Often times clients ask us if it is safe to assume that there is automobile insurance if a personal injury case goes to trial. The answer is “YES”. If your personal injury case goes to trial before a jury, there is a 99.9% chance that your lawyer has found that there is insurance to cover your claim.
In a personal injury case, after the lawyer has exhausted all means of settlement discussions and/or mediation with the Defendant, your case may need to be taken to trial.
In Georgia, a personal injury automobile claim starts with your lawyer requesting that the insurance company provide the insurance coverage limits available for the claim to the injured party’s attorney. Insurance companies are required to provide the available insurance policy limits for a negligent action of their insured, pursuant to O.C.G.A. § 33-3-28.
Typically, injured parties must first complete medical treatment. After the treatment is completed, your attorney will request copies of all of your medical records and medical bills. After your medical bills and records have been obtained, your attorney will write a demand letter to the Defendant’s insurance company requesting compensation for your medical bills, lost wages and pain and suffering. Insurance companies have a tendency to reject the amount demanded in the lawyer’s initial demand letter. If your demand is rejected by the insurance company, your lawyer may recommend filing a lawsuit to force the insurance company to pay the policy limits to resolve your claim. After your lawsuit is filed, the Defendant must be served with a copy of the complaint and summons from the clerk of court. The Defendant will contact their insurance company, and an insurance company attorney will be assigned to the case. The Defendant’s attorney will file an answer to the complaint within 30 days or the Defendant will be in default. After the Defendant answers the complaint, six months of discovery begins, which will include written discovery questions and depositions. Any time after the suit is filed, mediation can take place.
Once the case is in mediation, the negotiation of compensation takes place in front of a mediator that will assist the parties in determining a fair amount of money that the insurance company should pay the injured party to settle the claim. Occasionally, mediation does not work out when both parties can not come to an agreement, and the case will need to have a trial before a jury. Most personal injury claims are settled when the insurance companies agree to the relief that the Plaintiff is seeking, but sometimes going to trial is necessary when the request for damages is not met by the insurance company. If the case goes to trial, it is safe to assume that the Defendant has insurance to cover the claim or the case would not be going to trial.
If you have been injured in an automobile accident, Attorney John Adkins is the Auto Accident Lawyer in Atlanta that can help you obtain the compensation that you deserve. Please give us a call for a free consultation!
Getting into a motor vehicle collision or car accident is a frightening and terrifying experience, especially on Atlanta’s roads and freeways. That is why it is important to know your rights and make sure you take the correct steps to ensure that you protect yourself, your family, and your claim against the insurance company. The following are some short and easy to remember tips from Adkins Law Firm that can guide you through an unfortunate experience, such as a motor vehicle wreck. Adkins Law Firm is your Atlanta Car Accident Lawyer!
It’s okay to report the accident to the authorities. It is important that you call the police immediately after an accident, especially if there are injured persons or if you are injured. The police and paramedics need to get there as soon as possible so the earlier that you call them then the earlier they will get there. When the police arrive, tell them your side of the story of the events that took place, and try to make sure that your version of the events are reflected in the police report or that the police officer writes down your statement. By giving your side of the events and making sure that the correct facts are in the police report, it will help ensure that the police report is written up accurately, which will reduce potential harm to you and your case.
It’s okay to call the insurance company and report your property damage. Don’t be afraid to call your insurance company and file a claim for your property damage. If your car is damaged beyond repair, or if it is damaged but repairable then you should still file a claim, so that you can begin the process of replacing or repairing your car. Your bodily injuries should also be reported to the insurance company, but you should speak with your personal injury attorney, John Adkins and his team, before you discuss the details of your injuries with the insurance companies. John Adkins is your Auto Accident Attorney in Atlanta.
DO NOT make a recorded statement about your injuries to the insurance company. Whether it is your insurance company or the other party’s insurance company, DO NOT make any recorded statements to them about your bodily injuries. Your insurance company and the other party’s insurance company is not on your side and they want to pay out as little money as possible for any injuries you have sustained. You can discuss the car/property damage with them, but DO NOT discuss your bodily injuries. Tell the insurance company that you have an attorney handling your personal injuries and give them your attorney, John Adkins’ information. He is The Atlanta Car Accident Attorney. The ONLY time you should make a recorded statement is if your Attorney is on the call with you.
Order a Copy of the Police Report 3 to 5 days after the accident because the insurance company will need it to set up your claim. It is very important that you get a copy of the police report for your records. The report is typically available after 3 days, but you should not wait longer than 5 days to get the report. You can go down to the police department and get a copy of the report or you can get it online. www.buycrash.com is a website that allows you to get your police report online for a nominal fee. Once you get this report, you need to read it and make notes on what is accurate and what you believe are inaccuracies on the report. Create a file for all your records and keep the police report in that file. You will need to give the police report to your attorney, John Adkins. John is your Atlanta Car Accident Lawyer.
