Alright, in today’s video I want to talk about the number one safety feature that you can either add to your motorcycle for a couple of hundred dollars or you ought to look to get as a standard feature on your next bike purchase.

This safety feature was found by the IIHS to reduce fatal accidents by 37%. It is the number one safety feature, never even thought about it in my mind until I read this article discussing it.

It’s something that we take it such advantage of and don’t even think about in our regular everyday vehicles and quite frankly, it’s something that’s not offered very often on motorcycles. 

Back in the day it wasn’t offered at all, now, it’s starting to be offered more and more but we still see it mainly on the higher end bikes.

But again, it’s something so cheap to just add to your current bike or if you’re out there in the market for a new one, see if they have it as a standard feature or if they’ll add it for you cheaply as part of your purchase.

And that feature, you may have guessed it by now, ABS brakes. 

Of all things, ABS brakes, such a reduction, in first fatal accidents and really severe accidents and they say the reason is because the ABS brakes, naturally, they provide for more stability when you’re having to apply the brakes in emergency style, a lot of bikes, once you do that without ABS brakes you’re going to lose the steering functionality and you’re going to have to lay that bike down.

One of the biggest ways this can help is that the biggest type of accident that we see out there on the roads in Georgia is a car turning in front of you as you’re driving down the road.

They don’t see you, got to lock up that brake, what often times happens is that causes you to flop, it causes you to have to lay the bike down because you can’t control it as you’re slamming on the brake to try to avoid that vehicle that’s cutting in front of you 

ABS brakes, number on feature, go out and get it, get it for your bike now, get it for that new bike, very important.

If you have any questions, concerns about your particular motorcycle issue I might be able to direct you to somebody, maybe I can answer it if it has anything to do with law related things or safety issues, feel free to reach out to me; 770-744-0890, happy to talk to you, you can also get my contact information if I’m out in court or somewhere else.

On my website, there’s a contact form, it will shoot me an email, I can get with you quickly if I’m out on the road, that website is spauldinginjurylaw.com.

Thank you so much for watching this video.

Listen to it on our podcast!

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Real Lawyers Helping Real People

Our friends at Gwinnett Magazine were concerned for people’s safety on the road, so they decided to have a little chat with us:

Legal Advice You Can Trust

 

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In this video, attorney Ted Spaulding reviews why venue is very important in a personal injury case, and why this is an interesting question. He reviews the intricacies of Georgia law and how this relates to your case. 

Why is venue so important to the value of my personal injury case? Keep watching this video to learn the answer to this question.

Hi, I’m Ted Spaulding. I’m an Atlanta personal injury trial lawyer and I’m the founder here at Spaulding Injury Law.

This is a real interesting question. Most people don’t even think of this aspect of their case when they’re trying to value it. This is why lawyers are so important when it comes to valuing your case and whether you should take a settlement offer from an insurance company or if you should file suit or try your case. A lot depends on the venue.

So what is venue? Venue is where your case will be tried, to what jury? Are you going to be trying your case in Fulton County? Are you going to be trying your case in DeKalb County or is it going to be Forsyth County or Cherokee County? Believe it or not, the exact same case with the exact same injuries and plaintiff are going to have two totally different values between trying it in Forsyth County and trying it in, let’s say, DeKalb County. Now, those are two good examples. Why? Because DeKalb County is probably one of your best plaintiff venues you can be in is DeKalb County; Forsyth, one of the more difficult ones to be in. Why? Because Forsyth County, jurors tend to be more defense-oriented, okay, and in DeKalb County, jurors tend to be more plaintiff-friendly, if you will, and agree on the plaintiff side.

Now, we say all this with a grain of salt because every case is different, every set of jurors are different. Those are changing over time. We’ve had several jurisdictions that used to be very big defense venues that weren’t good for plaintiffs that have now, kind of, morphed and switched and went from that to neutral to now, a plaintiff’s venue. So these things change over time. It’s why you want to get a trial lawyer who can tell you because when you’re trying to resolve your case, the one in Forsyth County is going to have a different valuation than the one in DeKalb County. You got to know that. And so very important. So venue, huge issue.

