Georgia Car Accident Lawyer
If you or a loved one is a car accident victim, there are several worries that can be overwhelming. For example, how will medical bills be paid? How do you pay your normal bills while you are out of work? How will property damage be paid for? What if I don’t have rental car coverage? Why do I have to pay for medical expenses when this accident wasn’t my fault? How do I make sure that I get the compensation that I deserve after this accident? Your auto accident lawyer must be prepared to help you put together a plan to address these real-world problems. The answers may not be what you want to hear or an “easy fix”, but an honest auto accident lawyer should be able to help you navigate through these problems while working to get you the recovery you deserve.
For many people, these questions ultimately lead them to look for a car accident attorney. Unfortunately, many people believe that all lawyers are the same and that the result that they will obtain from the case will be the same regardless of the lawyer they choose. That could not be further from the truth.
Choosing a Georgia car accident lawyer can be difficult.
How a Georgia car accident lawyer at The Sessions Law Firm can help you and your family
These are the basic tasks that we work to perform in each of our car accident cases:
- a free consultation / free case evaluation;
- responsiveness to your call;
- knowledge about the basics of the personal injury case process;
- knowledge about how to handle your medical bills;
- the law firm will obtain the police report for your auto accident claim;
- knowledge about how to handle insurance reimbursement problems;
- investigating the car crash, including a visit to and documentation of the car accident scene;
- preserving evidence that may increase the value of your claim by preserving evidence of distracted driving (cellphone usage), impaired driving (drunk driver), etc.;
- these factors which bring “heat” to the case and punitive damage exposure for the defendant and their insurance company can help in getting fair compensation quicker and maximizing the compensation you receive;
- obtaining insurance policy information;
- knowledge about how to establish claims with the relevant insurance company or companies if you were hurt in an auto accident or premises liability incident;
- promptly communicate with the at-fault driver’s insurance company to determine the amount of insurance coverage available from the company and whether comparative negligence is a contention in the case;
- communicate with the insurance adjuster for the at-fault driver so that a statement is not given that may hurt the value of your claim or your ability to obtain fair compensation;
- knowledge about how to establish uninsured/under-insured motorist claims if you were hurt in a car wreck;
- if the statute of limitations is closing approaching, the lawyer has the capacity to quickly and efficiently prepare the case and to file a lawsuit on your behalf;
- if the case involves the State of Georgia or a local political unit (for example, a car accident with a sheriff’s deputy), the lawyer must understand the significance of and the importance of an ante litem notice;
- how to get you the treatment that you need;
- advocate for you to get the highest level treatment possible, including referrals to orthopedic specialists to care for broken bones, neurosurgeons and orthopedist to care for spinal cord and thoracic injuries, traumatic brain injury specialists to assist in deal with brain injuries, etc.;
- all settlement offers are communicated quickly and in writing to you;
- the case should be handled on a contingency fee basis – no fee should be charged to you unless a recovery is obtained on your behalf.
Serious injuries and wrongful deaths caused by car accidents require serious lawyers and a serious law firm. As you can see above, car accident cases and establishing the car accident claim involves numerous pieces, and a lawyer that does not know how to competently handle a piece can cost you real money. Frequently, large personal injury law firms are populated by inexperienced lawyers that are cutting their teeth in the firm. When you call seeking legal advice about your personal injury claim, you want to know that the lawyer within the law office you are speaking with has experience in dealing with your problem and they are not looking to a more experienced lawyer to address each of your problems. If you or a loved one have been seriously injured in a car accident you’re seeking a fair amount of compensation for injuries, you cannot and should not leave your future in the hands of a lawyer that is just trying to learn how to handle car accidents. You need an experienced personal injury lawyer.
In order to obtain maximum compensation for your car accident claim, you need to receive the appropriate medical attention as quickly and consistently as possible, and your legal team needs to prepared to assist you in gaining access to the necessary medical care. Often times insurers and their assigned physicians delay in making referrals to specialists that can help our clients get better quicker. It is the responsibility of your personal injury lawyer to advocate on your behalf to assist you in gaining access to the appropriate medical care if an insurer is not helping you. Determining the extent of your injuries as quickly as possible is a critical early step in your car accident case. An experienced auto accident attorney understands that the value of your case centers around knowing the facts of your car accident (establishing the fault of the negligent driver for the accident) and the how the accident impacted your physical and mental wellbeing.
