracy, consulting with a professional appraiser or a car accident attorney is recommended.
Importance of Documentation
Maintain thorough records of the appraisal, repair invoices, and photographs. These documents are crucial if disputes or negotiations arise regarding your diminished value claim.
Working with Insurance Companies
Dealing with insurance companies in diminished value claims can be complex. They might use the inherent diminished value, which solely considers the vehicle's loss in value due to the accident history, not actual damages.
Seeking Professional Help
To navigate the complexities of a diminished value claim in Georgia, it's wise to consult with professionals. A Georgia diminished value calculator can provide a preliminary estimate, but for a comprehensive assessment, seek advice from qualified appraisers or attorneys.
In summary, understanding and accurately calculating the diminished value after a car accident in Georgia is key to ensuring you're fully compensated. Stay informed about the different methods and consult with professionals to achieve the best outcome for your claim.
The Thrill and Peril of Motorcycle Riding: Expert Legal Support in Marietta, Georgia
Experiencing the thrill of motorcycle riding is incomparable, yet it's a venture that comes with its risks. Motorcycle collisions often lead to grave injuries, and without adept legal guidance, victims might find it challenging to obtain the compensation they rightfully deserve. In Marietta, Georgia, Locke Law Firm stands out with its proficient attorneys, equipped with the expertise to aid motorcycle accident victims in safeguarding their rights and attaining necessary compensation for a better future.
Understanding Motorcycle Riding Risks
Motorcycles, being smaller and less detectable compared to cars, are inherently more prone to accidents. Data from the National Highway Traffic Safety Administration (NHTSA) reveals that motorcycles are 27 times more likely to be involved in lethal accidents than cars. The absence of protective features like seatbelts and airbags in motorcycles escalates the severity of potential injuries during accidents.
Common injuries from motorcycle accidents include:
- Severe road rash
- Bone fractures
- Traumatic brain injuries
- Spinal cord damage
- Instances of wrongful death
Navigating Compensation Complexities
Post-accident, victims often grapple with hefty medical bills, lost income, and additional damages. Regrettably, insurance firms and involved parties might be reluctant to offer adequate compensation. Without a knowledgeable lawyer, victims risk being undercompensated or overlooked in their time of need.
Locke Law Firm's attorneys bring a profound comprehension of legal intricacies and insurer tactics to the table. Our approach is to robustly advocate for our clients, ensuring they receive the compensation necessary to cover expenses and progress in life.
Locke Law Firm: Your Ally in Motorcycle Accident Cases
Facing the aftermath of a motorcycle accident can be daunting. Locke Law Firm in Marietta is your ally in these challenging times. Our attorneys, with extensive experience in motorcycle accident cases, are adept at constructing formidable arguments for maximal compensation.
We delve deep into each case's unique aspects, developing tailored strategies. Utilizing resources like accident reconstruction specialists, we strive to create compelling cases for our clients.
Our commitment lies in offering empathetic yet assertive legal representation, focusing relentlessly on your rights and financial recuperation.
Seek Expert Legal Assistance Now
If you're a motorcycle accident victim in Marietta, Georgia, don't delay in seeking expert legal help. At Locke Law Firm, our team possesses the requisite knowledge and experience to guide you toward the compensation you deserve. Reach out to us for a complimentary consultation and learn how we can assist you.
How to Fire Your Attorney: A Step-by-Step Guide for Personal Injury Cases in Georgia
Understanding When It's Time for a Change
Making the decision to fire your personal injury attorney can be daunting, but it's crucial for securing the best possible legal representation for your case. Whether you're saying to yourself, "how do I fire my lawyer?" or "can I fire my injury lawyer?", this guide is here to help. Let's explore the signs that it's time to part ways with your current attorney and ensure you're getting the professional services you deserve.
Signs You Need a New Lawyer
Inadequate Communication: If you're consistently left without updates, it might be time to reconsider your representation.
Stalled Case Progress: Lack of momentum in your case might mean you need a more proactive fire accident attorney.
Unmet Expectations: If the expertise promised isn’t being delivered, it’s valid to think about how to fire your attorney.
How to Dismiss Your Current Lawyer
Are you pondering, "Can I cancel a retainer agreement?" or "how to fire attorney effectively?" Here's what you need to know:
- Voice Your Concerns: A direct conversation could improve the situation.
