Personal Injury: Do I Need a Attorney for my Car Accident Claim?

What is a personal injury case?

A personal injury case refers to a process that permits an individual who suffers physical, emotional or economic harm to seek financial compensation for their injuries or loss, when permitted by law.

The injury can be caused by unintentional conduct, which is referred to as "negligence", or intentional conduct. In simple terms, negligence is the failure to exercise a certain degree of care that is required to minimize injury or harm to anyone who is owed such a duty.

Generally speaking, a personal injury case can be resolved through negotiation and settlement of the matter, or litigation. Examples of common personal injury cases in Georgia include auto accidents, motorcycle accidents, semi-trailer truck accidents, worker's compensation claims, construction accidents and other work-related injuries, medical malpractice, wrongful death and other forms of general negligence.

The types of damages recoverable depend on the specific case, but can include reimbursement of medical bills and lost wages, and compensation for pain and suffering, punitive damages, property damage, alienation of affection, and permanent partial or total disability. It is important to keep in mind that time deadlines apply to all legal matters, so it is best to contact an attorney as soon as possible.

What is my case worth?

First of all, insurance company studies have shown that people who are injured generally recover significantly more money if they are represented by counsel, than if they try to handle their case themselves. That is why insurance adjusters try to convince people not to call a trial lawyer.

If you become a client of one of the Personal Injury Attorney or Law Firm, they will be very concerned about you personally. It is important to the personal injury lawyer that you get the medical treatment that you need.

One of our biggest responsibilities of course of Injury Attorney is to do what they are hired for, and that is to help you maximize the value of your claim - which involves, among other things, presenting the facts of your case in a strong and persuasive manner.

How Much Can I Claim?

There is no magic number or formula as to what a claim is worth that will apply in every situation. Each claim is unique and the actual value of the case depends on many factors. Some of the many factors we consider include length of treatment, personal hardships, pain and suffering, lost wages, the amount of your medical bills and length of treatment.

Other factors will include:

1. the strength of the evidence and the proof of liability, 
2. causation and damages; 
3. any unique circumstances of a case such as those that show a conduct is particularly egregious (which could result in additional compensation for punitive damages),
4.  the likability of witnesses and the parties to the case if the claim were to go a a jury; 
5. the Georgia statutes and caselaw and any government regulations that apply to a particular matter, and 
6. the interpretation of the law based on the specific facts of your case.

These are only some of the factors involved in arriving at the figure that your claim is actually worth. Our trained attorneys will help you to evaluate your case based on years of experience. Once you are done treating with all of your doctors, your experienced Georgia personal injury attorney will sit down and work with you to arrive at a figure to demand from the insurance company. We will usually demand much more than we think your claim is worth.

What is a good Personal Injury Lawyer?

A good Personal Injury Lawyer will never settle your claim for any amount that you do not agree to. They should or will keep you informed of each and every offer every step of the way. Again the job of your personal injury attorney is to maximize the value of your claim.

Do I need a personal injury attorney?

If you have been injured in an auto accident in the State of Georgia, all it takes is one misstatement, one missed deadline, or one legal or strategic mistake and your entire car accident claim could be lost or significantly reduced in value. Your finances and your future could be altered in a moment due to simple errors commonly made by those unfamiliar with Georgia personal injury law.

Why a friendly insurance agent is not enough?

We have all seen the commercials depicting a friendly insurance agent coming out to assist you following an accident. Unfortunately, no matter how nice and accommodating the insurance adjuster seems, is he or she ever really completely on your side?

Remember, the insurance adjuster works for the insurance company and operates with the goal of denying or minimizing claims. This is not hard to do when the accident victim is not aware of their legal rights. Simply answering the insurance adjuster's seemingly innocuous question of “how are you?” by saying “fine” could significantly harm your case.

Here is why you need a personal injury lawyer

In light of the above, your case and your future could depend upon the assistance of an experienced personal injury attorney. A qualified and compassionate car accident lawyer at a Law Firm whose only job is to protect YOUR rights can work with you, one on one, to

• uncover all possible sources of insurance, and
• take all steps necessary to help increase your likelihood of receiving full compensation, 
• including gathering and preserving vital evidence, 
• taking the steps necessary to comply with all deadlines and notice requirements, 
• analyzing applicable case and statutory law, 
• assessing your damages, and 
• determining the fair value of your claim.

With a skilled auto accident attorney by your side, you can rest assured that you are on the road to getting the compensation you deserve. Look for a Personal Injury Attorney in your city that have a good track record and have fought hard to protect the rights of accident victims as part of their goal to be the best personal injury law firm.

How long does it take to receive my settlement?

No two cases are exactly alike. An experience personal injury attorney is concerned about your health first. The most important thing is for you to get the medical care you need so that you can hopefully recover from your injuries. Once you are done treating with all of your physicians including any prescribed physical therapy and you are feeling better, your lawyer will request all of your bills and records.


Once all of your bills and records are received, your personal injury lawyer will meticulously review all the information in your file including how your life has been altered or changed since the injuries occurred. Then, your experienced lawyer will sit down with you and talk with you about the value of your case.

Your lawyer will tell you what he or she thinks your case is worth and send a demand to the insurance company. Your lawyer will make you aware of any offers and give his or her opinion at each juncture about what you should do in response to each particular offer that is made. The average case will settle within three weeks to a few months after the insurance company receives your lawyer's settlement demand, if your case can be settled.

The decision of whether or not to accept a settlement offer is yours to make. About one in 10 cases require litigation. This means that the insurance company draws a line in the sand and decides to fight your case, and/or that the insurance companies' offer is unreasonable/not accepted. Fighting the insurance company for you is what our lawyers are trained to do.

To file or not to file a law suit

Your lawyer may advise you to file suit, but the decision to do so is yours to make. Once suit is filed, a settlement agreement could be made at any time up to and including an actual trial in a court of law. If a trial is ultimately necessary, your case could take up to two years or more to resolve. That is so because it often takes a year or more to schedule a case on a court calendar in the county where the suit is filed.

If the value of your case is $15,000 or below in Georgia, your case can be brought in a local magistrate court and a trial in front of a judge but not a jury can often occur within a matter of weeks after the lawsuit is filed. In some instances, an insurance company may decide to appeal a result in a magistrate court to a higher court.

If that happens, even a case filed in magistrate court might take two or more years to resolve. If your case is not settled prior to an actual trial in a higher court, a trial in front of a jury may occur. Most experienced Atlanta, Georgia personal injury lawyers are trained to move your case forward at every juncture so that your case can be resolved as quickly and as efficiently as possible.