Proven Georgia Car Accident Lawyer for Serious Car Accidents
The Sessions Law Firm has a proven record of providing exceptional results to people injured in a car wreck and treating them with the compassion and care they deserve. Your car accident lawyer at The Sessions Law Firm will work hard to know our client’s case and our clients as well as possible. We understand how dramatically an injury can affect you and your family. Our commitment to our clients has been recognized through numerous accolades including:
- Selection to Top 100 – Georgia’s Super Lawyers® – 2021
- Selection to Top 100 – Georgia’s Super Lawyers® – 2020
- Selection to Top 100 – Georgia’s Super Lawyers® – 2019
- Selection to Georgia’s Super Lawyers® – 2019
- Inclusion in Georgia Trend’s Legal Elite
- Selection to Georgia’s Super Lawyers® – 2018
- Selection to Georgia’s Super Lawyers® – 2017
- Selection to Georgia’s Super Lawyers® – 2016
- Selection to Georgia’s Super Lawyers® – 2015
- AVVO – Superb (10.0) Rating
If you have been injured in a car accident, contact us today for a free consultation.
How big of a problem are car accidents in Georgia?
Most people believe that our roadways are getting safer. Due to technological advances, many people believe that people are less likely to be seriously injured in car accident. At least in Georgia, since 2010, there has been a steady increase in the rate of serious injuries in car accidents.
What are the common causes of motor vehicle accidents?
Visit our common causes of car accidents page to learn more about the types of accidents and their causes.
The Insurance Company Has Accepted Fault, So Do You Need a Lawyer (And Why Haven’t You Been Paid Yet)?
It is a surprise to many people that insurance companies accept liability/fault but they still refuse to compensate them. It is probably going to come as a surprise to you as well that most of the time the insurer fights more over how much to pay an injured than they do over whether to pay a person. Frequently, they just do not believe that you were hurt or injured
Do I need to hire a Georgia car accident lawyer?
Anyone who has been injured in a car accident quickly realizes that there are numerous “parts” of the case, and there are several different people/organizations that must be communicated with after an accident. If you have been severely injured in a car accident, the last thing that you need to worry over is dealing with an insurance company or companies in an effort to start the process of obtaining the recovery that you deserve. For that reason, most people need to hire a car accident lawyer to help with the establishment of their claim with insurers in a timely manner.
One of the most common problems that I see whenever people are trying to handle their personal injury case on their own is that they’ll be talking to the other party’s insurance company. They’ll realize that, Hey, this is pretty straight forward. I’ve got pretty significant injuries and damages and the other party’s insurance company is just going to pay the limits of the insurance policy to them. Unfortunately, a lot of people are unaware of the limits of their uninsured or under-insured motorist policy. And by virtue of just signing the documents of the other party’s insurance company sends to them getting their money from them, they probably have given up their ability to pursue what’s called an uninsured or under-insured motorist policy claim. That’s a really big mistake. That’s a policy that you have paid for that someone in your household that you’re related to has paid for, that you otherwise would have been able to make a claim and probably gotten some recovery out of that.
There’s hardly a claim in my office in which we recover the limits of the at-fault party’s policy, that we’re not actually able to get some sort of recovery from the uninsured or under-insured motorist policy. So be really aware of that as you’re talking to the, at fault party’s insurance company, if you’re trying to do this on your own and know that you must get a limited liability release and that it must have appropriate language in it, that allows, for example, things like subrogation against the at fault driver. Um, if you’re going to recover under that policy, hope you all are doing well. If you have any questions, feel free to call me. My name is Ben sessions. Hope you all are doing well and staying safe. Thank you.
Do I really need a lawyer to help me with this case? And that is a very logical question to ask. And you’ve been rear-ended by another person, that person clearly at fault, why is it that you just can’t deal directly with their insurance company to settle the case? And honestly, there are some cases in which I really can’t bring any value to it. Let’s say for example, that you had minimal medical expenses, she had less than a thousand dollars. Um, you might have clear, clear fault on behalf of the other person. You might be able to resolve that case and walk away with as much money in your pocket as I possibly could have gotten for you in that case.