- Keep Records: Documenting interactions is vital, especially if you need to justify your decision later.
- Secure a New Lawyer First: Find a skilled personal injury attorney before ending your current representation.
- Provide Written Notice: A formal letter or email is a professional way to communicate your decision.
- Organize Case Files: Having all necessary documents ready will ensure a smooth transition to your new lawyer.
Securing a New Personal Injury Lawyer
Here's how to find the right attorney for your needs:
- Conduct Thorough Research: Look for attorneys with strong experience and positive client testimonials.
- Leverage Your Network: Use referrals from trusted sources.
- Interview Prospective Lawyers: Ensure their approach aligns with your case needs.
- Verify Credentials: Check their standing with law societies and confirm they're recognized by the bar association.
- Understand Financial Terms: Discuss contingency fee withholding agreements and retainer fees upfront.
- Sign a New Retainer Agreement: Formalize your new relationship with a comprehensive agreement.
Remember, it's your right as a client to receive competent legal services. If your current representation isn't meeting your needs, don't hesitate to take action. Whether it's a matter of retainer agreements or seeking a lawyer who better aligns with your case, ensuring you have the right legal support is crucial for your personal injury case.
Understanding Medical Payment Coverage and How It Relates to Auto Insurance
Medical payment coverage, also known as med pay, is an important aspect of auto insurance that can provide crucial financial assistance in the event of an accident. Medical payment coverage is one way to pay for medical care after a car wreck. However, many drivers are unaware of exactly what med pay covers and how it differs from other types of auto insurance coverage. In this article, we'll take a deep dive into medical payment coverage and explain how it relates to auto insurance, so you can be better informed when making decisions about your own coverage.
What is Medical Payment Coverage?
Medical payment coverage is an optional type of auto insurance that provides reimbursement for medical expenses incurred as a result of a car accident. These expenses can include hospital bills, doctor visits, and even funeral costs in the event of a fatality. Med pay coverage is typically offered in small dollar amounts, such as $5,000 or $10,000, but some policies may offer higher limits.
How Does Medical Payment Coverage Differ From Other Types of Auto Insurance?
Medical payment coverage is distinct from other types of auto insurance coverage, such as liability and collision coverage. Liability coverage provides protection against the financial responsibility for any injuries or damage you cause to others in an accident. Collision coverage, on the other hand, covers damage to your own vehicle regardless of who is at fault.
Medical payment coverage, however, only covers medical expenses for you and your passengers, regardless of who caused the accident. This means that med pay coverage can provide financial assistance even if the accident was your fault.
How Does Medical Payment Coverage Relate to Health Insurance?
Many drivers assume that their health insurance will cover all medical expenses related to a car accident. However, this is not always the case. Some health insurance plans have limits on coverage for accidents and may not cover certain types of medical expenses. Additionally, health insurance typically comes with deductibles and copays that may not be covered by med pay.
In such cases, having medical payment coverage can be a valuable safety net to cover the medical expenses not covered by health insurance. Also, health insurance takes time to process claims, which could cause delay in medical treatment. In that case, Med pay coverage can help with immediate medical expenses.
How to Make the Most of Your Medical Payment Coverage
In order to make the most of your medical payment coverage, it's important to understand the limits and exclusions of your policy. Some policies may not cover certain types of medical expenses or may have caps on coverage. Additionally, it's a good idea to keep detailed records of any medical expenses incurred as a result of a car accident, as well as receipts and bills, in case you need to file a claim.
It's also a good idea to review your coverage limits on a regular basis. As medical expenses continue to rise, the limits on your policy may become insufficient to cover all of your expenses. By increasing your coverage limits, you can ensure that you have the financial protection you need in the event of an accident.
Another thing to consider is how your medical payment coverage interacts with other types of insurance you may have, such as health insurance or disability insurance. Understanding how these different types of coverage work together can help you make the most of your overall insurance portfolio and avoid duplicating coverage.
It's also important to note that some states require a certain amount of medical payment coverage to be included in your auto insurance policy, while others leave it as an optional coverage. So, it is essential to check with your state's regulations.
