How to File A Personal Injury Claim After An Auto Accident In Georgia
What is a Personal Injury Claim?
If you sustained injuries in an auto accident that was caused by someone else then you may have a claim for personal injuries. In order to establish a claim for personal injuries, you must notify the insurance company of the person who caused the accident, along with your insurance company, that an accident resulting in injuries has occurred. In Georgia, you have two years from the date of the collision to resolve any claims you may have. If you are not able to resolve your claims within this two year period, you must file a lawsuit on or before the two year anniversary in order to preserve them. If you fail to resolve your claims or file suit within this two year period, your claims may be legally barred and you may not be able to recover.
Who Pays for my Injuries and Damages?
When it comes to personal injury claims, the insurance company of the person responsible for causing the collision is in the first position to pay out on any claims for personal injuries. However, in Georgia, the minimum required policy limits are only $25,000, which may not be sufficient to cover the full amount of your injuries and damages. In circumstances where the at-fault party is underinsured, or is uninsured and lacks insurance entirely, your uninsured/underinsured motorist coverage, if you have this feature added to your policy, may provide you with coverage. Therefore, if you are injured in an accident and have a liability only insurance policy, you may be at risk of not being able to recover, or fully recover, for your injuries. In order to reach any additional coverage provided by your uninsured/underinsured motorist policy, you must first recover the full amount of insurance available from the at-fault party. And don’t worry, if your insurance company is required to pay out on your recovery, Georgia law prohibits an insurer from raising premiums for payments made on claims where the insured was not at fault.
How a Personal Injury Attorney Handles Your Personal Injury Claim
Personal injury attorneys often prefer cases of clear liability, which means that it is obvious based on the accident report and witness statements, if any, that the other party caused the collision. However, there are circumstances where an attorney can help prove liability in a case where it is contested. An attorney can often help prove liability in circumstances where there may not be an accident report, or where the investigating officer got it wrong. Southside Injury Attorney attorneys have represented numerous clients who were initially found to be responsible for causing a collision, but based on various evidence and testimony were later found to be not at fault and thus, able to recover for their damages and injuries. The following are a few examples of cases where Southside Injury Attorney attorneys were able to prove the initial determination of fault to be inaccurate and the other party negligent:
- After being injured following a collision with a tractor-trailer, a client was initially cited for improperly changing lanes and thus, causing the collision. Southside Injury Attorney attorneys assisted the client in contesting the citation and discovered the existence of dash cam footage. Based on this dash cam footage, the driver of the tractor trailer was cited for improper lane change, charges against the client were dismissed, and the client was ultimately able to recover for his property damage and personal injuries.
- After being injured following a significant rear-end collision, a client was cited for impeding the flow of traffic. After contesting the citation and investigating the matter, a Southside Injury attorney proved that the other party was a habitual reckless driver, that the client’s actions were proper, and that the other party was speeding and driving recklessly, and without a license, and therefore, caused the collision.
- After sustaining life-threatening injuries after colliding with a commercial vehicle and being declared at-fault, it was later determined that the commercial vehicle was operating without proper lightening and reflective material, as required by federal law. It was later determined that the commercial vehicle was negligent per se in
If you were injured in a significant collision and were wrongfully cited or declared at fault, it may be worth it to have a Southside Injury attorney review your case. However, it is important to act quickly as action may be needed to ensure the preservation of evidence and witness testimony needed to prove your case.
Initial Lowball Offers
If you are pursuing a personal injury claim against an insurance company, don’t be alarmed if the initial offer isn’t what you were expecting. Insurance companies are notorious for devaluing the value of personal injury claims based on the amount of property damage to the vehicles, allegations of pre-existing injuries, the presence of degenerative conditions, or what they feel should be the reasonable cost of the medical treatment you received. Southside Injury attorneys know how to present information to the insurance companies in an individualized way that reduces the likelihood of devaluation. While devaluation may occur even with an attorney, knowing how to handle the insurance company following devaluation is key. Southside Injury attorneys have experience negotiating and resolving devalued claims. Not only can a Southside Injury attorney help you prevent and overcome devaluation, they can also provide guidance to help increase the value of your case from the very start.
Let Our Firm Help With Your Personal Injury Claim
Southside Injury attorneys offer a more personal and individualized experience. Southside Injury attorneys are available to their clients from the very start. Unlike with other personal injury firms, from the first time you call or step into our office, you will speak with an actual attorney, not a paralegal or assistant. While paralegals and assistants regularly assist in the handling of each and every case and are a great resource for our clients, we pride ourselves in being personally available. We get to know our clients, develop relationships with them, and offer a personalized approach to the handling of each and every case. In being available to our clients at every stage of the process, we are able to help them avoid the typical pitfalls that lead to devaluation, which increases the value of each and every case. Give us a call today for a free case evaluation.
Call or contact the law office of Southside Injury Attorneys for experienced attorneys that can help when you’ve been injured. We have six convenient locations in McDonough, Stockbridge, Peachtree City, Jackson, Barnesville, and Griffin. We serve clients all over the state as one of Georgia’s most respected law firms.