And really there’s no reason to have a lawyer involved in it, but let’s say for example, that you’ve got to stay in her case that involves substantially more medical expenses. You have some questionable liability, you have insurance companies, health insurance companies that are involved that are going to seek reimbursement. Let’s say that you’ve got a hospital lien ness placed on, on your case as a result of a treatment that you received at the hospital, following your accident. All those different factors are ones where you can really have, have substantial reasons to have a lawyer involved in the case. And when were, you should have a lawyer actually looking at it and help you get through the process, because there are a lot of moving parts here. You have to establish fault. You have to collect all the medical records and medical bills. You have to establish what your future treatment will look like.
If any, you have to establish whether or not there are health insurers who are entitled to reimbursement or have a right to subrogation, um, arising out of any settlement, proceeds that you have. You might have a hospital lien that needs to be dealt with all those different factors are ones where we can really build some value in your case, really help you get to the number that you should as a result of your injuries here. If you have any questions, feel free to drop them below. I hope you’re doing well. Talk to you soon. Thank you.
How Do I Pay for A Car Accident Lawyer?
First, you absolutely should not be paying out-of-pocket, up-front money to a car accident lawyer.
Second, there is no reason at all for fear over costs keeping you from retaining a lawyer for your car accident injury case.
Every reputable car accident lawyer in Georgia handles car wreck cases on a contingency-fee-basis. That means that any many you pay to the lawyer will come out of the settlement or judgment received in your case. Do not be afraid to call a lawyer because you cannot afford to speak with them. We provide free consultations and you will not owe us a dime unless we obtain a recovery for you.
What Does a Car Accident Lawyer Do?
Your car accident lawyer is basically going to put together the pieces of the puzzle of your case. In every car accident case in Georgia, it is the responsibility of a person seeking payment for their injuries to establish that the other driver was at fault for or caused the accident, and we must establish that the other driver actually damages that we are seeking to pay for. The tasks that your car accident lawyer undertakes in your case may be different than they undertake in another case, and what is extremely time-sensitive in one case may not be time-sensitive (or necessary) in another case. For example, in some cases, who caused the accident may be unquestionable, but in other cases, an accident reconstruction expert may be necessary. It will be the responsibility of your car accident lawyer to make the strategic decision about what is and should be undertaken and how soon.
We Pay Attention to The Details that Make a Real Difference to Our Clients.
If you have suffered a serious injury, you want answers and you want clarity. In addition to having a lawyer that knows how to pursue your claim and protect you, you want a lawyer that will pay attention to the details of your case. For example, negotiating the amount of medical bills that our clients owe can make a huge difference in the actual amount of recovery that our client receives.
A knowledgeable car accident lawyer that will dedicate the time to pursue your claim can make a tremendous difference in the level of worry that you experience after an injury and the recovery that you receive.
We Protect You and Your Family by Taking Care of Your Car Accident Claim.
If you had the time and wished to commit the effort, you could probably make sure that all of the “I”s were dotted and all of the “T”s crossed in your car accident claim on your own. You could probably timely communicate with potential car insurance carriers regarding the pending claim, gather medical records, communicate with insurers regarding the claim, negotiate reimbursement agreements to health care providers and insurers, and possibly settle your claim on your own. Very few people have the time to learn to do all of these tasks on their own, and very few people want to take the chance that they will miss a deadline or enter into an agreement that will place their recovery in jeopardy. We understand the importance of providing prompt and thorough attention to your claim. That is essential to preserving your case and earning the best recovery possible.
Conveying the Effects of Your car Accident on Your Life
A large part of obtaining a fair recovery for you involves effectively conveying the effect of your car accident on your life. One of the largest parts of most car accident cases and personal injury cases, in general, is pain and suffering. Unfortunately, many personal injury lawyers attempt to make pain and suffering a very mechanical number. For example, often times you will hear car accident lawyers say that pain and suffering is calculated as a multiple of your “special damages” which are typically your medical expenses and/or lost wages. Many car accident attorneys mistakenly fix pain and suffering damages at one and a half to three times special damages. Certainly, in some cases, that range of pain and suffering measurement might be fair; however, what if you have exceptional circumstances in your life that greatly increase the amount of pain and suffering damages that you should receive? What if your car accident lawyer was unwilling to break out of the traditional mold in assessing and arguing your damages in your case.
Our car accident attorneys understand that there is no “one size fits all” formula for calculating the damages required to make our clients whole again. At The Sessions Law Firm, we take the time to get to know our clients and their lives, so that we can effectively convey the effects of the car accident upon our client’s life. If you want a car accident attorney in Macon, Georgia, call The Sessions Law Firm.