Conclusion
In conclusion, medical payment coverage is an important aspect of auto insurance that can provide financial assistance in the event of an accident. It's important to understand how it differs from other types of auto insurance, how it relates to health insurance, and how to make the most of your coverage. By being informed and proactive, you can ensure that you have the right level of protection in place to cover your medical expenses.
Who is Liable if Someone Borrows Your Car and Gets into an Accident?
If you lend your car to someone and they get into an accident, you may be wondering who is liable for any damages or injuries that occur. The answer to this question depends on several factors, including the laws in your state and the specific circumstances of the accident.
In most cases, the person who was driving the car at the time of the accident will be held liable. This is because, as the driver, they have a responsibility to operate the vehicle safely and obey traffic laws. However, there are some situations where the car owner may also be held liable.
For example, if the person who borrowed your car did not have a valid driver's license, you could be held liable for any damages or injuries that occur. This is because, as the car owner, you have a responsibility to ensure that anyone who drives your car is legally allowed to do so.
Additionally, if the person who borrowed your car was under the influence of drugs or alcohol at the time of the accident, you could also be held liable. This is because you may be held responsible for allowing someone to drive your car while under the influence, as it shows a disregard for the safety of others.
Also, Some states have laws that make the owner of a car liable for accidents caused by someone else driving the car with the owner's permission. This is referred to as "negligent entrustment" and it means that if the owner knows, or should have known, that the driver is likely to cause an accident, the owner can be held liable.
Liability can also depend on insurance. Most insurance policies require that the person who is liable for an accident be covered by their own insurance. Therefore, if the person who borrowed your car has their own insurance, they will likely be responsible for any damages or injuries that occur. But if the person who borrowed your car does not have their own insurance, your insurance may be responsible for covering the damages or injuries, with limits.
It is important to note that every accident is different, and the specifics of your case will depend on the laws of your state and the circumstances of the accident. If you are unsure about your liability in a car accident, it's best to speak with an attorney who can give you specific advice.
Recommended actions for car owners
In order to minimize the chances of being held liable for an accident caused by someone borrowing your car, it is recommended that car owners take the following actions:
Make sure anyone who borrows your car has a valid driver's license and is familiar with the car and its safety features.
Do not lend your car to anyone who is under the influence of drugs or alcohol.
Be aware of your state's laws regarding negligent entrustment, which is the act of lending your car to someone that you know is likely to cause an accident.
Check the coverage of your insurance policy and take appropriate action to make sure you are covered in case of an accident caused by someone borrowing your car.
When should I get medical care after a car crash?
If you've been involved in a car crash, it's important to seek medical attention as soon as possible. Even if you feel fine immediately following the accident, it's still important to get checked out by a medical professional. Here's why:
Some Injuries May Not Be Immediately Apparent
It's not uncommon for people to feel fine after a car crash, only to start experiencing symptoms a few days later. This is because some injuries, such as whiplash, may not be immediately apparent. It's important to get a full evaluation from a medical professional to ensure that you haven't sustained any hidden injuries.
Early Treatment Can Help Prevent Long-Term Health Complications
If you do have injuries from the car crash, it's important to start treatment as soon as possible. Early treatment can help prevent long-term health complications and ensure a quicker recovery.
Insurance Companies May Require Medical Documentation
If you plan on filing an insurance claim after the car crash, you'll likely need to provide medical documentation. If you wait too long to seek medical attention, it may be more difficult to link your injuries to the car crash and get the coverage you need.
What Should I Do After a Car Crash?
If you've been involved in a car crash, there are a few steps you should take:
Check for injuries and call 911 if necessary.
Exchange information with the other driver(s) involved in the accident.
Take photos of the accident scene, including any damage to your vehicle and any visible injuries you may have sustained.
Call your insurance company to report the accident.
Seek medical attention as soon as possible.
It's important to follow these steps as soon as possible after a car crash to ensure that you get the medical care you need and protect your legal rights.
When Should I See a Doctor After a Car Crash?
Ideally, you should see a doctor as soon as possible after a car crash. If you're unable to see a doctor right away, it's important to at least visit an urgent care facility or the emergency room to get checked out.
If you're experiencing any of the following symptoms after a car crash, it's especially important to see a doctor as soon as possible:
Headaches
Neck pain or stiffness
Back pain
Numbness or tingling in the arms or legs
Dizziness or disorientation
Difficulty breathing
Chest pain
Abdominal pain
It's better to be safe than sorry when it comes to seeking medical attention after a car crash. Don't wait to see a doctor if you're experiencing any of the above symptoms or if you have any concerns about your health.
