COVID-19 Update: How We are Serving and Protecting Our Clients.

Articles Posted in Uncategorized

michael-longmire-lhltMGdohc8-unsplash-300x216After a serious car accident–one that involves damage to your car and the other person’s car, not to mention physical injuries–you’re in a precarious position. Between rental cars, medical bills, and lost wages, finances can quickly become a big problem. Insurance companies understand the situation you’re in, and they generally have no hesitation in using that to their advantage. 

It’s certainly not fair, but it’s the reality for victims of car accidents who need compensation. Being prepared for various stunts occasionally attempted by auto insurance companies can help you prepare for the upcoming process and protect your claim. 

  1. Offering a lowball figure to make the claim go away. 

joe-caione-qO-PIF84Vxg-unsplash-300x200Despite the enormous popularity of dogs—nearly two-thirds of Americans live in a household with one or more domesticated canines—these animals are still capable of inflicting serious injuries. And, unfortunately, dog bites are more common than many people think, as 800,000 people receive medical attention for dog bites each year in the U.S. In addition to bites, dogs can sometimes bump into people and cause falls, which often result in injuries. If you are wondering about the process in Georgia for recovering money after a dog bite or attack, please keep reading to gain some important information.  

Three Elements to Prove

Victims of a dog bite or attack in Georgia have to satisfy all three elements of the state’s dog bite statute in order to collect damages. Victims, or a victim’s family, must show that: 

insurance-1991214_1280-300x211
In exchange for being a licensed driver in Georgia, you agree to certain obligations. One of these is to carry a minimum amount of auto liability insurance. Like the majority of states, Georgia is an at-fault state when it comes to paying out after a car accident or covered loss. This means that the driver responsible for the accident is responsible for paying the expenses arising from the collisions. 

Georgia law requires drivers to carry: 

  • $25,000 of bodily injury liability per person and $50,000 of bodily injury liability insurance per crash. This means that your insurance will pay up to $50,000 of expenses for bodily injury if multiple people are injured or killed in an accident. 

jesus-rodriguez-NcWNzEAD7Fs-unsplash-300x200
Although fewer teens are actually getting their driver’s licenses these days, a majority of 16- and 17-year-olds are still on the road. This age cohort is responsible for a larger percentage of car accidents than other groups as well, due to inexperience and the proliferation of smartphone applications that lead to distracted driving temptations. As a result, many people injured in car accidents are put in awkward situations when a minor is the at-fault driver and they are forced to file a lawsuit against the driver. What happens then?

Georgia Has Parental Responsibility Laws

The Georgia Code places liability on the parents or guardians of a minor who commits a tort against another person. A car accident that results in injury typically qualifies as a tort, which is the violation of a private legal right (other than breach of contract). 

RFC-300x200
The person who suffers physical harm in a personal injury case is not the only one who suffers. Someone has to pick up the slack around the house when it comes to chores. Someone else’s day-to-day life is upended when he or she has to shuttle to doctor’s appointments constantly. So, is there a way for loved ones of personal injury victims to recover damages, too? Yes, there is, and it’s referred to as “loss of consortium.”

“Consortium” is a Latin word that translates to “having a partner.” This can manifest in so many ways — through loss of intimacy, physical affection, and friendship, to name three.  Loss of consortium, however, encompasses much more than physical intimacy. Not having someone around to do yard work, prepare meals, or perform those menial tasks can quickly add up to stress for the healthy spouse. That’s another important note: only spouses are eligible for loss of consortium damages in Georgia. Unmarried partners may not access this legal avenue. Additionally, spouses must request loss of consortium damages within four years of the other spouse’s injury.

Loss of Consortium Damages are Difficult to Calculate

pexels-karolina-grabowska-4506214-300x200
If you’ve ever scrolled through network TV in the middle of a weekday, you’ve probably come across one or many commercials for personal injury law firms. One of the phrases these advertisements throw around are “pain and suffering.” This isn’t just a snappy expression designed to get your attention; in Georgia, pain and suffering is actually a legal item of damages. In other words, you might be awarded money to compensate you for your pain and suffering after a serious personal injury. 