Write down any witness information at the scene of the accident because they can be important when you are dealing with the insurance company. At the time of the accident, if you are able you need to speak to the witnesses at the scene of the accident. Ask them if you may get their contact information, such as their phone number or email address. Their information will be needed so that your attorney, John Adkins, can contact them and get their account of the events of the scene. This is important because sometimes the police officer will leave witnesses off of the report or the officer will not put the witnesses’ contact information in the report. If there are more than one witnesses, it could be that each witness has a different view of what happened, so you will need to give this information to your attorney, John Adkins, so he can speak with each of the witnesses to get their observations and testimony for your case.
By following these few reminders, you will protect yourself, your family, and your case, so that you can receive the justice and compensation that you deserve. Call attorney John Adkins for help with your motor vehicle wreck case. The Atlanta Car Accident Attorney!
Getting into a car wreck is a traumatizing experience. It is an unexpected event that can be life changing for you and your family. There are 10 very important things that you need to do after a wreck in order to protect you, your family, and the compensation relief that you deserve. Call John Adkins the Atlanta Car Accident Lawyer !
1) Stay at the Scene – The shock and trauma of being in an accident can cause you to not think clearly. However, it is very important that you stay at the scene of the accident and that you do NOT leave the scene. If you do leave the scene of the accident then it could imply guilt as well as result in criminal charges against you. Stay at the scene and wait for the police to arrive.
2) Call 911 and Report the Accident – It is very important that you call 911 and report the accident. Especially if you or the other party are injured. As soon as you can, call 911 and report the accident. If you call 911 first, then you will be able to explain what has happened and the events surrounding the scent better than anyone else can at that time. So call 911 and report the accident.
3) Do Not Say “I’m Sorry” or Apologize – DO NOT say “I’m sorry” or apologize at the scene of the accident. It can be used as an admission of guilt against you. It is very important to make sure that the police officer does not put your apology in their police report as well. So DO NOT apologize or say “I’m Sorry”.
4) Limit your conversation about the accident with the Other Party – After the accident you approach the other party and depending on the accident you both will exchange information such as insurance information. The other party may try to talk with you about what happened and why you did what you did or why they did what they did. It is very important that you do not engage in this type of conversation with the other party. Be polite and exchange information. If the other party tries to talk about what happened, remain silent until the police arrive.
5) Take Pictures and Videos of the Scene – Everyone has a smart phone so it is very important to remember to take pictures and videos of the scene. Try to take pictures and videos of the cars in the accident and the damage to both cars. Video the surround areas such as street intersections and weather conditions. Pictures and video of the surrounding area can be valuable information to your case.
6) If Injured, Don’t Move Around – After the accident, the most common injury is a neck or back injury. This injury can be magnified or even cause permanent damage if you move around after the accident. If you feel like there is significant damage to your neck, back,or any body part then don’t move or get out of your car. Wait for the ambulance and first responders to arrive and check you out first. You may need to be carried out on a stretcher into the ambulance.
7) Go to the Hospital if you have any Injuries – At the time of the accident it is very important to take a moment and do a self-assessment of how your body is feeling. The adrenaline will be rushing through your body after an accident, so it will be difficult to feel certain pain until the adrenaline leaves your body. Take a minute and assess how you are physically feeling. Neck and back injuries will begin to hurt after the adrenaline is gone, so if there are any injuries, let the ambulance take you to the hospital to be checked out immediately.
8) Do Not talk to the other party’s Insurance Company – After the accident, the other party’s insurance company will try to call you and get a statement from you of the events of the accident. They will do this over a recorded line. Do Not talk to them or give any statements to them about the accident. The insurance company is not on your side and they are going to try and ask you questions that imply that you are guilty and responsible for the accident. Do Not speak to them. Tell them John Adkins is your attorney. He is the Auto Accident Attorney in Atlanta !
9) Call Attorney John Adkins – After an accident you need advice and a road map on how to handle this traumatic experience. John Adkins and his legal team have helped thousands of clients in your same situation navigate the legal process and battle the insurance companies. His experience will help you get fairly compensated and reimbursed for the injuries that you suffered. Call John Adkins, and he can give you the advice and representation that you need. He is the Atlanta Car Accident Attorney !
10) Let your Attorney be your Advocate to the Insurance Company – The insurance company is not your advocate or your friend. Even your own insurance company does not have your best interest in mind. The insurance company works for the best interest of the insurance company. Their primary goal is to not pay out any money and then their second goal is to pay out the least amount of money possible. Let your Attorney, John Adkins, be your Advocate and negotiate on your behalf to make sure the insurance companies pay you the compensation that you deserve. Call John Adkins and his legal team, and they can be your Advocates. The Atlanta Car Accident Lawyer !
Car wrecks happen when they are least expected. If it was not your fault, you must act quickly at the scene of the wreck in order to protect (1) Yourself, (2) Your Family, and (3) Your Assets. A car wreck can be a life changing and catastrophic event for you and your family. It can lead to expensive medical bills, physical therapy bills, job and income loss, and permanent disability. The following steps below can save you and your family’s future from a life time of pain and suffering. John Adkins is the Atlanta Car Accident Lawyer!