How Do I Pay for Medical Care After a Car Crash?
If you have health insurance, your medical care should be covered by your policy. If you don't have health insurance, you may be able to get coverage through your car insurance policy or through the other driver's insurance if they were at fault for the accident.
It's important to keep track of all medical bills and documentation related to the car crash. These documents will be needed if you plan on filing an insurance claim or seeking compensation from the other driver.
What to do After a Car Accident in Georgia
If you've been involved in a car accident in Georgia, it's important to take the right steps to protect your rights and ensure you receive the compensation you deserve. Here's a step-by-step guide to what you should do after a car accident in Georgia:
Stay at the Scene
It's important to stay at the scene of the accident until it's appropriate to leave. If you leave the scene of an accident, you could face criminal charges.
Check for Injuries
Immediately after the a, check yourself and your passengers for injuries. If anyone is injured, call 911 or ask someone else to call for help.
Call the Police
Even if the accident seems minor, it's important to call the police. The police will create an official report of the accident, which can be important in any insurance or legal claims that may arise.
Exchange Information
Exchange contact and insurance information with the other driver(s) involved in the accident. Be sure to get their name, phone number, insurance company, and policy number.
Document the Accident
It's important to document the accident as thoroughly as possible. Take photos of the damage to all vehicles involved, as well as any injuries you or your passengers sustained. If there are any witnesses to the accident, get their contact information as well.
Contact Your Insurance Company
As soon as possible, contact your insurance company to report the accident. Be sure to have your policy number and all relevant information handy when you call.
Seek Medical Attention
If you or any of your passengers were injured in the accident, it's important to seek medical attention as soon as possible. Even if you don't think you were seriously injured, it's important to be checked out by a medical professional. Your medical payment coverage may be enough to pay for some or all of this initial visit, and there are a variety of other ways to pay for medical care after a car wreck.
Consult with a Georgia Car Accident Lawyer
If you've been involved in a serious car accident, it's a good idea to consult with a Georgia car accident lawyer. A lawyer can help you navigate the legal process and ensure you receive the compensation you deserve.
Car wrecks: can I fight the police report?
Today I wanna answer a question about car wrecks. And the question is, can I fight the police report? The answer, yes you can, but, it usually helps to have prompt investigation and to take witness statements from whoever you can identify. Here's why, it's extremely common in car wreck cases to have a police report. A lot of times, when you've been involved in a car wreck one person calls the police, the police show up, they talk to everyone, and then they determine what happened and who's at fault. A lot of times they get this right. But occasionally, they do get it wrong.
Now, this often happens when one party doesn't talk to the police. For example, I had a case where our client, was struck with such force, that she had to be extricated from the car, and taken to the hospital in an ambulance. And so when the police arrived, they only heard one side of the story, from the driver who hit her. And let me tell you that story was not correct. Now, we were able to turn that around, because we were able to find video of the car wreck happening from a nearby store, and we talked to witnesses who saw the wreck happen and contradicted what this other driver said. So, in those kinds of situations, yeah you can fight the police report. But it really helps to have evidence to back up what you're saying. Evidence like video, or evidence like what other witnesses are saying. It also helps to have evidence of the crash immediately after it happened. And so, that can be evidence of road conditions, evidence of damage to your car and the other person's car. Sometimes the damage is such that the accident could only have happened one way. And that's the other driver being responsible.
So, what should you do, to make sure that the police get it right? Well, one, you should always talk to them when they show up to the scene of a car wreck, and you should calmly tell them your side of the story. You shouldn't be combative, you shouldn't call the other side a liar or anything like that. Even if they are lying to the police. You should tell them your side of the story and you should show them any evidence that you have. For example, if you have a dash cam. And the dash cam is going to show that the other guy's at fault? You should tell the police that and offer to give them the video. A lot of times they can download it directly in their trooper car and then give you the memory card back.
