If you secure compensation through a personal injury settlement, how and when you get paid depends on certain factors.

It is the insurer claims adjusters and attorneys that will handle your settlement negotiations and payouts, and so if you bypass legal representation, you risk undervaluation of your case.

Once victims sign settlement releases, insurers close cases permanently. No second chances exist to recoup further compensation from the claim. Our experienced Atlanta Personal Injury & Car Accident attorneys have the skills to maximize initial settlement value, accounting for all present and future accident-related damages.

The Process of Getting a Settlement Payout

To receive compensation after an accident, injury victims must file claims against the at-fault party’s insurance provider. For car crashes, either your own collision insurer reimburses damages then subrogates from the negligent driver’s liability insurer, or you directly claim against the at-fault motorist’s policy.

With slip-and-fall incidents on private property, the property owner’s insurance covers injuries if they failed to maintain safe premises. Defective product cases involve claims against manufacturers’ insurance for releasing hazardous items.

Regardless of the accident’s cause, the negligent party’s insurer ultimately provides compensation once the liability investigation is completed. Payout timing depends on claim complexity. Small claims may resolve quickly, while severe damages warrant lengthy review.

Claimants enhance their position by retaining legal representation to demonstrate proof of fault and losses. Insurers initially offer conservative settlements to limit payouts. With attorneys fighting for their full owed compensation, claimants recover greater damages.

Determining How Much Your Case Is Worth

Your attorney will use two types of damages to determine how much settlement you’ll get. The first is economic damages, which represent actual costs from a defendant’s wrongdoing. These expenses can include property damage, lost wages, and medical costs.

The non-economic damages include pain and suffering and are a bit complicated to put a value on. But it’s possible with the right formulas and expertise.

How Your Settlement Will Be Paid Out

• Lump sum or installments – You can take the full settlement upfront or opt for multiple installments over time. Installments provide predictable income.
• Medical liens – Any pending medical bills related to the incident may be directly paid out of the settlement to your healthcare providers.
• Attorney fees – Your lawyer’s contingency fee percentage will be deducted from the total settlement amount.
• Timing – Smaller settlements may disperse quickly. Cases requiring court approval can take months, with installments distributed on a schedule.
• Structured settlements – These involve compensation through an annuity, which provides tax advantages and guaranteed fixed income over many years.
• Location – State laws affect distribution timing and installment payment regulations. Georgia has specific structured settlement procedures.

The personal injury settlement process can take anywhere between a few months to a few years. Often, filing a personal injury lawsuit shows that you mean business and can hasten the process.

Contact Atlanta Personal Injury & Car Accident Lawyer Today

If you or your loved ones have been in an accident, it is important to understand the options for maximizing your settlement value depending on your needs.

Our Atlanta personal injury attorneys at Spaulding Injury Law guide clients through the payment process and ensure your rights are safeguarded. Contact us today to start the claim process.

Posted in Georgia, Personal Injury | Comments Off on How Are Personal Injury Settlements Paid Out?

Getting a tattoo is a popular way for many people to express themselves artistically, but it can also come with serious risks. While tattoo parlors take precautions to keep their clients safe and sanitized, infections can still happen, ranging from mild to life-threatening. Infections can be caused by various factors at a tattoo shop, and sometimes, they can even lead to personal injury lawsuits.

In this blog, we’ll look closer at tattoo infections, their causes and consequences, and your legal options if you’ve suffered harm from a tattoo.

Whether you’re a tattoo enthusiast or considering getting inked for the first time, it’s important to understand the risks involved and how to protect yourself. So, read on to learn everything you need to know about tattoo infections and your legal rights. Contact Spaulding Injury Law: Lawrenceville Personal Injury & Car Accident Lawyer for a free consultation.

The Art of Tattooing: From Preparation to Completion

Tattooing has been a popular form of self-expression for centuries, but the process can be a mystery to those who have never gotten a tattoo. This art form involves injecting dyes and pigments directly under the skin using a tattoo machine that contains small needles that move rapidly up and down, much like a sewing machine.

Before the tattooing process begins, a tattoo technician will thoroughly clean the area and place a temporary tattoo on the skin for the customer’s approval.

