One reason that you might have to file a car accident lawsuit in Georgia is because of the failure to come to an agreeable settlement. The insurance company thinks they know the value of the case to them. It is based upon their experience handling similar claims and how similar claims have been handled in the jurisdiction in which the case would be tried if it had to go to court. On the other hand your Georgia personal injury lawyer has their own view on the value of your case, as do you. It is the job of the attorney and it is the job of the insurance representative, both which represent their own respective clients, to come up with a proper settlement.

This requires flexibility and patience. It also requires a true understanding of the value the case. If either participant in negotiations is outside of the acceptable range of settlements, then it is based upon one of two things. The first being that someone wishes to be litigious and to not settle the case or because each party has placed a different value upon the same facts.

I’m assuming here of course that both parties have agreed to the facts of the case. If a case has dispute liability, such as were not exactly sure who was at fault for how much at fault, then the value each party puts on the case could be wildly different.

For example, the insurance company does not think that there driver was at fault and we think that there driver was at fault. The insurance company would and should in that case offer is $0.00. On the other hand, we will expect full compensation for all of your injuries and expenses. In this situation, you can clearly see that both parties will have difficulty in coming to an agreement in regards to selling the case without being flexible and without having the patience to wait for the other side to become flexible.

The deciding to file a personal injury lawsuit does require a certain amount of forethought. You cannot rush into these things. There are certain considerations that you should be aware of before you make the determination to abandon settlement negotiations and to proceed towards litigation.  For example, say you were in a motorcycle accident. A suit against a county has a different timeline than a suit against an individual. Your Georgia motorcycle accident attorney knows this, and will keep you protected.

One obvious factor in determining whether to file suit are not is the statue limitations. The schedule notations is a legal deadline which must be met in order for the case to remain valid. If a lawsuit is filed after the statue limitations, then your case will be thrown out of court and you will have no recovery. So, obviously knowing the statute limitations for each type the defendant is of utmost importance in the determination to stop attempting to settle the case in the file suit.

Another consideration is the whimsical nature of the American public. There is never a guarantee that you’re going to win trial. Each jury is comprised of 12 individuals. And those individuals are completely different. They may see your case completely different we but how we view. They may believe the other driver is to blame for the accident, but days don’t want to give you the amount of money that we are requesting. There could be numerous reasons why the jury returns a smaller verdict than desired.

For one we always want more than we should get. But seriously, everyone views what happens to them with more importance than what happens to someone else. It is our job and responsibility during the trial to make sure that the jury understands how the accident affected your life. The pain and suffering that you went through is important detail. How that pain changed your daily base your daily lifestyle. How that change affected those around you.  In it is a case-by-case basis obviously.

Someone with a minor injury will not look will not be looked at the same way as someone with a more severe injury. And to some degree the injury is more severe than the average person is accustomed to seeing, then the verdict may be equal to or greater than what we actually hoped the jury would return. That is on the good side. But on the bad side, they could not like you is individual. They could find that you are untrustworthy. They could find that the medical providers did not do a good job. They could find the other driver is just so sweet and they don’t want to give a verdict against them.

But I do know the the insurance company will provide a certain amount coverage for the other driver, however that is not something that we are allowed to introduce a trial. What that means is the jury when they go to deliberate the case must know coming into it is that the person that hired the attorney representing that poor old lady hit you is being paid for by the insurance company. And that same insurance company has millions of dollars to pay claims with. And the amount of insurance that sweet old lady has will be the amount the insurance company will pay anything above that amount that sweet old lady will be responsible for. So on one hand, that sweet old lady has a million-dollar I brought policy, but the jury thinks that she has a $25,000 minimum insurance policy, we may have a problem.

That is another reason why going to trial may not always benefit each client individually. I have had clients that had tattoos on her neck that you could see. That is not client you want to try without a turtleneck on. I personally don’t have any tattoos, but to each his own. However, not every juror or person lives their life as such. That is an extreme example, however it is important to note that each little factor can adjust the amount of the verdict. The main take away here is that trials are unpredictable in the amount of the insurance offer is fixed.

Another factor to consider when thinking about taking the case to trial is the amount of additional time that it will take. Going to trial is not an easy thing. Each County has its own internal system operating. One county may be fast where another County is extremely slow. In some counties there is a tremendous backlog in the other counties not so much so. The metro Atlanta counties are quite full. What that means is time Ing spent without your money. A dollar today is worth more than a dollar tomorrow. And with that in mind you have to think about how long it’s going to take you to actually get your money. If the car insurance company were to make an offer and we accept that offer, then usually we would have a check in hand within a week or so.

Another issue is the amount of time to try a case in court versus settlement of the same personal injury cases.  If we determined that that offer was not going to cut it, and the insurance company indicated that that was the highest offer they could make without going to trial then we would need to factor that in. The difference between a couple weeks or week or so and go on trial maybe a year plus. That is important to keep in mind because you have your own life. Before your involved in this accident you had your own things going on, and had a daily routine. Now that you’re in this accident, one of the things that you’re constantly thinking about is your personal injury case. You’re probably wondering what your attorney is doing or what the other insurance company is offering or whether nine you’re going to take an offer or would you going to do with the money from the settlement are any of the above. So there is some benefit to actually resolving the case. Your mind will be able to resort to your old way of thinking which is not thinking about a car accident case. That does have some value. It especially has value if you have already healed because this will be the last scar that needs to go away.