Also, if there are any witnesses standing around, you should provide that witness information to the police. Sometimes when you're in wreck, there are witnesses who will pull over and say, "Hey, I saw what happened." Or they may be standing around and say, "Hey I saw what happened." But it could take the police half an hour or an hour to show up. What you want to do is take down their names and telephone numbers and give them to the police. Or, if the witnesses are willing, you can record them, just video record them with your phone. Video record them saying what happened. And then that's evidence that you can show to the police. And that's evidence that you can keep and give to your lawyer, in case the other driver tries to say that he or she is not at fault.
Last thing you could do, is investigate where there might be cameras. Now, this has to be prompt. Because a lot of camera footage is overwritten after 30 days. But, there's oftentimes, especially in commercial areas, there's oftentimes a camera pointed at the road somewhere, and every once in a while it has a clear enough view of the road, that we can get it and see what's going on. Now, you don't have to do all this yourself, in fact, this is one of the most valuable things that we can offer our clients, when they hire us immediately after a wreck, is jumping on an investigation immediately. But, even if you don't hire a lawyer, you can do these things, to make sure that the police, have the police report correct. Blaming the other driver and not you when that's the truth.
The difference between State Supreme Court and State Court of Appeals Appellate Jurisdiction
Today I'm gonna talk about the difference between state supreme court and state court of appeals appellate jurisdiction. So the Georgia constitution determines what cases go to the supreme court and what cases go to the court of appeals along with some enabling statutes. The real important thing to remember is in a direct appeal, which is the appeal you have right after you've been convicted at trial, murder cases go directly to the supreme court and all other cases end up going to the court of appeals.
Now, there's a little wrinkle here. A case may go directly to the supreme court even if it's not a murder case if you're challenging the constitutionality of a statute or ordinance, but that's pretty uncommon. And so as a general rule, murder cases go to the supreme court, everything else goes to the court of appeals.
This also includes, if the jury hung on a murder charge and you're appealing your convictions on other charges and the murder charge stays behind. You can get retried on it but because the jury didn't convict you, you're not appealing it. In those cases, they go to the supreme court too, even though the murder charge is not actually being appealed. And that's because, you could be retried for that murder and the case could end up back at the supreme court.
For cases that go to the court of appeals, virtually any other type of case, type of criminal conviction except for a murder. The cases is argued in front of a panel of judges. And so the court of appeals is made up of a bunch of judges in three member panels. And what happens is, you get assigned to a panel just based on when your case is docketed and you argue to that panel. The panel reads the briefs, the panel makes a decision. If you don't like that decision then you can ask for the entire court of appeals to hear it. And that's called asking for the court to hear it on bonk. Now, sometimes they say yes, a lot of times they say no. If you don't like what happened at the court of appeals and either they heard it on bonk and they still denied you, or you don't wanna mess with asking the court to hear it on bonk because you don't think they're going to grant that motion. Then you can ask the supreme court to issue a writ of certiorari. And what that means is, you can ask for essentially the supreme court to tell the court of appeals, "Hey, send the case to us. We wanna review the work you just did." If the supreme court grants that petition, then you go to the state supreme court and you argue your case there. If they deny it, then that's it. That's the end of your direct appeal to state supreme court.
I mean, in the state appellate court system, and it gets remanded back to the trial court. If we're talking about post-conviction relief in a habeas Corpus proceeding, then denials of habeas corpus in the trial level get appealed directly to the supreme court. But it's not an automatic appeal, you have to ask permission from the supreme court first. If they say yes, then you go, if they say no, then that's it.
So long story short, murder cases they're going to the supreme court. Most other cases are going to the court of appeals first maybe they'll go to the supreme court but most of them end at the court of appeals. And then that's the end of the direct appeal.
What to do when car insurance companies call immediately after a car wreck?
I want to talk about something that I've heard happening recently. And that's car insurance companies calling up people and offering quick settlements, immediately after the car wreck. In fact, I had someone call me just the other day and he asked me, "Hey, should I take it?" "Or should I hire a lawyer?" And it was a great question. It seems like the terms of these offers are, the insurance company will pay you maybe $1000 or $1,500 in cash, and then they'll pay up to $5,000 in your medical bills in addition to your medical payments coverage. Now what's unclear, is if they're going to pay the medical bills as they come in, or if you have to pay them first, and then get reimbursed. The latter's obviously bad because not a lot of people have 5,000 bucks laying around to pay for their medical bills. Also, a hospital bill could even exceed that $5,000, if you had a CT or two or any complicated treatment other than just the doctor examining you, and then sending you home. The question about whether you should take this or not is, you know, the correct lawyer answer is it depends. But I think there are times when you can take this offer and it'd be fine for you.