Now, where does venue lie? Venue lies, I would say 99% of the time, where the defendant resides, as long as they’re here in the state of Georgia. So if you have a Georgia defendant, let’s say in a car wreck, it’s going to be where they reside at the time you file suit. So if that’s in Cobb County but the wreck was in Forsyth County, it’s still going to be Cobb County, not Forsyth, not where the wreck occurred but where the defendant resides. Only if they’re an out-of-state defendant do you get to maybe use the venue where the wreck occurred.

Now, in some cases, even another reason that you need to get a lawyer involved, there may be a choice of several venues. And that’s rare but it does happen. And when it does, you better know which one to pick because the value can be extremely different, two to three times different, depending on which of those venues you choose, potentially. So be very careful. So venue, very important to the value of your personal injury case in Georgia.

If you have any questions or concerns about venue, about a case that you have, if you’re looking for an attorney and would like to talk to me about your claim or case, be happy to talk to you. You can comment to this video below, give me your information, I’ll reach out to you. You can also go on our website spauldinginjurylaw.com. We have a form on there, you can fill that out. Or you can call me directly. Two phone numbers for you: 770-744-0890 or 470-695-9950. Thanks for watching this video.

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In this technological age, it is common to regularly post on social media platforms regarding our activities and other aspects of our lives. Profiles on Facebook, Instagram, Twitter, and similar social media sites proudly display photos and status updates of our experiences and opinions.

However, these social media posts can have an adverse effect if you have sustained an injury and are trying to recover for your losses. Courts have realized the potential influence that social media postings can have on personal injury claims and, therefore, regularly allow adverse parties access to social media profiles¹ and allow relevant posts to be presented as evidence² against an injured plaintiff when applicable.

The Defense Will Request Access

Defense lawyers rarely asked for access to the social media accounts of clients 5 years ago. Today, it is a standard request by most defense lawyers in every personal injury case in Georgia.

Real Life Example Of Social Media Hurting A Case

Let me give you a real-life example of why this has become a standard defense tactic and how it can destroy the value of your case. This is not a case our firm handled.

The plaintiff was injured and suffered permanent scarring that she claimed severely altered her enjoyment of life. The case was tried to a metro-Atlanta jury and the plaintiff requested over $1 Million in damages, much of it for pain and suffering and loss of enjoyment of life from her injuries.

The defense used Twitter posts by the plaintiff over the course of a year after the accident depicting her enjoying her life with friends and family. The kicker was that in one post, the plaintiff actually commented that she had gotten use to her scar and even wouldn’t live without it.

The jury returned a verdict for the plaintiff of only a little over $100,000.00 for her case. After the trial, her lawyers said the social media posts killed the value of her case.

We have long recommended to clients that they stop all social media posting until their case is over. However, we find that in this day and age many simply cannot go without posting to social media. Therefore, the following are some general things to think about if you must continue to post to your social media accounts after an injury:

Do Not Post About the Case

It is never wise to post anything related to your case on any type of social media. Specifically, you should not post any of the following:

• Conversations you had with your lawyer
• Information regarding your medical treatment or diagnosis
• Frustrations with the adverse party or insurance company
• Email or phone exchanges with anyone involved in the case

Limit Photos, Posts, and Check-ins in General

It goes without saying that if you are claiming serious limiting injuries, photos of you hiking or playing sports can cause serious doubt regarding the extent of your injuries. However, even seemingly innocuous posts can be used against you.

If you regularly check in at restaurants, parties, or other events with your friends, it can cast doubt on any claims of loss of enjoyment of life, pain and suffering, or emotional distress since you appear to be living life as usual. Additionally, do not allow your friends to tag you in such photos or check-ins as well.

Avoid New Requests for Followers or Friends

In many cases, insurance companies or other parties may have individuals request a connection on social media to get easier access to your photos and information. Do not accept any new requests unless you know the person well.

If you have sustained any type of personal injury and would like to discuss a potential case with an experienced Atlanta personal injury lawyer, please call 770-744-0890 to schedule a free consultation with Spaulding Injury Law today.