Once approved, the tattooing process begins, with the level of discomfort and pain depending on the size and placement of the tattoo. Some tattoos may take only an hour or two to finish, while larger and more complex designs may require several sessions over several days.

Whether you’re a seasoned tattoo enthusiast or considering getting your first tattoo, understanding the process can help you feel more confident and informed about this unique art form.

Understanding the Causes and Types of Tattoo Infections

Tattoo infections are among the most common and potentially dangerous risks associated with getting a tattoo.

People may not know that they can develop different types of infections after getting a tattoo. Some of the most common infections are caused by bacteria such as Staphylococcus, Nontuberculous Mycobacteria, and Streptococcus. However, there are many other bacterial and viral infections that can also develop.

Tattoo infections can result from contaminated ink, unsterilized tools, poor hygiene by the tattoo artist, lack of cleanliness and sterilization in the tattoo parlor, improper aftercare, expired tattoo ink, and the use of DIY tattoo kits. Reusing needles, razors, or other equipment without proper disinfection can also increase the risk of infection.

While most infections are treatable with antibiotics, some infections may be more challenging to treat, such as MRSA, which is resistant to some antibiotics and highly contagious. Infections that enter the bloodstream or internal organs can lead to sepsis, a life-threatening condition resulting in permanent impairments, organ failure, and death.

Tattoo infections can also lead to various health conditions depending on the type of bacterial or viral infection caused by the tattoo. These conditions can range from cellulitis, syphilis, HIV, and herpes to impetigo, viral hepatitis, and viral warts.

Knowing the types and causes of tattoo infections is crucial to prevent and treat potential complications.

Tattoo Infection Warning Signs to Look Out For

Getting a tattoo involves breaking the skin’s protective barrier, making it prone to infection. As such, you need to keep an eye on any changes that occur around the tattooed area.

Here are some warning signs to look out for:

1. Increased pain, redness, and swelling are normal in the first few days following a tattoo, but if they persist or worsen, it could indicate an infection.
2. Heat around the tattoo: If the area feels hot to the touch, it may be a sign of infection.
3. Fever: A persistent fever could indicate an infection; you should seek medical attention immediately.
4. Pus-filled blisters or abscesses: If these are present, seek medical attention.
5. Red streaks around the tattoo: This is a severe sign of infection, and medical attention should be sought immediately.

Infections can happen even after the healing process, so continue to keep an eye on any changes around the tattooed area. If any of the above symptoms present themselves, seek medical attention immediately. Prompt treatment can prevent potentially life-threatening complications and conditions.

Effective Treatments for Tattoo Infections

Getting the right kind of treatment for a tattoo infection is crucial to prevent complications and serious health issues. The right treatment approach depends on the severity of the infection. If an infection is suspected, a doctor may test for methicillin-resistant staphylococcus aureus (MRSA) and staph infections, both potentially life-threatening.

Antibiotics are a common treatment for tattoo infections. They can be administered orally or through an IV, depending on the severity of the infection. The length of treatment can vary from a few days to several months, and frequent follow-up visits may be necessary.

In addition to antibiotics, keeping the affected area clean and dry is essential for proper healing. Topical ointments and dressings may also be recommended to promote healing and prevent further infection. In some cases, hospitalization may be necessary for severe infections.

It is critical to carefully follow your doctor’s instructions for treatment to avoid complications and promote healing. If the infection persists or worsens, seek medical attention immediately.

What You Need to Know About Seeking Legal Recourse for Tattoo Infections

If you suspect that a tattoo parlor is responsible for your infection, legal options are available to you. You will need to evaluate the conditions of the tattoo parlor and review any available health records, including customer complaints and health code violations.

In these cases, you will likely benefit from scheduling a consultation with an experienced personal injury attorney who can investigate the cause of your infection, determine where the fault lies, and help you seek compensation. If the tattoo parlor is found liable for negligence, you may be able to recover damages such as the cost of medical treatment, lost wages, disability, and pain and suffering.

Hiring an attorney to represent you can show the tattoo artist, parlor, and insurance companies that you are serious and committed to pursuing your claim.