Economic vs. Non-Economic Damages

After you submit a personal injury claim or file a lawsuit, the other party will begin determining a proper payout (assuming it is determined that you deserve compensation in the first place). The first order of business is calculating your economic damages. These are expenses that have a particular dollar amount attached to them. Common economic damages are lost wages, doctor bills, pharmacy bills, and general medical costs. 

accident-3714897_1280-300x201
Between the push for citizens of the world to be more environmentally conscious and the limited options for recreation during the COVID-19 pandemic, cycling has almost never been more popular. Drivers of cars and trucks must pay extra close attention now to more bicycle riders than usual. After all, bicycles are considered vehicles in most contexts of Georgia law, so drivers are responsible for sharing the road with cyclists—and vice versa. 

Of course, an accident between a car and bicycle is completely different than an accident between two cars. Cyclists have much less infrastructural protection, for one, meaning that injuries sustained on a bicycle that collided with a car have a good chance of being catastrophic. As a result, many drivers who hit cyclists panic and quickly drive away from the scene. 

Uninsured/Underinsured Motorist Coverage

dan-gold-kARZuSYMfrA-unsplash-300x169
Gone are the days of standing perilously close to a busy city street and hailing a yellow taxi to take you to some other location uptown or downtown. Now, you can “hail” a cab from the comfort of your own home and convenience of your smartphone. The two most popular applications for ride-sharing services are Uber and Lyft, and each app handles millions of transactions each day. 

With so much traffic (vehicular and digital) flowing through these apps, auto accidents associated with the apps are bound to happen. In a typical fender-bender, the at-fault driver typically has to pay up through his or her insurance carrier—usually a fairly straightforward process. What happens, though, when a driver for one of these ride-sharing companies (classified as an independent contractor) is involved in a serious car wreck? The fallout is fairly complicated, but we lay out below what you should expect. 

What Happens if you are Injured by a Ride-Sharing Driver?

accident-994005_1920-300x225
Through all the pain, turmoil, stress, and financial distress you go through after suffering a serious personal injury due to someone else’s negligence, you would think that getting compensation for your troubles is easy. Unfortunately, this isn’t always the case. Defendants in personal injury cases will try anything (within reason) to either avoid paying you, the plaintiff, or, at the very least, decrease the amount they have to pay you. This blog will cover four common ways defendants may contest their liability in a personal injury case. 

  1. You didn’t take actions to mitigate the damage to your health and wellbeing. The defendant, more or less, admits that their negligence or actions caused harm to you. However, this defense is activated when the defendant claims that you didn’t take reasonable actions to mitigate, or lessen, your injuries. For instance, you might encounter this defense if you waited a day or two to get medical attention after a serious car accident. 
  2. You assumed the risks involved (assumption of risk). To successfully use this defense in a personal injury case, the defendant must convince the judge or jury of three things: 

Health-14-300x209
Most car accidents result in either minor injuries or no injuries at all to the drivers and passengers involved. This information is useless to individuals who, unfortunately, are involved in serious crashes that require urgent medical care. Even worse, more than 100 people in the U.S. die every day due to negligence on the road. 

If everything goes as it should after an accident, the insurance company of the at-fault party will pay out the amount that victims (or their families) are entitled to. Sometimes, though, if the insurance company isn’t being fair, litigation may be necessary. If you have to pursue justice in court, you need to be aware of the types of damages (compensation) you may receive. 

Economic Damages

Awards
American Association for Justice Badge
Georgia Trend Legal Elite Badge
State Bar of Georgia Badge
Georgia Trial Lawyers Association Badge
ABOTA Badge
LCA Badge
Top 50 Women attorneys in Georgia Badge
Super Lawyers Badge
Civil Justice Badge
International Society of Barristers Badge
Top 25 National Women Trial Lawyers Badge
Contact Information