1. https://www.americanbar.org/publications/blt/2014/01/02_dibianca.html
   
   
2. https://www.law.cornell.edu/wex/evidence

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In this video, attorney Ted Spaulding explains how he works for his clients as a personal injury lawyer in Georgia. He details how he works to get the best results possible in each case and how he strives to lift the burden off of his clients.

What does a personal injury lawyer do? Continue to watch this video to find out.

Hi, I’m Theodore Spaulding. I am an Atlanta personal injury trial lawyer and the founder of Spaulding Injury Law.

So the answer to this question is not what you typically think a personal injury lawyer does. We all know personal injury lawyers advocate for their injured clients to try to get them just compensation for their damages. They try cases, they settle cases. We all know that. But what a personal injury lawyer really does or really should do, in my opinion, is they are there to learn everything they can about a client’s life, and to be there during a very difficult time.

What I like to tell people is, “Look, I’m half-lawyer and I’m half-psychologist in my cases.” And what I mean by that is yes, I’m out there advocating for my client and their best interest, but what I’m also there for is day-to-day things. You can call me, we can talk about what you’re going through. I’m oftentimes on the phone with clients for an hour or more when they’re having a bad day, and something’s going on. They’ve got issues with, you know, maybe a treating physician telling them something and they got bad news and what should they do now when it comes to treatment, to, you know, personal issues and things like that. If we can become that person for the client because we’re the one that’s there every day fighting for that client, so we’re there to be there for that client, we’re there to answer questions, and just generally to support the client throughout the process.

The biggest part of what a personal injury lawyer does, quite frankly, is to take the burden of running a personal injury claim off of the client so the client can focus on getting treatment and trying to get better. The lawyer takes some of that pressure off so they can focus just on that by dealing with adjusters, obviously lawyers once there’s a lawsuit that has been filed, generally get the client from the very beginning in the darkest days of their injury, to the very end where they’re better or almost better, they’ve got their case resolved, whether that be pre-suit and a settlement, litigating the case and a settlement at some point before trial, or trying that case to a jury to get a verdict.

So that’s what a personal injury lawyer really does, in my opinion. If you’ve got any questions or concerns about your personal injury case or just injury cases in general, please feel free to reach out to me. You can go to our website site. We’ve got forms on there that you can fill out. That’s spauldinginjurylaw.com. Or you can give me a phone call. Two phone numbers for you, 770-744-0890 or 470-695-9950. Be happy to answer any questions that you have, and thank you for watching this video.

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A motorcycle crash is a chaotic event, and it can be difficult to know what to do afterward. In fact, the days and weeks following an accident can be filled with uncertainty and concerns, but it is important to remember that you are not alone. You always have the guidance of experienced Lawrenceville motorcycle accident lawyers when you need it.

One important topic we regularly address with our clients is the importance of receiving the proper medical treatment for their injuries. In the event you sustain injuries in a motorcycle accident, keep the following in mind about your own medical care.

Common Motorcycle Injuries that Need Treatment

Motorcycle accidents are capable of causing extremely serious injuries, many of which require immediate medical attention. Importantly, after an accident, it is always a better idea to err on the side of caution and get checked out. Not only is it important for your physical well-being, but the insurance company is going to want to see that you sought medical attention before making a settlement offer. Some of the more common motorcycle injuries that require medical treatment include:

Traumatic Brain Injuries

Traumatic brain injuries, also known as “TBIs,” often occur after a bump or blow to the head. They can occur even if you are wearing a helmet, so do not make the mistake of assuming that everything is fine because you were wearing protective gear. TBIs can cause a number of serious symptoms and complications, including headaches, memory problems, difficulty concentrating, and trouble communicating. In severe cases, victims may never be able to work or live independently again.

Broken Bones

Broken bones are extremely painful injuries that have the potential to leave you with significant complications if not properly treated. In many instances, broken bones need to be reset and put into a cast for weeks or even months. Signs of broken bones include pain, swelling, a visible misshapen or out-of-place joint, and limited mobility.

Severe Lacerations

Severe lacerations are a common injury in motorcycle accidents, as high-speed contact with the road, other vehicles, or your own bike can easily tear skin and muscle. When lacerations go beyond cuts and scrapes and actually damage the lower layers of skin or tissue, it’s critical that victims seek medical treatment. The treatment for severe lacerations can include stitches, staples, glue, and even surgical procedures. In many cases, even with immediate medical attention, victims are left with permanent scarring that may affect their appearance and self-esteem.