If you are suffering from an infection caused by a tattoo, don’t wait any longer to seek legal recourse to protect your rights and receive the compensation you deserve.

General Principles of Negligence in Tattoo Injury Cases

Negligence is a legal concept that applies to many personal injury cases, including tattoo injuries.

To prove negligence in a tattoo injury case, a lawyer must show that the tattoo artist or studio breached a duty owed to the customer, that the breach caused the customer’s injury, and that the injury resulted in damages.

There are three main times when tattoo negligence can occur: before, during, and after the tattoo.

Before the tattoo, the artist should warn the customer of possible side effects and complications and identify any risks the customer may have.

During the tattoo, the artist should take reasonable measures to prevent infection, including disinfecting equipment, sanitizing the tattoo site, and wearing gloves.

After the tattoo, the artist should explain proper aftercare to the customer.

In addition to negligence by the tattoo artist or studio, some tattoo infections and injuries may be the result of defective equipment. In these cases, the injured person may have a product liability claim against the equipment manufacturer or retailer.

It is important to remember that even if the tattoo artist or studio is negligent, the injured person can only recover compensation if they can prove that the negligence caused their injury.

Shifting Blame to the Customer in Tattoo Injury Cases

One of the most effective defenses that tattoo shops and artists can use in a personal injury case is to shift blame for the injuries onto the customer. This strategy can help reduce or even eliminate the shop and artist’s liability under Georgia’s modified comparative negligence law.

Here are a few ways that the shop can shift blame to the customer:

1. Liability waiver: Many shops and artists require customers to sign liability waivers. While these waivers do not always protect them from negligence claims, they can make it more challenging for the injured party’s lawyer to prove the case.
2. Assumption of risk: If the customer undertakes an inherently risky activity, they cannot sue for known and visible risks. For example, if the artist performs a tattoo without gloves, and the customer does not object or ask the artist to wear gloves, they may have assumed the risks that arose.
3. Contributory negligence: If the customer’s actions contributed to the injury, their compensation would be reduced or even eliminated. For instance, if a jury finds that the customer failed to keep the tattoo clean, they might be responsible for a portion of the damages.

Resolving a Tattoo Infection Lawsuit

You may be entitled to compensation if you have suffered from a tattoo infection, and your injury lawyer can prove negligence. To resolve the case, there are two primary avenues:

1. Settlement: In most cases, the tattoo shop or artist will have liability insurance that covers accidents and injuries. In such cases, your lawyer will negotiate with the insurance company to reach a settlement that compensates you for your damages. If the insurance company is willing to pay a fair settlement amount, your case can be settled without the need for a trial.
2. Lawsuit: If negotiations with the insurance company fail, your lawyer may need to file a lawsuit against the tattoo shop or artist. A lawsuit can take several months or even years to resolve, during which time you and your lawyer will need to gather evidence, attend court hearings, and make arguments before a judge and/or jury.

If your case goes to trial, your lawyer will need to prove negligence on the part of the tattoo shop or artist and that their negligence caused your injury. You may be awarded damages for medical bills, lost wages, pain and suffering, and other losses if successful.

It is important to work with a qualified personal injury lawyer who has experience handling tattoo infection cases to ensure you receive the compensation you deserve.

Contact an Experienced Personal Injury Lawyer for Tattoo Infection Cases

If you or a loved one have suffered a tattoo infection due to the negligence of a tattoo shop or artist, it’s time to take action. Spaulding Injury Law: Lawrenceville Personal Injury & Car Accident Lawyer is here to help you get the compensation you deserve and hold the responsible parties accountable.

We understand the legal complexities of tattoo infection and injury cases and will work tirelessly to build a strong case on your behalf.

We will start by thoroughly investigating your case, gathering evidence, and consulting with medical experts to determine the cause and extent of your tattoo injuries. We will then negotiate with the insurance companies or file a lawsuit if necessary to ensure that you receive the maximum compensation available under the law.

It’s important to remember that time is of the essence in these cases. In Georgia, there is a two-year statute of limitations for personal injury claims, meaning that you must file a lawsuit within two years of the date of the tattoo injury. If you wait too long to take legal action, you may lose your right to seek compensation.

