The Right Law Firm to Get Personal Injury Maximum Compensation in Atlanta
When you need legal assistance with your vehicle collision claim, look no further than Spaulding Injury Law: Lawrenceville Personal Injury & Car Accident Lawyer. We have achieved successful results for past clients injured in car collisions, including:
Settled a case for $$350,000. Rear-End Wreck.
Settled a case for $50,000. Low-Impact Car Accident Case.
Settled a case for $425,000. Motor vehicle accident, drunk driving.
Our legal team is dedicated to getting fair results for every client we represent, and we never back down from insurance companies. When you work with our firm, you can expect the highest quality of representation, personalized and effective service, and stress-free handling of your vehicle collision injury claim.
Recovery for Homerville widow who lost her husband and was injured herself in a tractor-trailer log truck accident in Ware County. This wrongful death case was challenged by the fact that client was speeding at the time of the wreck and defense was blaming GDOT for improper placement of stop sign warnings on curve in road causing truck driver to run the stop sign. Our Georgia truck accident lawyers took over this case from a prior attorney who thought there was only $1 Million of insurance coverage. Our attorneys were able to quickly find triple the available coverage and work the case to obtain evidence contrary to the defenses narrative that our client was 100% at fault for the wreck. Our lawyers were able to present a compelling case to the defense that resulted in a pre-suit mediation and resolution of the case.
recovery for client involved in a T-bone collision caused by a commercial vehicle after it ran a red light in downtown Atlanta. The wreck occurred when the at fault driver failed to pay attention, running a red light on Metropolitan Parkway at its intersection with Langston Drive. Our client was severely injured having suffered a herniated disc in his lumbar spine requiring surgery. The case was resolved during a pre-trial mediation by our truck accident lawyers.
obtained for client in a car accident on I-285 near Roswell Road in Sandy Springs when the at-fault driver rear-ended client’s vehicle on the interstate causing her to suffer a rotator cuff tear and SLAP tear requiring surgery.
recovery for client in a DUI head on collision case off of Lindbergh Drive in Atlanta. Settlement included $37,880.03 of remaining property damage insurance. Client suffered major injuries and was facing a hospital bill and lien owed of over $500,000.00. The importance of our work on this case was not only were we able to convince the insurance company to pay more than its bodily injury limits by getting creative and demanding the remaining property damage coverage as part of the settlement but we were also able to negotiate the hospital bill and lien down to under 1/5th of the charge to ensure we were able to get a significant amount of the settlement proceeds to our client to help her with all of her needs going forward. Without that effort, our client would have received nothing as the hospital would have taken all of the available insurance proceeds to pay only a portion of what she owed leaving her with over $250,000 still owed to the hospital.
obtained in Savannah, Ga case where client suffered minor injuries when police officer engaged in a dangerous chance of a motorcycle at high speeds in violation of police chase policies and procedures through city streets near Savannah resulting in motorcyclist losing control of bike and launching the motorcycle through the windshield of the stopped vehicle our client was a front seat passenger in, killing her boyfriend who was the driver.
settlement for a Milledgeville, GA family involved in a t-bone car accident when a driver ran a stop sign attempting to turn left in front of our client’s vehicle. One family member suffered severe injuries including a brain injury and broken arm. Our car accident lawyers were able to obtain all available insurance proceeds for our clients’ injuries before having to file a lawsuit while ensuring all of their medical bills were fully paid for.
settlement of a Valdosta, Ga t-bone car accident case in which our client was injured when his vehicle was totaled by a negligent driver who crossed two lanes of traffic in Lowndes County. Our client suffered significant spinal injuries requiring extensive treatment. Our car wreck lawyers were able to obtain the at-fault party’s policy limits of $50,000.00 plus $5,000 in medical payments coverage through our client’s insurance company before having to file suit. We then proceeded to file suit to pursue our client’s UM coverage thru his auto insurance coverage. Our trial lawyers were able to resolve the UM case before trial.
policy limit plus $7,5000 minor settlement for client and her daughter involved in an car accident in Cobb County. The wreck occurred on Dallas Highway at its intersection with Friendship Church Road in Marietta, Ga when the at-fault driver pulled out in front of our client’s vehicle attempting to turn left. Thankfully our client’s daughter suffered only bumps and bruises. Our client however suffered a back injury requiring extensive treatment. Our auto accident attorneys were able to obtain the at-fault party’s policy limits of $100,000.00 for our client pre-lawsuit and we then proceed to file suit to pursue our client’s UM coverage and the potential fo additional coverage thought to be available from the at-fault party.