Right after the Accident

Many people are in shock following a motorcycle crash, and it is no surprise they are confused about medical treatment. Someone at the scene should call 911, which should bring first responders to help. Always allow emergency medical technicians to examine you, and if they advise that you need an ambulance ride, heed their advice.

However, even if you do not require emergency transportation, you still might need to head to the emergency room for an evaluation. It is important to do this right away, as waiting can have effects on your health and a future motorcycle accident insurance claim. Getting tests and diagnosis of your injuries allows you to:

• Start treating your injuries as soon as possible, which often leads to a better prognosis and can prevent some complications
• Have records that connect your injuries to your motorcycle crash, which helps to support your insurance claim

Some people might feel sore, stiff, or disoriented and assume it is “normal” after such a traumatic event. They might go home and expect to wake up feeling better when, in reality, those were symptoms of a serious soft tissue injury, concussion, or another injury. It is always better to err on the safe side and have anything out of the ordinary checked out following a crash.

Keeping Up with Your Treatment Plan

While it may be cliche to hear that you should “follow your doctor’s orders,” it’s extremely important to do so after a motorcycle accident for a number of reasons. Of course, first and foremost, following your treatment plan is important to your health. Secondly, following your treatment plan is important to the health of any claim for compensation you pursue.

If you fail to attend physical therapy, fill your prescriptions, engage in physical activity despite your physician’s recommendations, or otherwise disregard your treatment plan, it makes it possible for the insurance company to argue that your injuries could not be as serious as you claim that they are. In addition, accident victims have a duty to take reasonable steps to mitigate damages. If you fail to mitigate damages you could have reasonably avoided, the other side can use it as a defense and it may result in a lower settlement offer or court award.

Future Medical Care

Some injuries require ongoing medical care for years following an accident, or perhaps for the rest of your life. If you are filing a motorcycle accident claim, it is important that you – with your attorney – consider the future treatment you will need. Often, this requires consulting with your doctors or other medical experts who can give their opinion on your future treatment and the estimated costs.

Recovering for Your Medical Expenses

Motorcycle injuries can result in a huge pile of medical bills, and these are often a major part of an injured accident victim’s losses. Your attorney can help determine the full extent of your past and future expenses for medical care and seek compensation to cover these and other losses, including last income and property damage. You should never hesitate to get the care you need out of fear of the cost. Put your physical health and safety first, and allow our legal team to handle your injury claim.

Learn How Lawrenceville Motorcycle Accident Lawyers Can Help

If you are injured in a motorcycle crash, you want Spaulding Injury Law on your side and fighting for your rights. We understand motorcyclists and how they suffer injuries at the fault of others, and we work to obtain maximum compensation for every injured client. Contact us online or call 678-541-8841 for your free case evaluation.

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If you have been injured due to someone else’s negligence, you may have a personal injury claim¹ against that person.

One of the most common questions people with personal injury cases have is how much to ask for in a personal injury settlement. The most honest answer and one personal injury lawyers frequently use and non-lawyers hate to hear is – it depends.

What Factors Affect the Value of Personal Injury Cases in Atlanta?

But it really is true. The value of your personal injury case depends on a number of factors.

Those factors include the facts of your case including how you were injured, the severity of your injuries, your prior medical history, how good of an impression you make on others, your diagnosis and prognosis, the total amount of your medical bills and lost wages, the impact your injuries have had on your quality of life, and who is responsible for your injuries.

All of these factors and many others are relevant to determining which types of compensation you are awarded and how much your case is worth. Ultimately, your personal injury case is worth whatever a jury of your peers in Atlanta decides it is worth.

In Georgia, if you file a personal injury lawsuit against the person(s) or company responsible for your injuries, you have a right to present that case to a 12-member jury who will decide whether the other person(s) or company is, in fact, responsible for causing your injuries. If so, the jury will decide how much and what types of damages they should have to pay you to compensate you for the damage they caused.

How Does A Jury Decide How Much Monetary Compensation to Award Personal Injury Victims?

