If you have made a claim with an insurance company and received a settlement offer that is lower than what you need, there are several things you should do, and several things you should not do. A Cumming accident lawyer explains.

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Are you thinking about filing a personal injury claim? A personal injury attorney in Lawrenceville, GA, explains how to go about it.

How Do I File a Personal Injury Claim in Georgia? Answers from a Personal Injury Lawyer in Lawrenceville, GA

Notify the Insurance Company

If you have been injured due to someone else’s negligence, find out which company the person responsible for your injury is insured by. You will need to notify the insurer of your intent to file a claim. You can call and notify them over the phone, fill out a form online through their company website, or mail them a notification in writing. Give basic details of the incident: the date and time, the location, and a short description of what happened. The insurance company will assign a claim number and an insurance adjuster to your case.

Gather Evidence

Collect any evidence showing the extent of your injuries or damages and also proof that the other person was at fault. This could include police reports and witness statements describing what happened as well as photos or videos of the scene of the incident. Provide documentation of your injuries or property damage: photographs, medical records, bills for hospital visits and/or repairing or replacing damaged property.

File an Insurance Claim

Fill out the insurance company’s required claim forms and submit them together with the evidence you collected. Stick to the facts in what you say or write; let the evidence show what happened. Do not admit fault, and do not give your own personal analysis of what happened. Such statements can be misconstrued by insurance adjusters and may be a basis for your claim being rejected.

Filing a Lawsuit

File a Complaint

To initiate a lawsuit, you need to file a complaint with the appropriate Georgia court. This is usually the Superior Court in the county where the injury happened or in the county where the defendant lives. Filing a complaint involves drafting the appropriate legal documents (your lawyer will help with this), pay the filing fees (probably $200 to $250), and serving the defendant (formally notifying them of the complaint you’ve filed).

Discovery and Negotiation

During the discovery process, you and the other person (and your lawyers) will exchange information: documentation, witness depositions, and anything else relevant to the lawsuit. Negotiation may happen at any point during the discovery process, and often does. Most personal injury claims never go to trial, since frequently both parties are interested in reaching a settlement and avoiding the expense and time of a trial.

Trial

A judge or jury will hear the evidence and then decide who was at fault for the injury and what compensation will be awarded. Georgia follows a modified comparative negligence rule in personal injury cases. This means if the court determines that you share some responsibility for the injury, the percent of your fault will determine how much compensation you are awarded. If you were more than 50% at fault, you will not be awarded any compensation.

If you need advice or assistance with filing a personal injury claim, get in touch with Spaulding Injury Law in Lawrenceville, GA. We also serve the Atlanta, Cumming, and Alpharetta areas.

Tags: Legal Insights
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In a personal injury case, you’ll need evidence to prove all the key elements of your claim. A personal injury attorney in Cumming can help you identify what’s needed, gather it, and then use it effectively.

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If you have been out of work due to circumstances beyond your control, you may be able to claim compensation for lost wages. A personal injury lawyer in Cumming, GA, explains.

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Navigating life and maintaining financial stability after a personal injury can be extremely challenging. Fortunately, you have options. In Georgia, you can file a personal injury claim to help you recover compensation for lost wages, medical expenses, and more. Seeking advice from a skilled Lawrenceville personal injury attorney can help you avoid making common mistakes during your claim that could lower your settlement.

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When a drunk driver changes your life in an instant, you deserve justice — not just an apology. At Spaulding Injury Law, our Atlanta drunk driving accident lawyers fight to hold negligent drivers accountable and help you secure full compensation for your injuries, losses, and emotional suffering.

If you or a loved one was injured by an intoxicated driver in the Atlanta area, call Spaulding Injury Law today at 470-380-0144 or contact us online for a free consultation.

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Tags: Car Accidents
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Know Your Rights, How to Stay Safe and What To Do If You Were Affected by Negligent Hotel Security

In recent times, all accross the nation, women are speaking up and warning eachother about frightening and dangerous situations they have suffered due to hotel negligence. Unfortunitley these things have happened in our own back yard too, right here in Atlanta. It’s a frightening, traumatizing, and many women, quickly become filled with fear and uncertainty when hotel security fails to uphold their responsibility to keep you safe.

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Tags: hotel security, negligent securirty
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What Your Insurance Company Doesn’t Want You to Know About Your Claim

If you’ve been injured in an accident in Georgia or the metro-Atlanta area and are now filing a claim with your own insurance company—whether for uninsured/underinsured motorist (UM) coverage or another reason—it’s important to understand how these claims work. Many people mistakenly believe their insurance company is on their side, but that’s not how the process works. Watch the following video and read the following blog post to learn what you need to know to navigate your claim successfully.

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Posted in Alpharetta, Atlanta, Car Accidents, Cumming, Georgia, Gwinnett County, Lawrenceville, Personal Injury, Video | No Comments »

How Personal Injury Claims Are Valued In Georgia: A Comprehensive Guide

If you’ve been injured in an accident and have a personal injury claim, you’re likely wondering how personal injury lawyers determine the value of your case for settlement purposes.

Ted Spaulding Q&A | How Personal Injury Claims Are Valued

This Q&A video by Atlanta based attorney Ted Spaulding and the following blog post will walk you through the process, key factors, and insider tips on how trial lawyers like us approach these claims in Altanta, GA.

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Posted in Alpharetta, Atlanta, Car Accidents, Cumming, FAQs, Georgia, Gwinnett County, Interview, Lawrenceville, Personal Injury, Spaulding Injury Law Service, Truck Accidents, Video | No Comments »

A serious accident can be life-changing, leaving you to deal with long-term consequences. No matter how the accident occurred, if another person was liable, you could be eligible to claim compensation. An experienced accident lawyer in Atlanta, GA can provide advice on the legal options that are appropriate for your circumstances. Below, we outline the different routes that might be discussed.

Claiming on Insurance

Some types of accident are covered by insurance, such as road traffic collisions. This means that making an insurance claim should be your primary route. In many cases, the insurance will cover the full costs without the need for further legal action, but you may need to fight hard to get a fair offer. An accident lawyer can negotiate with insurance companies on your behalf to ensure the payout fully reflects the severity of your injuries and losses.

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Posted in Atlanta, Back Injuries, Brain Injuries, Car Accidents, Construction Accident, Dog Bites, Slip and Fall Accidents, Truck Accidents | No Comments »