Don’t let the responsible parties get away with their negligence. Contact Ted Spaulding today to schedule a free consultation and discuss your legal options. We will listen to your story, answer your questions, and help you make informed decisions about how to proceed.

We understand that dealing with a tattoo infection can be a painful and frustrating experience. Let us handle the legal side of things so you can focus on your recovery. Our team is dedicated to providing compassionate and personalized legal representation to every client we serve.

At Spaulding Injury Law: Lawrenceville Personal Injury & Car Accident Lawyer we believe that everyone deserves justice and fair compensation for their injuries. We are committed to fighting for your rights and holding negligent parties accountable. Contact us today to take the first step toward seeking the justice you deserve for a tattoo infection or injury.

Posted in Lawrenceville | No Comments »

Are you curious about the earning potential of attorneys? You may have seen lawyers living luxurious lifestyles in movies or on TV, but the reality is that the median salary for lawyers in 2020 was $126,930.

The amount of money a lawyer makes is highly dependent on their specialty. Corporate and personal injury lawyers have the potential to earn millions of dollars per year, while traffic infraction lawyers or those fresh out of law school may struggle to earn a living.

At Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer, we handle individual injury cases and are dedicated to helping our clients when they need it the most. Our passion for the law and our commitment to clients drives us to do our best every day. Contact us today if you’ve been injured, and keep reading to learn more about the highest-paid lawyers.

What Are the Factors That Determine Attorney Salary?

The area where they practice, the size of their law firm, and the recognizability of their alma mater all impact how much a lawyer gets paid. Professional licenses, certifications, years of experience, and practice areas also impact how much a lawyer can earn.

Location and Cost of Living

Geographic location is one determinant of an attorney’s salary, with large metropolitan areas generally offering higher wages than small towns and rural areas.

Large cities often come with more complex legal cases, higher demand for lawyers, and, in turn, higher salaries.

In contrast, smaller towns and rural areas typically have fewer legal cases and less demand for legal services, resulting in lower demand for lawyers and potentially lower salaries.

Additionally, larger cities often have higher costs of living than rural areas. Lawyers in urban areas may charge higher rates to maintain a comparable standard of living to their rural counterparts.

That being said, there are some exceptions to these general trends. For example, some smaller towns or rural areas may have a high demand for agricultural or environmental law services, which could lead to higher salaries for lawyers with experience in these areas.

Billable Hours and Fee Rates

The number of cases an attorney handles each year, their billable hours, and fee rates can determine their salary.

Atlanta Lawyers who handle a large volume of cases per year can potentially earn more than those who handle fewer cases. However, the billable hours spent on each case can also affect their earnings.

Billable hours are the hours an attorney spends on a case that can be billed to clients. Lawyers who work more billable hours earn more than those who work fewer, depending on the work performed. For example, lawyers focusing on highly complex areas of law, such as wrongful death, may bill more than those practicing in more general areas, such as DUIs or traffic tickets.

In general, attorneys with higher fee rates earn more than those with lower rates. Lawyers set their rates based on experience, reputation, and the type of clients they work with. Lawyers who work with high-profile clients or on behalf of large corporations may be able to charge higher fees than those who only work with smaller or local businesses.

Some lawyers work on a contingency basis, meaning they only get paid if they win the case. Lawyers who work on a contingency basis aren’t paid a salary but receive a percentage of the money awarded to their clients at the end of the case.

Contingency fee arrangements are common in personal injury cases, where the lawyer agrees to take on the case and cover the litigation costs in exchange for a percentage of the award if they win the case.

The income of lawyers who use a contingency fee depends on their success rate. If they are highly successful at winning cases, they can earn large sums of money, often more than what they would earn by charging an hourly rate. However, if they lose a case, they may not receive any payment, making a contingency fee a significant risk for these attorneys.

Contingency fees are typically between 25% to 40% of the award or settlement, although this percentage can vary based on the type of case, the difficulty of the case, and the amount of money involved.

While contingency fees can be very lucrative for successful and experienced lawyers, they also require considerable time and effort. The lawyer must carefully choose which cases to take on and devote resources to. These lawyers must carefully manage their expenses to ensure they can cover litigation costs while waiting for a case to be resolved.