Another thing most people don’t consider about taking a car accident case to trial is that all the details may become public. Your friends, family, strangers, and enemies will all know exactly what happened and how much money you got. To some people that is completely irrelevant. To some people that is a frightening idea. To most people it is somewhere in between. Now, unless you are in a very small town most people never know the there was a trial, but you are involved in a trial, and that you one a good bit of money. Most people do not read the legal journals to see who’s doing what in the legal community and what are the most recent verdicts. Therefore, privacy is generally not an issue and a motorcycle accident or trucking accident case. However, as a Georgia wrongful death lawyer, I understand having the world know the amount of money that you received may be frightening. If it is a substantial amount or if it is a against a high-profile defendant, then the likelihood of others knowing about your settlement is quite high.

Another detail that is important to understand about the decision where the weather to settle or to litigate a car accident case, is the attorney’s fee. Most attorneys including yours truly, works on a contingency basis which is one third of the total settlement. However if the case goes to trial, then obviously the attorneys fees will be higher. In that case most attorneys instead of charging 33% will charge 40% if not 50%. That means that right off the bat you have to do marginally better at trial than you would at the settlement for you as the client to even break even pass a decision not this except the offer from the insurance company.

This was Joseph P McClelland with another Georgia legal article for your viewing pleasure. Hope you enjoyed it and if you are in need of a George accident attorney, and contact my office today at 770-775-0938. Thank you.

Today’s article is about policy limits and settling a personal injury case for the policy limit.  The take away from this article is twofold.  The first part is about the limitations with regards to certain settlements.  This is important because even if you have a significant injury, there might not be enough insurance proceeds to properly compensate you for your damages.

The second part that we will discuss is about the sad times when the insurance policy cannot provide complete compensation for the amount of injuries that occurred because of the driver’s negligence.  So now let’s turn into a case that your favorite Atlanta personal injury attorney handled and received the full policy limits for the clients personal injuries.

Another policy limit settlement for the Atlanta Lawyer.  This case has caused me mixed feelings, but I will explain.  By the way, the settlements or verdicts discussed on this site are never very recent settlements.  I never use actual clients names or any particular fact that reveal in anyway their identity.  Their lives are private, and with those clients we worked very hard to get them back to their normal lives or as close to it as possible.  Now, back the topic at hand which is a policy limit case that was settled at The McClelland Law Firm.

She was had to miss weeks of work.  She had suffered from daily migraine headaches for several weeks, attended physical therapy, and had to receive several injections into her back to help reduce the pain.  Ms. Parton has suffered a severe back injury and neck injury before this accident which made matters worse.  She was even sent home with her own transcutaneous electrical nerve stimulation unit.  She was also instructed to wear a back brace for a few weeks.  She is still being prescribed and taking Hyrocodone for the pain for a couple of months.  Liability in this collision was clear because the other driver was charged with following too closely and a DUI less safe charge.  The police report indicates that the speed of the collision was in excess of 50 miles per hour and  my client’s vehicle was declared a total loss.

The client’s overall bills were paid at around two thousand dollars, so the client received a substantial amount of money.  We were able to dramatically reduce the amount of medical bills the the client was required to pay.

The reason why I am not super happy with the result is because of several reasons.  The first is the pre-existing injuries.  Not a problem in my book.  If you told someone that I hurt my knee, they would not really respond dramatically.  But, if you then said, that is the same knee I had surgery on.  That same person would show more concern because it must fragile.  That is easy stuff, but an obstacle all the same.  The second was the drunk driver.  He blew under the limit, but that is not the issue.  It was just the fact that it existed because of the availability of punitive damages.  There is one downside about trying a case and getting more than the actual damages to the client, and that is time.  If the client was to settle and take the offer, I can only advise and let them choose.  That was the situation with this old case.  I have thought about it since and incorporated the lessons learned.  Now, this blog is for fun so I don’t reveal any of the strategies I use to settle or try cases, so how I incorporated those lessons is for clients only.  If you are another personal injury lawyer, I will be happy to discuss cases with you or assist you, as well.

The McClelland Injury Law Firm represents plaintiffs in trucking accidents, motorcycle wrecks, car accidents, tractor trailer accidents, wrongful death cases in Atlanta, Marietta, Duluth, Norcross, Decatur, McDonough, Griffin, Jackson, Monticello, Macon, Forsyth, Barnesville, Midtown Atlanta and all of Georgia.

For more information on Settlements in Georgia, see our post on settlement tip number two and our first tip on increasing the value of personal injury cases.  Thank you for taking the time to read this article on policy limits settlements in personal injury cases.

