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Frequently Asked Questions

Top Questions

In this section, we have compiled some of our most frequently asked questions

It really depends!

Always keep in mind that the interest of the insurance company you’re dealing with does not always align with yours. Always speak with a personal injury attorney to get an accurate assessment regarding your case and your rights.

Mediation is a on-binding informal proceeding that employs a neutral third-party or “mediator” to assist parties in a legal dispute and their attorneys to attempt to negotiate a settlement. The mediator’s role is to keep the parties communication and exploring settlement options to avoid going to trial. Mediation may be a voluntary process or it may be court-ordered. The mediator has no authority to make any party settle the case. Any settlement must be agreed upon by all parties. Some clients confuse this opportunity to settle as a definite and final step in their personal injury case. Always keep in mind that just because you’re going to medication, it doesn’t mean that your case will be settled right there and then.

Yes! We are obligated to keep your information private in accordance with rules governing confidentiality and privilege.

A duty of confidentiality arises on the part of a lawyer whenever you reveal intimate details about yourself or your circumstances in order to obtain legal advice. The duty prevents the lawyer from sharing your information with anyone else. It obligates the lawyer to keep private nearly everything relating to your case — even information not obtained from you directly.

A separate but related concept is privilege. The attorney-client privilege preserves the secrecy of communications between lawyers and clients. As with the duty of confidentiality, the purpose behind the privilege is to encourage candor. Notably, the privilege stays in effect after the end of the attorney-client relationship. It even survives death.

The value of your claim depends on several factors.

First, is the evidence clear regarding the issue of liability? Was it the defendant’s fault entirely, or did the plaintiff contribute to the happening of the wreck through his own conduct?

Secondly, how serious are the injuries? Was the plaintiff diagnosed with a condition that can be verified from an objective medical standpoint? Objective injury cases tend to be more valuable than cases where the plaintiff has only subjective complaints. With subjective injuries, such as soft tissue injuries, medical experts may disagree significantly as to the “severity” of the condition because the level of pain and suffering may vary considering from person to person.

A third factor is the nature and extent of medical treatment for the injuries in question. For instance, has the claimant been put on a regimen of prescription medications to address pain and inflammation from the injury (and if so, does she experience unpleasant side effects as a result of the medication)? Was the pain so severe the the claimant elected to undergo epidural steroid injections on one or more occasions? Did the claimant undergo back surgery or is such surgery scheduled for the future? Is the procedure in question a mere discectomy or laminectomy (as opposed to a vertbrae fusion, for example, which involves placing hardware inside the body permanently)? Has the claimant been forced too travel to physical therapy sessions on a weekly basis for the past two years following the wreck?

Another factor is the plaintiff’s potential strength as a witness at trial. Does the claimant have a history of filing personal injury lawsuits for similar claims? How did he/she perform as a witness during depositions? Would a jury perceive him/her as credible if the case went to trial?

Finally, another factor is the dollar amount of recent verdicts and/or settlements for similar injury cases in the jurisdiction. Before jumping into the negotiation process with an adversary, attorneys and insurance companies will often consult database containing information on past settlements and verdicts.

A “Letter of Protection” is a tool by which a personal injury attorney enables his client to obtain medical care without having to pay up front for the services rendered. The attorney sends a letter to the medical provider that promises to “protect” or pay the medical provider’s bills out of any money recovered in the case by way of settlement of judgment. Once money is recovered, the attorney then pays the medical provider directly. He may attempt to negotiate a discount before making payment. In the event no recovery is made, the client remains fully responsible for the outstanding medical bill.

Georgia follows the modified comparative negligence rule. Under this doctrine a plaintiff’s recovery is reduced by their percentage of fault for as long as the defendant’s fault is more than 50%.

We work on what’s called a contingency fee agreement. This means that you are only responsible for a percentage depending on whether we’ve had to file a lawsuit (typically 40%) or if your case is getting settled prior to filing a lawsuit (typically 1/3) of the recovery. If we don’t recover anything in your case, you are not responsible for any payments to us. As a matter of fact, we are advancing all the costs of the case and sometimes medical costs towards yours case.

You can most likely bring a wrongful death action on behalf of a deceased family member. However, the specific requirements vary from state to state.

Actions for wrongful death as provided in the O.C.G.A., statute, constitute the principal grounds for actions for wrongful homicide. In general, the O.C.G.A. designates the identity of the victim; the nature of the wrongful act; the type of action authorized; the persons entitled to sue; and the amount of damages recoverable.

O.C.G.A. § 19-7-1(c) generally provides who may recover for the wrongful death of a person. If the decedent was married the surviving spouse is entitled to recover. If there is no surviving spouse then the surviving child(ren) are entitled to recover. Where there is neither a surviving spouse nor surviving children then the parent(s) of the decedent are entitled to recover for wrongful death. However when a negligent spouse causes the death of their spouse the trial court may exercise its equitable powers to allow the parent of the decedent to recover against the surviving spouse for wrongful death in direct contradiction to O.C.G.A. § 19-7-1(c).


In this section, we have compiled some of our most frequently asked questions

The following link will provide very detailed information about this questions. Click Here “It is wrong to assume that maximum neck injury occurs in a high-speed collision; it is the slow or moderate collision that causes maximum hyperextension of the cervical spine. High-speed collisions often break the back of the seat, thus minimizing the force of hyperextension.”

Personal injury cases involve four basic stages: pleadings, discovery, pre-trial motions, and trial.

The first stage of the case is the pleadings state.

The pleadings stage begins with the filing and service of the summons and complaint. The summons provides all named parties with notice of the lawsuit. It tells parties where and when the case will be heard. It also sets out the time limit within which the defendant must respond to the allegations made by the plaintiff. The Complaint provides an outline of the plaintiff’s case against the defendant. It outlines who the plaintiff is suing, why he is suing them, and what he is seeking in terms of damages. Once the summons and complaint are filed, copies must be delivered to all parties to the lawsuit. This is known as service of process.