In-House vs. Private Practice

Attorneys who work in-house for a corporation or government agency may earn a salary by providing legal advice on contracts, employment law, and regulatory compliance.

The salary of in-house attorneys is often influenced by the same factors that affect the salaries of attorneys in private practice, such as their experience, focus, geographic location, and the size and industry of the company or agency they work for.

However, there are differences in how in-house attorneys are compensated compared to private practice. In-house attorneys may be employees who are paid a fixed annual salary. They may receive additional benefits such as health insurance, retirement plans, and bonuses. Unlike attorneys in private practice, who may be compensated based on the number of hours worked and the money they generate, in-house attorneys may not have billable hour or fee generation requirements for their employer.

One advantage of working in-house is that the workload can be more stable and predictable than private practice attorneys, who may have to constantly advertise and market their services to find new clients.

The type of legal practice an attorney chooses can significantly impact their earning potential. Public sector attorneys who work for the government or for non-profit organizations often earn less than those in private practice. Public sector jobs may offer more stability, benefits, and job security than private practice but often have lower salaries.

Public sector jobs are often funded by taxes or government grants, which provide a stable funding source for the organization. This can be particularly beneficial during times of economic downturn when private firms may encounter financial difficulties and may have to cut back on staff or salaries.

In most cases, public sector employees are protected by civil service laws, which make it difficult for employers to terminate their employment without cause.

The trade-off for these benefits is often a lower salary than private practitioners. Public sector jobs may be subject to budget constraints, limiting available salaries. Additionally, public sector jobs may have less room for advancement or promotion compared to private practice, which can limit earning potential over time.

Starting your own practice can provide the potential for higher earnings due to the nature of the more lucrative private practices, but it also comes with the added responsibility of managing your own business or meeting billable hour quotas.

Private practice attorneys can set their own fees and keep a larger percentage of the profits from their services, unlike attorneys in public sector jobs who may be subject to government-mandated salary caps or limited funding for their department.

Private practice can also provide access to higher-paying clients, such as corporations or wealthy people who need legal services. These clients may be willing to pay more for the experience of a private, highly focused attorney.

However, with the potential for higher earnings comes added responsibility. When starting your own practice, you must invest time and resources into building a client base, handling the billing and marketing, and overseeing the firm’s finances.

Attorneys working in a private law firm might have to meet billable hour quotas to receive bonuses or promotions, leading to longer work hours and increased stress.

The competition in private practice is also fierce, requiring attorneys to stay current with legal trends and maintain strong relationships with clients to survive. Lawyers who are just starting out or do not have strong networking skills may be unable to establish themselves or earn a high income.

Health

A lawyer’s health can impact their ability to work and earn an income. Lawyers with chronic illnesses or disabilities may need more time off work, resulting in lower billable hours and less income.

A lawyer with a disability may have difficulty finding and keeping employment, which could affect their salary. Disability discrimination can manifest itself for lawyers in several ways, such as being denied a job or promotion, given less favorable assignments, or being paid less than peers without disabilities.

Additionally, a disability may negatively impact an attorney’s ability to travel to attend court proceedings or meet with clients. It can also affect their ability to work long hours or maintain a client-heavy workload, limiting their career progression or earning potential.

Disability discrimination is illegal in the United States under the Americans with Disabilities Act (ADA). Nevertheless, disability discrimination can still happen, even to lawyers, making it important for lawyers with disabilities to be aware of their rights and advocate for themselves in the workplace.

Gender

Gender discrimination in the legal profession is a well-documented issue, with female lawyers often earning less than their male counterparts for the same work, even when they have the same level of experience and education.

One explanation for the pay gap may be that women are more likely to work in lower-paying practice areas or to take on more flexible work arrangements to balance their work and family responsibilities.

Gender bias in the workplace can also impact a woman lawyer’s ability to advance to higher positions or have access to higher-paying clients, limiting their earning potential.

Age

Age can also influence a lawyer’s earning potential, with younger attorneys earning less than experienced lawyers. Experience and seniority are highly valued in the legal profession. Lawyers with more years of experience are often seen as more skilled and knowledgeable than those just starting out.