This is an article about car accident mediation in Georgia from the Georgia Car Accident Lawyer.  Think of a friendly, helpful judge that just wants to wrap things up and go home.  However, that judge really wants you to feel like you made the decision to meet in the middle or at an acceptable position.  Mediators, usually retired judges or accident attorneys, have seen auto accident cases like ours before.  They probably litigated some.  They have a good understanding of the issues of causation and damages, personalities, attorneys, the county where the case is held, and much more.

The purpose of mediation to present an opportunity for everyone to come together and give it one more shot at settling the case before going to court.  It is much more difficult to take unreasonable positions when third parties are involved.

Car Accident Mediation in Georgia 

Mediation of an injury claim starts off with a discussion of the rules.  The main rules are that mediation is confidential and non-binding.  So, if  we are not at an acceptable settlement number, then we just don’t settle.  We keep moving towards trial, but being open to negotiations settle even after mediation.  Some extremely difficult cases are solved at mediation, and some shortly thereafter.  It is always worth a good faith effort.  If you need a vehicle injury lawyer or a tractor trailer accident attorney for car accident mediation in Georgia, call us today at 404-381-8584.

More About Car Accident Mediation 

Mediation is a serious matter.  When you go to mediation, you are putting yourself in a position to settle your case.  That means that the lawsuit will be over.  That is a good thing.  Some days of mediation last just a couple of hours.  Other times at a car accident mediation in Georgia, you will spend the entire day there.  You will be hungry to leave and to eat.  It is important to be patient during these times.  Settling a case requires taking the time and getting the compensation due to the client.  Once mediation is over, there is no need to worry about your Georgia personal injury demand letters or Georgia accident reports.  The case is over and you can go home.  This also means that if you have the need for future medical expenses, you are on your own.  Make sure to account for all expenses.  Your accident attorneys will or should know what to do.

We represent Atlanta, Marietta, Decatur, McDonough, Griffin, Jackson, Macon, and clients from around Georgia.  If you need Georgia car accident law firm or Atlanta personal injury attorneys for your car accident mediation, then call us today.

So, who was at fault in a Georgia car accident?  That is the key question Georgia car accident law firms will decide.  If it was you were to blame for the whole thing, then you don’t have a case.  You could probably call a Georgia lawyer and just find out.  Then, get on with your life.  If you are not completely sure, then definitely call a car accident lawyer in Georgia to help determine who is at fault.

The other driver in the collision must be at fault

Although, you might have contributed to the crash in someway, the other person must be at fault.  In the case of a auto accident Georgia, the other driver is usually given a Georgia driving citation.  The citation might be for following too closely, causing an accident, leaving the scene of an injury accident, drunk driving, reckless driving or other reasons.  However, the other driver does not need to have received a citation.  A good Georgia Car Accident Lawyer knows, the rules of the road in Georgia are the minimum requirements.  Negligence cases require the standard of what a reasonable person in the same circumstances would have done.

How to Tell Who is At Fault for the Car Accident?

In many Georgia auto injury cases, the liability or who is at fault is straightforward.  You are at a stop sign, and someone slams into the back of your car.  The classic rear-end collision case.  Perhaps, you are waiting at the red light and get hit.  The liability here is clear, and the insurance company is not going to fight the issues of liability.  Well, they might not fight it as hard.  Let your Georgia Accident Lawyers know all of the facts of you case.

Another easier liability case or a case where it is simple to see who is at fault is when you are hit head-on by another driver in your lane.  The proof is there.  You can determine such accidents at the accident scene or with the use of an accident reconstruction specialist.

Another typical, easier liability cases are when the driver is T-boned or hit from the side by another car.  Atlanta law firms know that to be hit from such an extreme angle will almost itself determine who is at-fault or liable for the car wreck.  For this type of motor vehicle accident, someone was completely negligent driving their car.  Discuss this with a Georgia car accident lawyer.

Causation in Georgia Auto Injury Cases

Put simply, the injury must flow from the negligent act.  So, if you were feeling fine, got in your car, got hit by another driver, and now you back hurts for the first time in your life.  That is easy.  You can draw a straight line from car wreck and your injury.  Insurance companies love causation issues.  They raise them.  ”Oh, she waited to long to get surgery…it was probably her arthrisis!”  Or, “wasn’t he in another wreck…those bills are not for us.  Call the other insurance company.”

Insurance companies are not doctors.  Attorneys are not doctors.  Doctors are doctors.  Only doctors can truly diagnose certain causation issues, but many times they cannot.  As a Georgia Auto Accident Lawyer I can advise you in these situations where it is difficult to see who is at fault.

Hello, everyone from the Georgia car accident lawyer.  I just wanted to say a few words after the Easter Holiday.  I hope everyone had a safe and happy holiday.  Please check out our new personal injury landing page for Stockbridge Personal Injury Lawyer.  I will be updating the page as I go along making it more and more informative about car accidents and personal injury law in Stockbridge, Georgia.  If you have been a victim in car accident and have suffered injuries and medical bills, then you should contact my office today for a free consultation.  We work on contingency, so if you don’t get paid, then we don’t get paid.  I hope you enjoy the site for the Stockbridge Personal Injury Lawyer for Car Accidents.  Thank you.