But then there's other times when you should reject the offer and hire a lawyer. I think when they first offer this to you, you should never accept it. Because, you don't know how badly you've been injured. So the problem is, let's say that you've been in a car wreck, and you're feeling a little sore the next day, and the car insurance company calls you up and offers you this deal, and you say, "Hey, that's pretty good." You know, 1500 bucks now, and they'll pay for my medical care. Well, that's not a bad deal if you're not actually that injured. Maybe you're a little sore for a couple of days, but then you're completely fine. Well, 1500 bucks isn't terrible, especially if you don't want to mess with it. And if you've had no medical treatment at all, then it's going to be hard to get a lawyer to take your case anyway. And if you just went to the hospital, and you're otherwise fine, $5,000 is going to cover that bill, probably.
Now, on the other hand, if it's the day after and you're feeling a little sore, then you don't feel better. And it's been another day and another day and you're still in pain. And then after medical treatment and an MRI, it turns out that you have a herniated disc. Well, treatment for that's going to far exceed $5,000. And the problem is if you took that initial offer, they're not going to pay you more money if it turns out that you're more injured. They're just gonna say, "Well, hey, you signed this release, we don't owe anything more to you." So, that's why you should never agree to it when they first offer it to you, because you don't know your own case. You don't know if you're really injured or not. Now, if it's been a couple of weeks, or a couple of months, and you're a hundred percent better, you didn't really go to any other doctors after the emergency room, and you have that hospital bill, and it's under $5,000, then, maybe you just want to take it. On the other hand, if you've had any other medical treatment, other than going to the hospital, if you were really hurt in any way, then this deal's probably bad for you. I mean, think about it. Why is the car insurance company calling you up, to immediately offer you this deal? Because they know they can make money on it. I would say, do not accept this deal when they first call.
Wait and make sure that you are not injured. And then if you're not injured, call them up, and make a counter offer. Try to get some more money. They're willing to negotiate with you. And then, you've got money in your pocket, you didn't have to hire a lawyer for it, and it's all behind you. And thankfully, and most importantly, you still have your good health But, if the other thing happens, if you're actually injured. If you need medical care. If you're worried that it may exceed $5,000. By no means, take this deal. Get the medical treatment you need—and there are a variety of ways that you can pay for it—and then either represent yourself, hire a lawyer, give me a call and I'll give you some advice for free. But take this deal, it's going to be bad for you.
If you're facing one of these deals, and you don't know what to do, give me a call, shoot me an email, I'm happy to talk you through it. Do not take the insurance company's deal unless you are a hundred percent sure that you're not injured. And if you're not a hundred percent sure, then you should call me or you should shoot me an email and we can talk about it.
Paying for your lawyer and for other fees
This is a question that comes from a YouTube comment. And so this question is “how do you pay for a lawyer for these cases, if you want hire me or someone else, and what are common arrangements or costs?”.
So on the personal injury side most personal injury lawyers charge what's called a contingency fee. You may see on billboards where lawyers say, we don't get paid unless we win that kind of thing. What personal injury lawyers do is they take a percent of the money that they get for you. But if they get no money for you, then you don't have to pay them anything.
It's kind of like shark tank, where personally lawyers are investing their time and money into your case, and if the investment turns out to generate money than everyone gets paid. But if it's a bad investment then the lawyers get law. The lawyer gets stuck with the bill. Most lawyers charge a third until there's a lawsuit. And then if there's a lawsuit, that number increases to 40%. I've seen some lawyers start at 40% and some charge as much as 50%. I would really be hesitant to pay that kind of money unless the lawyer that I'm hiring is very experienced or it's a very specialized kind of case. So, for an auto wreck case, I probably would not charge. I mean, I would not pay that amount of money if I were the client. And I don't charge that amount of money I charge a third and then 40% if we have to sue someone. But if I were looking for some... If I was looking for a medical malpractice lawyer for example then I might expect to pay that because those kinds of cases are more expensive and more risky than other cases.