Once the defendant is served, he typically responds by filing and serving a responsive document called an answer. The answer addresses every allegation made by the plaintiff in the complaint. It may also set forth various defenses to the allegations. These defenses, often referred to as “affirmative defenses”, are legal reasons why the defendant should not be held liable for the plaintiff’s injuries.


The next stage of the case is discovery.

Discovery refers to the pre-trial process where the plaintiff and defendant exchange information they plan to use in support of their claims and defenses at trial. Broadly speaking, discovery in personal injury cases can take one of four forms: (1) interrogatories, (2) request for admission, (3) requests for document production, and (4) depositions.

Interrogatories are written questions intended to extract information from a party about the case. The party’s answers to the interrogatories are provided in a written response given under oath.

Requests for admission are requests for a party to acknowledge or deny certain facts pertaining to the case. They carry with them penalties for not answering, for answering falsely, or even answering late. Requests for admission are generally only used to establish basic facts. Once a party responds, it eliminates she need for any further discovery on that issue.

Requests for production are demands for copies of documents and other items that the plaintiff intends to relay on to support his claims. This may include things such as accident reports, bills, receipts, invoices, inventory reports, business records, or anything else relevant to the case. Requests for production are used extensively in personal injury and medical malpractice cases to obtain copies of the plaintiff’s medical records.

Finally, depositions are in-person question and answer sessions involving attorney for one party and a witness for the other party. The transcript from the session is usually recorded by a  court reporter who is present at the deposition table. Depending on the complexity of the case (as well as other factors such as the attorney’s questioning style, the witness’ temperament, language barriers, etc.), deposition may be very short in duration or take several days to complete. Sometimes the attorneys may agree to conduct the depositions of all parties on the same day, while in other situation the sessions may be broken into parts. Regardless of their particular format, depositions are usually the most important part of the discovery process because of how profoundly they can impact the relative strength of one’s case. For instance, if a personal injury plaintiff presents herself very well during a deposition and comes across as a strong, convincing witness with legitimate bodily injury claims, opposing counsel may be more inclined to settle rather than  proceed to trial. On the other hand, if the deponent’s testimony is riddled with inconsistencies, vagueness, and unclear response, it may be a sign of a weak case.


The final phase of the case is trial.

In a trial, a jury or judge examines the evidence to decide whether the defendant should be held legally responsible for plaintiff’s injuries. The trial provides the plaintiff the opportunity to present his or her case in the hopes of obtaining a judgment against the defendant. A full personal injury trial consists of several phases, including jury selection (voir dire), opening statements, direct and cross-examination of witnesses, closing arguments, jury instructions, jury deliberations, and the verdict.

The majority of personal injury cases are settled long before trial.


As a client, the decision whether to settle is yours and yours alone. Your lawyer is forbidden from accepting a settlement offer without your prior approval. Moreover, your lawyer has a professional and ethical obligation to notify you of all settlement offers the are made in the case.

Every situation is different. Generally speaking, however, cases typically take anywhere from six months to two years before they are resolved. The speed with which cases move through the court system is different in every part of the country. Some jurisdictions are known for relatively fast-moving dockets, while others are bogged down with overloaded judges and case calendars.

The whole purpose of punitive damages is not really compensate you as the plaintiff. But it is to punish the defendant for their egregious behavior. Therefore, it must be something horrible like someone who had crashed into your car when they were drunk.


In this section, we have compiled some of our most frequently asked questions

The first thing to do in the event of an accident is to make sure that anyone who is injured receives the medical care he or she needs. Once it’s clear that everyone has been helped, gather information about the vehicles and drivers involved. Be sure to first get identifying information, such as the license plate number of the other vehicle in case the other driver leaves the scene, turning the accident into a hit-and-run.

If the other driver stays at the scene, as they should, be sure to exchange contact information and insurance information with them.

If there are witnesses, make sure to get their contact information.

Make sure to document the scene of the accident. The best method is to draw a diagram of the accident scene to the best of your ability. This will allow you to easily make note and label the positions of the vehicles, traffic conditions and weather.

Always! The police report will include details about all the parties involved and can be very helpful in resolving your case.

Yes! The crash report is a great tool that can be used to prove your case and your side of the story.

Yes! If you believe you’ve been injured following a car wreck, your best bet is to seek immediate medical help right away! Always err on the side of caution unless you’re absolutely sure you’re okay.

From a litigation perspective, your failure to seek immediate medical attention following your car wreck may end up having a negative impact on a future personal injury case. For one, the initial delay may raise questions of credibility concerning the seriousness of your injuries. How badly could you have been hurt if you didn’t even need to go to the hospital or see a doctor right way? Secondly, the delay may raise questions as to the true cause of your injures. For example, if a period of three months elapsed from the time of the wreck until the time you first sought treatment, a jury might find that it was possible your injuries could have resulted from a different wreck occurring somewhere during the three-month period. Third, the delay might give rise to an inference that took only pursued medical treatment after being persuaded to do so by your lawyer. Finally, the daly may be viewed as a failure to mitigate damages on your part because you could have acted sooner to begin the healing and recovery process for your injuries.


You’ll be surprised to know that there are drivers on the road who do not have the minim required insurance limits. In those unfortunate scenarios, your own uninsured motorist coverage will kick in and provide you with much needed coverage.

Underinsured coverage protects a driver when the negligent driver has insurance but it is not enough to pay for all of the damages caused by the wreck.

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If there is something that we missed, please reach out and a member of our staff will get in touch with you.