Unliquidated Damages in a Personal Injury Case

This legal article is by the Atlanta Car Accident Lawyer.

Settling a personal injury case in Georgia takes many skills and tools to get the best deal for a client.  Sometimes the case itself lends itself to a quick settlement because of the extent of the injuries and damages or the actions of the defendant.  However, in all cases in between, full knowledge of the law is required to make the best of each situation.

Some cases can go on a long time.  The average personal injury case can take between six months to over a year to settle.  In part, some of the time is the client healing.  It is always important for the client to get better before considering resolving the case.  What if the injury doesn’t heal?  What if it gets worse?  What if you need surgery after all?  You see why it is important to wait.

That being said, in some cases the defendant has the minimum amount of insurance, and you have a substantial injury.  In these cases, an unliquidated demand letter would be appropriate.  This type of demand allows you to recover interest on the money you are deserved while the case moves along.  This creates an incentive for the insurance company or law firm to move quicker which creates a time limitation on their decision making.

The Georgia legislature created specific statutes to govern requests for unliquidated damages.  O.C.G.A. Section 51-12-14 allows for an injured party in a personal injury case to send a demand for unliquidated damages directly to the defendant.  This is always the best idea.  The code also allows for the counsel of the defendant to receive said demand, but send it to both if you know of the counsel’s existence.

Certain requirements must be met in order to receive said unliquidated damages.  For example, the letter of request must be made by certified mail.  The verdict must be above the requested demand.  This includes any set-offs that may be due to defendant. The damages allowed, if successful, are interest at 12 percent per sear starting 30 days after the mailing date of the demand.

Although 12 percent per year is not huge money, when a larger case drags on, this would be substantial.

Understanding all of the tools to leverage a good settlement is important for any personal injury lawyer in Atlanta, Decatur or anywhere in Georgia.  This is just one of the many tools available to force a resolution and get you the fair compensation you deserve.

The McClelland Law Firm represents clients injured throughout the Georgia in cases such as Decatur car accidents, Atlanta tractor trailer accidents, Georgia motorcycle wrecks, McDonough personal injury lawsuits, Griffin auto injuries, Decatur wrongful death lawyers, and more.