recovery for client involved in a rear-end collision in the City of South Fulton on Cascade Palmetto Road. Our client was taken to Grady Hospital from the scene. He suffered extensive back injuries requiring several months of treatment to recover from.
policy limit settlement for client involved in Jonesboro car accident. Accident occurred when an uninsured driver attempted to turn left onto Tara Boulevard in Clayton County right in front of our client’s vehicle causing our client to t-bone the driver’s vehicle. Our client sustained serious injuries. Our car accident attorneys immediately got to work to ensure the at-fault driver actually was uninsured at the time of the wreck. After fully investigating coverage, our accident lawyers moved forward to obtain the full amount of our client’s UM auto insurance coverage.
policy limit recovery for client involved in a City of South Fulton three vehicle car accident. The wreck occurred in the intersection of Old National Highway and Surrey Trail when the at-fault driver attempted to turn striking a vehicle and pushing that vehicle into our client’s vehicle. Our Atlanta auto accident attorneys were able to not only recover the fully policy limit of all available insurance but avoid our client having to pay the large hospital bill for his treatment from the scene of the wreck.
pre-trial settlement for client involved in a minor car accident in College Park, Ga. Our client from Marietta, Ga was injured when a vehicle ran a stop sign on Hawthorne Avenue in College Park causing our client to strike the left front bumper of the at-fault vehicle. The wreck was minor and thankfully our client’s injuries were not very severe. Unfortunately, the at-fault insurance company refused to resolve the matter fairly before a lawsuit was filed. Our car accident lawyers filed suit and prepared the case for trial. Facing a trial of the case, the insurance company eventually offered a substantial sum to compensate our client for her medical treatment and pain and suffering.
settlement in a Fayetteville, Ga car accident wherein our client from College Park was injured when a driver turned left on Highway 92 in Fayette County right in front of our client’s vehicle causing a minor t-bone wreck. Our client only suffered minor injuries treating for less then two months. We were able to resolve this matter before having to file a lawsuit.
policy limit settlement of a three car rear-end wreck on I-75 in Cobb County. Our client from McDonough, Ga. was the third vehicle in the collision and suffered minor injuries to his back. The client fully recovered from his injuries and our car accident attorneys were able to resolve his case for the maximum policy limit without the need of filing a lawsuit.
policy limit pre-suit settlement of a DeKalb County car accident case where our client suffered minor back and neck injuries that did not require very much treatment to recover from. The wreck occurred on General Motors Road in Doraville when the at-fault driver turned left in front of our client’s vehicle causing a t-bone collision. Our car accident lawyers were able to quickly get involved and present a compelling case to the insurance company that it would face bad faith penalties if it forced our client to file suit to pursue justice.
policy limit pre-suit settlement of a Conyers bicycle accident. Our client was riding his bicycle on Parker Road at its intersection with Flat Shoal Road in Rockdale County when the at-fault driver made a quick u-turn and struck our client’s bicycle. Our client suffered extensive injuries in the accident our accident lawyers were able to get involved to protect his interests by not only securing the maximum insurance coverage available but ensuring our client’s settlement was protected from medical cost reimbursement.
Our Atlanta personal injury attorneys focus a lot of our time discussing various aspects of cases in order to achieve a favorable outcome for our clients before or at trial. This focus is understandable because without it the injured will not receive a recovery at all or not what they need. In this post, I want to focus on one area of a personal injury claim that clients are almost always unaware of and lawyers usually do not focus on until after a recovery has been received.
The topic is subrogation claims against your recovery by the entity paying your medical bills during the course of your treatment. That’s right. You are not done once you receive a settlement or verdict. You may entity money out of your settlement or verdict for medical expenses paid on your behalf.
What is a Subrogation Claim in a Personal Injury Case in Atlanta?
Suppose you have a health insurance company or government program (think Medicare/Medicaid) paying your medical bills. In that case, you will be notified at some point that the company desires to claim reimbursement of the money it paid for your treatment out of your settlement or verdict in your personal injury claim or case (called a subrogation claim which arises out of the language found in the insurance policy or government program documentation).
Even if you are not put on notice of the potential claim by the entity paying your bills, you and/or your personal injury lawyer has a duty to put the entity on notice by State or Federal law. You will not be able nor should you try to avoid the subrogation issue by simply not telling anyone about your case.