Frequently Asked Questions and Things You Should Consider After a Car Accident
- Should I talk to an insurer about my car accident?
- Can’t I show the insurance company my medical bills and handle this on my own?
- Can a lapse in medical care affect my car accident case?
- Should I sign any documents provided by an insurer after a car accident?
- What must be done immediately after a car accident?
- How do we prove causation of injuries in a car accident involving multiple vehicles?
- I was hurt, but I am worried about suing someone personally. Why can’t I just sure their insurance company?
- What are punitive damages in a car accident case?
- Can I settle my claims involving one insurance company and still pursue a recovery under another insurance policy after a car accident?
- How will my medical bills be paid after a car accident?
- Should I follow the referral from a medical care provider to a certain lawyer?
- How important are medical expenses in determining my recovery following a car accident?
- What is medical payments coverage and why is it important in my car accident case?
- 5 things you must do after a car accident
How Long Do I Have to File a Lawsuit After a Car Accident?
You have up to two (2) years after a car accident to file a lawsuit to recover for your injuries. O.C.G.A. Ga. § 9-3-33 states:
Except as otherwise provided in this article, actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.
If you would like to recover medical treatment, medical expenses, pain and suffering, future loss of enjoyment, lost wages, and other damages, your claims must be brought within the applicable statute of limitations.
The overwhelming majority of clients that come into my office, um, that have been hurt in an accident won’t their case to be settled as quickly as possible for as much money as possible. Um, and they also frequently believe that almost any lawyer can put together a demand package, negotiate their case and get almost the same result. That might be [inaudible] be the case that sort of lower levels of, uh, cases that are never going to trial. Um, but if you actually have a valuable case and you think that almost any lawyer can put together a demand package and get the same value out of the case as any other, you’re probably really mistaken. Um, what you need to recognize is that there is very real value in having a lawyer that will spend the time, spend the resources that are necessary in order to prepare that case for trial.
By virtue of doing that, what’s you’re going to do is very clear signals that are going to be sent to the other side that we’re serious about this and we’re not going away until we get the value that’s actually deserving on the case. Um, it will make a true difference on your case if we’re having someone who is willing to prepare the case and go the distance if necessary, in order to get value for you. Um, so while you might want to settle the case and almost everyone does, you need to be preparing for the launch longer haul if necessary. And by virtue of doing that preparation, a lot of times you will be able to get the value that you need much earlier on. If you have any questions about your case, feel free to call me.
What Can You Do to Help Your Georgia Car Accident Lawyer Get You the Recovery You Deserve as Quickly as Possible?
Making Sure There Is Insurance Coverage for Your Injuries Caused by A Car Accident
Making sure that there is insurance coverage for your injuries caused by a car accident is an important part of your lawyer’s work in a car accident case. Georgia law has some strict rules regarding an insurer’s ability to defeat insurance coverage for your injuries after a car accident. However, there are some steps that your lawyer can take to protect insurance coverage for your injuries.
(a) No motor vehicle liability insurance policy covering a motor vehicle principally garaged or principally used in this state shall be issued, delivered or issued for delivery, or renewed in this state unless such policy contains provisions or has an endorsement thereto which specifically requires the insured to send his insurer, as soon as practicable after the receipt thereof, a copy of every summons or other process relating to the coverage under the policy and to cooperate otherwise with the insurer in connection with the defense of any action or threatened action covered under the policy.
(b) Noncompliance by the insured with this required provision or endorsement shall constitute a breach of the insurance contract which, if prejudicial to the insurer, shall relieve the insurer of its obligation to defend its insureds under the policy and of any liability to pay any judgment or other sum on behalf of its insureds.
(b.1) In the event the insurer denies coverage and it is determined by declaratory judgment or other civil process that there is in fact coverage, the insurer shall be liable to the insured for legal cost and attorney’s fees as may be awarded by the court.
(c) Subsections (a) and (b) of this Code section shall not operate to deny coverage for failure to send a copy of a summons or other process relating to policy coverage if such documents are sent by a third party to the insurer or to the insurer’s agent by certified mail or statutory overnight delivery within ten days of the filing of such documents with the clerk of the court. If the name of the insurer or the insurer’s agent is unknown, the third party shall have a period of 30 days from the date the insurer or agent becomes known in which to send these required documents. Such documents must be sent to the insurer or agent at least 30 days prior to the entry of any judgment against the insured.