The jury that will decide these issues is a jury in the county where the person(s) or company that caused your injuries lives or has their primary office. That may be a completely different county from the one you live in or even the one where the injuries occurred.

The values and views of the citizens who will be summoned for jury duty in that county when your case is called for trial may be very different from those in your county or in other neighboring counties.

If you presented the exact same case to juries in ten different counties across Georgia, you would likely get ten completely different results that could vary by tens of thousands if not hundreds of thousands of dollars.

Because it is impossible to know in advance exactly what a jury will do, no attorney and no insurance adjuster can tell you exactly how much to expect from a settlement or verdict. Instead, attorneys and insurance companies make educated estimates of what your case is likely worth based on the strength of the evidence in your case, on their past experience, and on verdict data from similar cases that have previously been tried in that county.

That information typically guides both sides in negotiations for personal injury settlements. The more evidence that has been developed in your case, the better your attorney is able to provide you with an educated estimate of the likely value of your case.

If the evidence is strongly in your favor that can increase the value of your case compared to a case where the evidence is weak or could go either way. The stronger the evidence is in your favor the more likely it is that a jury would award you a significant verdict and vice versa.

What Information Do You Need to Recover Monetary Damages in Personal Injury Claims?

If your medical records make clear that your injuries could only have been caused by the other person or company you are suing, that can increase the value of your case compared to a case where the doctors are less certain about what caused your injuries or where you had a similar previous injury.

If your medical bills are very high or you are dealing with a permanent injury or disability, that too can increase the value of your case because a jury is likely to return a higher number when they hear that information.

In other words, the more information your personal injury lawyer and the insurance company have about your accident and case, the more accurately they can predict how a jury would likely value your compensation.

Though personal injury attorneys and insurance companies will often disagree on value even with substantial information available, one of the reasons both sides have the incentive to settle a case without letting a jury decide its value is a settlement eliminates the risk a jury could decide the case is worth substantially more or substantially less than the sides have estimated.

How Can A Personal Injury Attorney in Atlanta Help With Injury Claims?

The information and evidence necessary to provide an educated estimate of the value of a personal injury case develop at different times in different cases.

In certain cases, the attorney may know enough to provide a solid estimate within days or weeks of the injuries occurring while in other cases it may take months or well over a year before enough is known about the severity of the injuries and treatment prognosis to provide a reasonable value estimation.

The dollar amount of your medical bills and lost wages is usually the foundation of the value of your case.

Thus, while you are still treating for the injuries suffered, it can be difficult and risky to try to value your case for settlement because you may still have significant medical expenses in the future which would increase the value of your case.

This is why insurance companies are often eager to settle your case early because the more medical expense you incur, the more expensive your case can become to them down the road.

Armed with this information, you should be very wary of any attorney or insurance representative who tries to tell you the exact value of your case during the first phone call.

Without having all of the necessary evidence and making sure enough time has passed to ensure your injuries have been fully diagnosed and properly treated, any attorney or insurance representative attempting to value your personal injury case could be seriously undervaluing it and costing you money.

¹A “personal injury claim” just means you have a valid legal basis for filing a lawsuit against a person or company based on the facts of your injury.

Personal injury claims are often first asserted as pre-lawsuit demands to see if the person at fault (or in most cases their insurance company) will agree to pay a settlement to avoid a lawsuit becoming necessary. Personal injury claims can also be asserted as a lawsuit against the person(s) or companies responsible for your injuries.

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The question our wrongful death attorneys hear most often from clients at the beginning of their case is who pays my medical expenses while my case is pending. I often then hear that the client told the hospital just to bill the at-fault party directly.

Unfortunately, the at-fault party will not, and even more importantly, is not required to pay your medical bills until you are ready to resolve the case once and for all. Therefore, in order to pursue your claim, you need to seek and have your treatment paid for by you until your case is resolved.

How long does it take to settle wrongful death claims in Atlanta? The answer to this question varies. That being the case, what are you supposed to do until you recover wrongful death damages? Whatever you do, you need to get the proper treatment immediately and there are several ways you can do it without paying directly out of pocket.