An Important Note About Settling A Subrogation Claim
A note of caution at this point. Subrogation law is very tricky with numerous potential outcomes based on the specific facts of each case and the type of benefit plan at issue. The nuances of the right of subrogation cannot be covered fully in this blog post. Therefore, if you have significant medical bills and therefore a potentially large subrogation claim against you and your recovery, it is always wise to speak to a qualified personal injury lawyer in your area who can help you navigate the legalities of subrogation law and reimbursement.}
That being said, there are a few basic takeaways about subrogation claims that I have learned over the years handling catastrophic injury cases throughout Georgia. The most important takeaway is that these claims are negotiable and therefore you and your personal injury lawyer should always try to reduce the amount you owe out of your settlement or verdict for a subrogation claim.
How to Handle a Subrogation Claim in Atlanta
Why are these claims negotiable? First and foremost because the law in Georgia and the Federal law in certain subrogation claims is very plaintiff friendly. Georgia law allows for an argument against paying a subrogation claim after a car accident or other personal injury called the Made Whole Doctrine. In summary, this doctrine (if it applies in your situation—see disclaimer above about nuances) allows you and your personal injury lawyer to make the argument that your settlement or verdict was not large enough to trigger the entity’s right to reimbursement out of your settlement at all. The Made Whole Doctrine states that the plaintiff first has to be made whole for all of his or her economic and non-economic damages before the entity with the subrogation claim has a right to reimbursement.
Therefore, unless your settlement or verdict fully covers all of your medical expenses (past and future), all lost wages (past and future), any out of pocket expenses due to your injuries, and all of your pain and suffering damages, the subrogation claim does not exist under the Made Whole Doctrine and nothing is paid out of your settlement or verdict. Whether your settlement or verdict has made you whole is a determination to be ultimately made by a judge or jury.
The second reason these claims can and should be negotiated is because if you hired a lawyer to handle your claim/case Georgia and Federal law requires that the subrogation claim be reduced to cover your expenses in having to pay your Georgia lawyer for obtaining your recovery for you. This automatically reduces the full subrogation claim amount before you even make a Made Whole Doctrine argument and applies whether or not the Made Whole Doctrine is applicable in your situation or not.
The third and final reason these claims can and should be negotiated is a practical one. If you and your lawyer were to deny any payment to the subrogation entity, in order to recover, the subrogation entity would have to sue you and have a judge or jury agree that it has a right to subrogation. This is a very expensive endeavor for the company and likely will not occur if the subrogation claim is small to begin with.
Even if the claim is significant, if the Made Whole Doctrine applies, the company knows that suing you and getting a judge or jury to say you were made entirely whole through your settlement or verdict is highly unlikely. This is why subrogation claims should be negotiated for a very reasonable amount. The insurance company and/or government program does not want to spend the time and money pursuing you in court if it can be avoided. However, that is not to say lawsuits have not occurred over the subrogation issue. They have.
Seek Legal Representation For Issues Related to a Subrogation Clause
When you have received a settlement or verdict for your injury claim or case, your and your lawyer’s work is not over. Any subrogation claims need to be dealt with expeditiously by an experienced personal injury attorney. The best result, in our opinion, is to quickly deal with the subrogation after settlement for as little money as possible. Hence, you have closure of all issues involving your personal injury case.
When you become our client at Spaulding Injury Law, you’ll be represented by a thoroughly experienced Atlanta personal injury attorney like Theodore A. Spaulding. For over 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury cases, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
Mr. Spaulding has been named one of the Top 100 trial lawyers in Georgia by the National Trial Lawyers for six successive years.
He is honored as a lifetime member of the Million Dollar Advocates Forum ® by the Top Trial Lawyers in America ®.
Charter Member of the Distinguished Justice Advocates.
Member of the Atlanta Bar Association.
In the aftermath of a serious unexpected injury, you might be staring down piles of medical bills, as well as struggling with your household budget due to missed work and lost income. With financial stress - in addition to the pain and suffering from your injuries - it is only natural that you are anxious to receive compens...
In this video, attorney Ted Spaulding reviews how much time you have to file a claim with an insurance company after an accident in Georgia. He also explains different potential scenarios and what can happen in the long term.
How long do you have to file an insurance company claim after a car wreck? Hi, I'm Ted Spauldi...
I filled out the online request form and received a call within a few minutes. The person that called me was Mr. Spaulding, not a third party representative. We spoke for several minutes and he advised me over the phone without the guarantee I would choose him as my Lawyer. I will recommend them to anyone and everyone I come in contact with needing their services.