If you or a loved one has been injured in an accident that was caused due to the fault of a company or person, you have the right to recover money damages for the injuries and the pain and suffering caused by those injuries. At the law firm of Hilley & Frieder, P.C., our Atlanta personal injury lawyers represent clients throughout metropolitan Atlanta and the surrounding areas of Georgia in all types of personal injury claims whether the injury occurred on the road, in a store, a parking lot, a hotel or any other location. Call us today for a free consultation.
After your injury, the insurance company will call you saying that it wants to investigate the claim so you will receive a settlement. The insurance company employee will tell you that the company needs a medical authorization and a recorded statement from you so that it can pay your claim. The short answer for both the insurance company’s requests is “no.”
Do not believe that the insurance employee works for you. The insurance company pays its employees to pay you less than you deserve. An investigation by the insurance employee is to help his company. The insurance company is not concerned with your long-term health and well-being. It is concerned with getting out of your case as cheaply as possible. Before you agree to anything, talk to one of our Atlanta personal injury attorneys first.
A few years ago our office was hired to represent a man who had been struck while he was walking across the street in a crosswalk. The insurance company told him he was not in the crosswalk and instead claimed that he had stepped out into moving traffic. When we reviewed the police report, it showed 2 witnesses listed. One of the listed witnesses claimed that our client had stepped out into the moving traffic. It turned out that the witness was a close friend of the daughter of the driver that struck our client.
When we contacted the other witness, he stated that our client was clearly in the crosswalk and the light was red for the car that hit him. The witness said that when he told the insurance company investigator what had happened the investigator told him he was wrong and hung upon him.
We had to file suit to get the full policy limits from the insurance company. It paid the money when its lawyer heard the testimony of the excluded witness. It is also interesting that the driver that hit our client had cataract surgery 2 weeks after he ran over our client. Left to the insurance company our client would have gotten nothing.
Since 1976, the people of Georgia have turned to us to level the playing field between themselves and insurance companies. Our entire practice is dedicated to helping injury victims obtain the justice they deserve, and you can count on us to pursue every available option in an effort to get you the compensation you deserve.
Our Georgia personal injury lawyers represent clients in all types of serious injury accidents, including ones involving:
We also help survivors who have lost a loved one due to another’s actions. A wrongful death claim can help you recover financially, so you can focus on healing your family emotionally.
To be able to successfully collect compensation in a personal injury lawsuit, you must prove the other party’s negligence. Proving negligence involves supplying evidence to establish four specific elements.
For example, say you are in a car accident with a driver who was speeding at the time of the accident. All drivers owe each other a duty to drive safely and follow all traffic laws, which include the speed limit. By speeding, the other driver breached his or her duty of care.
You can provide your medical records, as well as traffic camera footage and witness testimony, to establish the cause of your injuries. Your Atlanta personal injury attorney can help you determine which damages you may qualify for.
Another negligence factor that can impact your compensation is the presence of a comparative fault. Georgia follows a modified comparative fault rule, which reduces your overall award amount by the percentage of fault you share. If the court finds you share 50% or more of the liability, you will not receive a settlement at all.
For example, say you are in a car accident with a driver who is speeding, but you were texting and driving at the time of the accident. Surveillance footage proves this fact, and the court assigns you 40% of the fault.
If you were seeking $20,000 in damages, you will only receive $12,000 of this settlement. If the court assigns you 50% of the fault, you will receive $0 in compensation.
All civil lawsuits in the state of Georgia are subject to a statute of limitations, which is a deadline that you must file your lawsuit by. The purpose of this rule is to ensure that your evidence does not disappear or suffer damage that would harm your case and that your witnesses’ testimonies remain reliable.
You have two years from the date of your injury to file a personal injury lawsuit in Georgia. If you do not file your claim by this deadline, the court will likely dismiss your claim and you will lose your chances at collecting compensation.
There are some exceptions to this rule, but they are not present in all personal injury cases. For best results, contact an Atlanta accident attorney from Hilley & Frieder, P.C. to determine your filing deadline.
Hilley & Frieder can handle all aspects of you case virtually from interview through conclusion. We are open and available to help you. Please view our complete COVID-19 statement to learn more about the steps we are taking to ensure that your case continues to move smoothly in this environment.