Paying Expenses After A Wrongful Death With Health Insurance

If you have health insurance, have it pay for your medical costs. Using your health insurance does mean you will have to pay your co-pay and deductible however, in the end if you can afford to make those payments, it is worth it to use your health insurance to cover all injury related treatment. You will likely have to reimburse the insurance company for a portion of the benefits it provides on your behalf out of your settlement or verdict but that is much better than going without needed treatment. In this scenario, your health insurance will not pay the full cost of the treatment as it will have a contract with the provider reducing the cost of the treatment.

For instance, a procedure that costs $1,000.00 will likely only cost the health insurance company $300.00. It is much better to have to reimburse the health insurance company $300 at the end of your case then pay $1,000.00 directly out of your pocket to the treatment needed. The good news is our wrongful death attorneys have been very successful negotiating reimbursement of medical benefits with clients’ health insurance company so little to nothing is needed out of your settlement or verdict to reimburse them.

Find Doctors in Atlanta Who Will Treat You On A Lien

If you do not have health insurance, the next best option is to find a doctor who will treat you on a lien or our wrongful death attorneys can get you in touch with several companies we work with that will cover your expenses on a lien (they will pay the doctor and wait to be paid by you out of the settlement or verdict). Again, the benefit here is you get the treatment you need now without having to pay anything out of pocket.

However, the difference from health insurance is that the full amount will come out of your wrongful death settlements.  This is why this is never the best way to handle a wrongful death claim if you have health insurance.

Using Medical Payment Coverage or Med Pay in Wrongful Death Cases

This type of coverage is most typically available in car accident cases. It is a separate line item of coverage some at-fault parties and even your own auto insurance may provide to you to cover medical expenses up to the limit of the coverage. The problem here is that most folks only have $1,000.00 of med pay coverage.

The lucky few have $10,000.00 or even $25,000.00, but even if you are lucky enough to have a lot of med pay coverage it often will not cover all of your medical costs, so you are left trying number 1 or 2, above, or seeking other sources to help you with your bills. This is still a very good option and should be used in conjunction with one of the other options above.

Our Atlanta wrongful death lawyers will work with you from the beginning of our representation of you to get you set up with the most appropriate medical provider for your injuries and under one or more of the above options so your medical bills are covered while you worry about getting better. We guide clients through every step of the wrongful death lawsuit and work tirelessly to ensure they are fully compensated. Contact our wrongful death attorneys today to learn more.

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Societies without laws are also societies without rights. For all of its flaws, the justice system here in the U.S. actively tries – and admittedly occasionally fails – to arrive at justice for the victims of crime and the victims of negligence. Civil courts are where those injured by someone else’s negligence may pursue injury claims and seek compensation.

If you are injured by someone else’s carelessness in the state of Georgia – in a traffic accident or by some other type of negligence – have an experienced Atlanta personal injury attorney explain your legal rights and options.

What is a Personal Injury Case in Atlanta?

Unlike criminal cases, personal injury cases do not result in criminal penalties. Defendants instead are found liable or not liable, rather than guilty or not guilty, of negligence.

In personal injury cases, injury victims (called “plaintiffs”) seek compensation from defendants by proving that defendants were negligent in a way that caused an injury or injuries – that is, by proving a defendant was liable.

A personal injury case seeks to answer two questions: Was a defendant responsible for an injury or injuries? If so, precisely what are the damages?

If a plaintiff in a personal injury case in Georgia can prove both liability and damages, that plaintiff is entitled to full compensation for pending and future medical expenses, lost wages, lost future earning capacity, and any other injury-related losses and damages.

Below are several of the frequently asked questions – and some general answers – about personal injury claims and personal injury damages. However, because every case is different, you should seek a personal injury attorney’s advice regarding any specific injury claim.

What Are the First Steps in Personal Injury Claims in Atlanta?

When an accident happens and you’re injured, you need to act immediately to protect yourself. There will not be a personal injury claim lawyer to advise you at the scene of an accident.

Whether it’s a traffic crash, a slip-and-fall at a supermarket, an injury caused by a defective appliance, a dog bite incident, or any other accident scenario caused by someone else’s negligence, think clearly and take the following steps. Your future could depend on it.