Younger lawyers may be less likely to have built up a strong network of clients or referral sources, limiting their odds of bringing in high-paying cases. Younger in-house lawyers may be assigned to less complex or lower-paying cases as they gain experience and work on their courtroom skills.

However, not all younger lawyers earn less. In some cases, young lawyers who have backgrounds and experiences in high-demand practice areas or who have exceptional skills or credentials may be able to command high salaries right out of law school.

For example, a graduate from a top-tier law school may get a highly paid position after interviewing at a large law firm based on their academic achievements alone. Similarly, lawyers with experience in a highly technical field, such as intellectual property or tax law, may command higher salaries due to their particular knowledge and skills. Some law firms offer competitive salaries to these young lawyers to attract top talent and invest in the future of their firm.

Choose Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer

Many factors can impact a lawyer’s salary, including their geographic location, practice area, and work experience. Certain groups, such as women and those with disabilities, may face additional challenges and discrimination that can affect their earning potential in the legal profession.

At Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer, we promote diversity and equal opportunities for all in the legal profession. We are committed to fostering an inclusive work environment where everyone can reach their full potential. We encourage other law firms to join us in this effort by implementing fair and unbiased hiring and promotion practices, providing equal pay for equal work, and supporting programs and initiatives that promote diversity and inclusion.

By working together, we can create a legal profession that values the contributions of all people, regardless of their backgrounds.

Contact Us

Our team is dedicated to providing our clients with personalized, high-quality legal representation. With our focus on client satisfaction and a proven track record of success, we can help you through even the most complex legal challenges. Contact us today to schedule a free case consultation and learn more about what Spaulding Law Firm can do for you.

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The legal timeline for filing a personal injury lawsuit after an accident depends on state law and the case specifics. Keep in mind that state statutes of limitation impose strict deadlines to take legal action after incidents.

This crucial legal phrase refers to the specific time limit plaintiffs have to file claims or lawsuits seeking damages compensation.

Missing your state’s prescribed deadline forever extinguishes your ability to recover losses from the responsible parties, regardless of who’s at fault. Our personal injury and car accident lawyers can help you determine your exact expiration date based on local statutes. Take immediate steps to secure representation and pursue compensation before you inadvertently run out of time.

Here’s What You Need To Know

In Georgia, property damage lawsuits must be filed within four years of the accident date under the statute of limitations for property damage. But for personal injury cases, you have two years from the date of loss to file the initial claim under Georgia’s statute of limitations for personal injury.

The discovery rule allows the 2-year clock to start running once the injury is discovered, not necessarily on the accident date, if circumstances warrant. For minors injured, the 2 years begin when they turn 18. And for those with mental handicaps, it’s 2 years from recovery of competence.

However, the court can make exceptions in some cases if the evidence supports extending the time limits. But it is risky to rely on exceptions.

Even if a case is accepted beyond the time limits, a lack of evidence due to the extended delay can jeopardize winning compensation.

Suing Public Entities For Personal Injury in Georgia

In Georgia, the statute of limitations for personal injury claims is generally two years. However, exceptions exist that experienced attorneys can advise on if applicable. For instance, claims against government entities like municipalities often carry tighter restrictions, requiring prompt notice of claims.

Per Georgia code, injuries caused by cities, counties, or other government agencies must be reported within 6 months, much sooner than the standard two years. This protects the public purse by allowing swift investigation. Additionally, deadlines for minors don’t begin until age 18, while incapacitated adults get two years from recovery of competence.

These exceptions highlight the need to consult qualified legal counsel immediately regarding statutes of limitation.

Calculating Damages and Medical Expenses From an Auto Accident

Calculating damages for a Georgia personal injury lawsuit after a car crash involves documenting all costs tied to the defendant’s negligence. Medical bills make up the bulk of expenses, covering treatment, medications, assistive devices, and any required ongoing care.

Property losses, lost income, and other tangible accident impacts also quantify economic damages. To fully account for losses, emotional harms like pain and suffering warrant financial compensation as well.

Contact Atlanta Personal Injury Attorney Today

While your personal injury claim may be strong, failure to abide by the procedural requirements and statutes of limitations can bar you.