For criminal defense stuff, for a criminal appeals, I charge money upfront. And it depends on the amount of materials that we'll have to review, the amount of time that I think it'll take to read all the transcripts, research the issues write the briefs, or prepare for oral argument. To some extent, it depends on the complexity. There are some cases where I know that the issues involved in the case are gonna be pretty straight forward. There's other cases where I know it's going to be pretty complicated and then I'm gonna need to charge more so that I can spend the time that I need to spend to put the best case forward.
The real risk in hiring a cheap appellate lawyer, is that they just don't do that much work on your case. You don't wanna hire the appellate lawyer who charges bargain basement prices and has 50 or 60 appellate cases that they're working on because they won't be able to spend the time needed to really work on your case.
For the criminal appeals cases, I will generally take payment plans depending on the type of case. Depending on how much time we have generally I'll take some amount of money upfront to pay for my time and starting to review everything. Then I have to get paid the full amount before I start filing things in the case because once I start filing things, then you know we're kind of committed to doing the work.
So, that's how lawyers get paid. That's how we structure our fees here. It's a great question thanks for asking it. If anyone has any other questions please leave them in the comments. I always appreciate reading comments shoot me an email if you'd like to shoot me a question that way I'd be happy to answer it.
After a car wreck: when to deal with the other person’s insurance?
Today I wanna answer a question about repairing a car: "After I've been in a car wreck, can I repair my car before dealing with the other person's insurance?" And the answer is yes you certainly can. In fact, a lot of times, it'll be the most convenient for you to repair your car, and it'll show exactly what needs to happen to your car, what you need to be paid in order to make you whole.
When my clients have been in a car wreck and they need to get their car repaired, they have a couple options. One, is to have their own auto insurance pay for the repairs and then get that money from the other person's insurance company. Now, usually they'll pay for everything, except for maybe like $500 deductible or something like that. And once the other person's insurance accepts fault for the wreck, then they'll get that $500 and they'll pay it back to you. I usually recommend that people do this because it's easiest to deal with your own insurance company, because they wanna keep you as a customer. And so they will provide you with the best service and the quickest service. One problem with running it through the other driver's auto insurance, is they don't really care about you, you're not their customer. And sometimes they have these delay tactics like they'll say, "Well, we can't authorize "the repairs to the car, "because we don't know whose fault it is yet, "because we haven't talked to our insured." And they can drag this out for weeks whereas if you had your own car insurance pay for it, you'd already be repaired and back on the road. But if you don't have comprehensive coverage, then you can have the other person's insurance pay for your repairs, and once they determine that their insured is at fault, then they will either send an adjuster out to examine your car and determine how much money it'll take to repair it or they'll tell you to go to one of the body shops in your area that they have a contract with, and they'll just pay for whatever that body shop charges.
Now, sometimes people don't wanna wait for either one and they just wanna get their car repaired and they say, "Hey look, "I'm gonna get my car repaired, I'll pay in cash "and then someone will reimburse me later." You can certainly do it. If I were doing that, I would probably take my car to at least two body shops so that I could get competing quotes, and so I could show that I picked a reasonable quote, right? Maybe you take it to three all in one area, and you pick the middle most quote, or you just take it to a body shop that's pretty well respected and you know provides good service. And most importantly, will provide good records of exactly what they did to repair, and why they needed to repair it.
I would also ask them to take pictures if they could, to show exactly what parts were being replaced. Now let's say that you wanna repair the car but the other side's really dragging their feet and you don't have the cash to fix it. Another thing you can do, is you can have your car appraised and you can have someone come out and look at it and come up with what it would cost to repair it, or what the total loss value would be if it's just not worth it repairing it. and you have to pay this person some money to come out and do it. But they will provide this kind of neutral cost estimate for what it'll take to repair your car. And then you can send that, to the other person's insurance company and say, "Hey here's what it's gonna cost, cut me a check." And in fact, if you send it to them in a demand, if you send it to them by certified mail return receipt and you give them 60 days to pay up. If they don't do that, then you can sue them and they have to pay for attorney's fees if you win. And that's also commonly something that we'll do to kind of provide some leverage if they're trying to be funny with the property claim. T
Those are some options for what to do with the car and how to get it fixed. My number one suggestion, run it through your own insurance, that's probably gonna be the easiest way to get it done.