If you’ve been injured – or if anyone else has – summon medical help first and at once. Even if you don’t “feel” like you’ve been hurt, have a medical checkup right away, within 24 hours if possible.

Sometimes accident victims sustain latent injuries – particularly brain injuries – that cannot be detected and do not emerge as serious medical conditions until days or weeks later. At some point, you may need the medical documentation that a medical exam provides.

At any accident scene, take pictures and try to get the names and contact information of any eyewitnesses. After a traffic crash, summon the police and make sure that you’ll be able to obtain a copy of their accident report.

You’ll also need to trade names, addresses, phone numbers, and insurance information with the other driver. Confirm as quickly as you can that the information you’ve been given is accurate.

If you are injured at work, make sure that your injury is reported to your manager or supervisor. Your employer probably has a standard reporting procedure that should be followed. If you are injured on private property, report your injury to the owners or the manager at once.

In the Metro Atlanta area, after you’ve been examined by a healthcare professional, if you’re not certain how to proceed from there, arrange to speak with an experienced Atlanta personal injury attorney.

How to Negotiate a Personal Injury Settlement With an Insurance Claims Adjuster

Notify your automobile insurance company about any traffic accident in Atlanta, and if the other driver was at fault, notify that driver’s auto insurance company that you may be filing a claim against it.

Other kinds of accidents may involve homeowner’s insurance or commercial liability policies. At any point after an accident of any kind with injuries, you can obtain advice from an experienced Atlanta personal injury attorney.

A thorough investigation of your accident and injury is imperative for establishing causation, negligence, and liability. Let our experienced injury claim lawyers help you compile the evidence that you’ll need to file an insurance claim and receive the personal injury compensation you need.

If you’ve been injured, don’t negotiate with an insurance company by yourself. That may be fine, for example, if you’ve suffered only vehicle or property damage, but your health and your future are too important.

The average settlement for personal injury cases varies depending on a number of factors. But, it’s important to know that an insurance company is likely to offer you an injury claim settlement that is substantially less than the amount that your claim is actually worth.

Moreover, if you sign any insurance documents before consulting a personal injury attorney, it’s possible that you could sign away your right to file a lawsuit in the future.

That’s a huge mistake, especially if you’ve suffered injuries that have not fully healed or may involve extended medical complications.

For these reasons, it is strongly recommended that you do not file a personal injury claim without a lawyer. Before you settle any injury claim, consult your attorney so you fully understand the extent of the damages.

What is the Statute of Limitations on Personal Injury Cases in Atlanta?

There are many different types of personal injury cases, but they all share the same statute of limitations. In the state of Georgia, the statute of limitations for personal injury lawsuits is two years. But if you are injured, don’t wait two years.

The wisest move is to put a good personal injury attorney on your case from the start. That’s important because evidence in these cases deteriorates over time and sometimes even disappears.

The memories of witnesses fade, and over time, witnesses can move and become difficult to locate. If the defendant in your case is the State of Georgia or a local government or government agency, you must act even sooner, and the government or government agency must be notified within twelve months that you intend to take legal action.

Personal Injury Settlements Vs. Personal Injury Lawsuits

Most personal injury cases in Georgia never become courtroom trials. About ninety percent of these cases are resolved by the attorneys for each side through out-of-court negotiations. But, if the insurance company is unwilling to make a fair settlement offer, an attorney can take your case to court.

Nevertheless, if you have been injured by another person’s negligence in the state of Georgia, you’ll need a seasoned personal injury attorney who is both a top negotiator and a skilled trial lawyer.

If your claim prevails, you will be paid “damages” after the negotiations or trial. Damages reimburse injured accident victims for current and future medical expenses for current and future lost wages, physical pain, and emotional suffering, and for all other losses related to your accident and injury.

The specific amount of the damages a victim receives will depend on the nature and extent of the victim’s injury or injuries.

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The State of Georgia has strict laws against driving under the influence (DUI) of alcohol due to the extreme safety risks of drunk driving. While you might hear about drunk drivers injuring others, you might not imagine that this type of accident could happen to you. However, if you are hit by a drunk driver, you should know what to expect, and you should not wait to seek help from the Atlanta car accident lawyers at Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer right away.