O.C.G.A. § 33-7-15.
Under OCGA § 33–7–15(c), where the insurer has received notice of the pending action not from the insured but from a third person, the insurer has not made out the defense of failure of notice of a pending action. Ga. Farm &c. Ins. Co. v. Martin, 209 Ga.App. 237, 238(1), 433 S.E.2d 315 (1993), rev’d on other grounds, 264 Ga. 347, 444 S.E.2d 739 (1994); see also Mahone v. State Farm &c. Ins. Co., 188 Ga.App. 664, 667(2), 373 S.E.2d 809 (1988).
Where under OCGA § 33–7–15(c), a third party gave notice to the insurer more than 30 days prior to judgment, as in this case, summary judgment as to notice should have been denied, leaving the issue of third-party notice up to a jury. Ga. Farm &c. Ins. Co. v. Martin, supra, 209 Ga.App. at 238, 433 S.E.2d 315 (notice by third party more than 30 days prior to judgment); Chadbrooke Ins. Co. v. Fowler, 206 Ga.App. 778, 779–780, 426 S.E.2d 578 (1992) (plaintiff failed to give notice more than 30 days prior to taking a default judgment); Champion v. Southern Gen. Ins. Co., supra at 132, 401 S.E.2d 36 (no notice prior to default judgment but plaintiff offered to set aside the default judgment, creating a jury question as to prejudice).
Thomas v. Atlanta Cas. Co., 253 Ga. App. 199, 203, 558 S.E.2d 432, 438 (2001).
One of the most frequent concerns that clients express to us is over how their medical bills will be paid after their car accident.
How Will My Medical Bills be Paid After My Car Wreck?
After you have been in an auto accident you may be wondering how your medical expenses will be paid. Far to often, people fall victim of to a trick played by medical providers to overcharge for medical care and then collect their profits from the pain and suffering settlements of their patients. You deserve all the money that has been awarded to you following an automobile accident. No lawyer should allow their client’s settlement to be poached by greedy healthcare providers. Luckily there is a strategy that will save your settlement from being unjustly reduced by medical providers, that strategy is to file your settlement with your health insurance rather than your auto insurance. Far to often, lawyers underutilize the ability to file an auto insurance claim directly to the healthcare insurance company instead of with the auto insurance company. This move can save clients thousands of dollars in the long run. At first glance this move may seem counter intuitive, however, upon further investigation you will realize this can save you thousands of dollars and it will prevent healthcare providers from poaching your settlement.
For example: following your car accident you make your way to a health care provider who states your medical costs are $2,500.00. But, your health insurance believes the work the provider has done is only valued at $1,500.00. This creates a situation in which the healthcare provider would rather wait to file their claim until after your settlement has been finalized in order to collect the $2,500.00 they have been seeking all along. They do this because they know there is insurance money out there, and they would rather poach your settlement after it has been completed for $2,500.00 instead of receiving payment from the health insurance company for the actual value of their work, which was $1,500.00. Having a lawyer who knows how to file your claim with your healthcare provider will save you thousands of dollars and keep your settlement safe from healthcare providers who are looking to make a profit off of your misfortune.
Contact The Sessions Law Firm Today for A Free Consultation Regarding Your Georgia Car Accident Case.
If You Have Been Injured in A Car Wreck, contact us today for a free consultation. Information is power, and we are always more than willing to give away tons of information. We strive to provide the highest level of legal representation and legal service to injury victims throughout Georgia. Whether you are seeking an Atlanta car accident lawyer, Macon car accident lawyer, Milledgeville car wreck attorney, or Columbus auto accident lawyer, we can help. We serve clients throughout the Atlanta area (Fulton County, DeKalb County, Gwinnett County, Cobb County, Marietta, Decatur, Atlanta, Lawrenceville, Snellville, Duluth, Brookhaven, Paulding County, Dallas, etc.), middle Georgia (Macon, Bibb County, Tifton, Tift County, Milledgeville, Baldwin County, Madison, Morgan County, etc.), and south Georgia (Valdosta, Albany, Ashburn, Americus, etc.). Call us to schedule a meeting today, and we are certain that you will walk away feeling a lot more empowered about this unfortunate situation.
Generally, we meet with each of our clients in person before we agree to represent them with regard to their car accident case. In some cases, we can arrange to represent you without an in-person consultation.
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