How Impaired Driving Crashes Happen

In a recent year, police officers in Georgia arrested more than 23,500 people for driving under the influence. Unfortunately, police cannot catch every drunk driver before they cause crashes, and impaired driving was cited as the cause of thousands of injuries and 375 deaths in Georgia in 2018. These crashes accounted for nearly 25 percent of fatal car accidents in our state that year.

Drunk driving is a major safety issue because alcohol impairment can cause drivers to crash in many different ways. The following are some ways that impaired driving accidents happen:

1. The drunk driver misjudges the distance between them and another vehicle
2. The driver cannot stay in their own lane and might swerve into another lane and hit another car
3. A driver might turn the wrong way on a highway or one-way street, resulting in a head-on collision
4. Impaired judgment might lead a driver to speed excessively and crash
5. The driver might not notice a vehicle stopped or slowing down in front of them and might rear-end the car

These are only some of the many ways that drunk driving can lead to a serious collision that injures others.

At the Scene of the Crash

Sometimes, it can be obvious that the driver who hit your car is intoxicated. They might stumble out of the car or slur their words, leading you to believe they have been drinking. In this situation, it is important not to confront the driver or show your anger at them, as intoxicated people can be aggressive and might cause you additional harm.

Instead, make sure to call 911 so that emergency responders arrive as soon as possible. Emergency medical technicians can check out your physical condition and advise whether you need emergency transportation. In addition, police officers should report to the scene, especially if you relayed your suspicions of drunk driving to 911 dispatch.

Part of an officer’s job following a crash is to determine whether one or more drivers violated the law in some way, and this certainly includes driving under the influence. If an officer believes that the driver might be intoxicated, they can perform breathalyzer or field sobriety tests. If they have probable cause to believe the driver is in violation of the law, they will likely place the drunk driver under arrest, which might help your injury claim down the road.

Getting Medical Treatment

If EMTs recommend an ambulance ride, it is wise to listen to the professionals. Even if they do not take you in an ambulance, however, it might be necessary for you to head to the emergency room as soon as you are finished at the accident scene. Some injuries might not need emergency transportation, but getting a timely diagnosis is still important.

Having a doctor diagnose your injuries right away after a drunk driving crash has two main benefits:

1. Making sure that you receive the necessary treatment to minimize complications and stabilize your condition
2. Creating a record of your injuries that connects them to the accident, which can help a future injury claim

You might feel stiff or sore but might be unsure whether this is “normal” or due to injuries. Always err on the safe side and get a medical evaluation, as injuries like concussions or soft tissue injuries can be difficult for you to identify without professional testing.

Once you have a treatment plan from medical professionals, make sure that you follow it, as failing to do so can jeopardize your claim. If you miss appointments or forego certain recommended treatment, the insurance company will likely argue that your injuries are less serious than you state they are.

Proving Your Injury Claim

In many cases, drunk drivers who get arrested will then face criminal charges, and they might be convicted of DUI. You can obtain the police report and other court records to use this conviction to prove the driver was automatically negligent, and you would not need additional evidence of negligence. Even if a driver is not convicted, however, the right attorney can use other evidence to prove impaired driving and liability. A conviction of DUI can help the insurance claim or lawsuit process move along faster in many situations.

What Happens if the Drunk Driver Fled the Scene?

It is all too common for drunk drivers to flee the scene of an accident to try to avoid being arrested and charged with DUI. This can be an even more stressful situation for accident victims, though you have options.

First, always report the accident immediately and provide the police with any information you have about the vehicle, driver description, license plate, and other identifying factors. Witnesses who saw the crash might also have valuable information that helps the police find the driver.

Even if the driver is not located, you still might have sources of financial recovery if you have uninsured motorist (UM) insurance. If you need to file a UM claim, you still want legal assistance, even though the claim is with your own insurance company. Even your own insurer can use tactics to limit claims, and you want to make sure you obtain compensation that covers the full value of your claim.

Learn More About How Our Atlanta Car Accident Lawyers Can Help

After a drunk driving crash, you want to have the Atlanta car accident lawyers of Spaulding Injury Law on your side. We provide aggressive representation for our clients, so please call (770) 744-0890 or contact us online for your free consultation.

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