Consult with an experienced Atlanta personal injury lawyer as soon as possible after an accident to ensure you take legal action within the appropriate time frames based on the details surrounding your injuries and ability to file a claim. The attorneys at Spaulding Injury Law offer free consultations to review your options. Contact us today with your case.

Posted in Car Accidents | Comments Off on How Long After An Accident Can You Sue For Personal Injury?

Informing your insurer quickly after a car accident is important to process your claim in a timely manner. But how long do you actually have to report the incident? Insurance experts say that you should report the accident as soon as possible.

However, reporting the auto accident to the insurer is not the same as filing a claim. These are two completely different activities.

The car accident lawyers can help report the crash and file a claim. We will protect your rights during the process to ensure you get the right compensation.

How Long You Have To Report A Car Crash To Your Insurer?

Deadlines for reporting auto accidents to insurance providers differ across states. Each state sets its own statute of limitations defining the time limit accident victims have to file insurance claims. These restrictions also vary based on the type of damages involved.

Anyone who misses the statute of limitations risks losing the ability to recover compensation from insurers. Consulting with an attorney promptly after an accident is the best way to understand claim filing rights and avoid jeopardizing a case through a lack of awareness around reporting time constraints.

• Review your policy – Your specific insurance policy outlines the notification timeframe, which is usually 24-48 hours but can vary. Immediately contacting your agent ensures you comply.
• Penalties for late reporting – Waiting too long to report may allow insurers to deny your claim. Promptness shows the incident is legitimate and not fraudulent.
• Reporting vs. filing a claim – Simply reporting the accident does not necessarily mean you must file a claim. But reporting starts a case file if you do need to submit a claim later.
• If injuries are unknown – Even if injuries seem minor initially, report right away in case serious symptoms appear later. Having an existing report strengthens your case.
• Police report as backup – Having a police report documenting the accident provides backup support if you missed your insurer’s reporting deadline.
• Consult an attorney – If late reporting issues threaten your claim, an attorney can negotiate with the insurer on your behalf and fight to secure compensation.

Should I wait to file a claim?

Some accident injuries don’t manifest until days or weeks post-crash. However, waiting to report claims due to delayed symptom onset can be risky.

Statutes of limitation impose strict deadlines for filing, ranging from 1-3 years, depending on the state. The statute of limitations for personal injuries in Georgia is two years. Missing these deadlines forfeits your compensation rights regardless of injury discovery timing.

Instead, notify your insurer immediately after the accident, even if damages initially seem minor. Discuss the claim reporting timeline with your agent in case severe symptoms arise later. Your prompt notification establishes an accident record with the insurer.

If needed down the road due to emerging or worsening injuries, your claim can be amended but at least exists within the statute of limitations. This preserves your legal right to recover compensation as the true extent of damages becomes clear over time.

Contact Atlanta Car Accident Attorney Today

Don’t jeopardize your car insurance claim due to a lack of awareness around reporting periods. Contact your insurer ASAP after an accident to understand your obligations. For additional guidance, reach out to our experienced Atlanta car accident lawyers at Spaulding Injury Law. We will safeguard your rights and ensure you get the right compensation.

Posted in Car Accidents | Comments Off on How Long Do You Have To Report A Car Accident To Your Insurance Company?

Bills and other expenses can pile up quickly months after an auto accident. While a personal injury settlement can come at the right time to save the situation, is it taxable in Georgia?

Fortunately for Georgia accident victims, personal injury settlements largely avoid taxation. The IRS exempts compensation for physical injuries and related damages from taxable income. Settlement sums awarded specifically for medical bills, lost wages, pain and suffering, and other accident-related losses remain tax-free.

Spaulding Injury Law: Atlanta Personal Injury Lawyers attorneys have significant experience in personal injury matters to protect your rights and ensure that you get the right compensation.

Personal Injury Settlements Are Not Gains

Personal injury settlements from a truck accident or other auto accident avoid taxation because they do not represent financial gains in the eyes of tax law. The income tax system solely targets new additions to a person’s wealth – gains above one’s existing means.

In contrast, injury settlements compensate victims for losses and damages inflicted upon their preexisting wealth. While settlement funds increase overall money available to a plaintiff, the origin stems from reimbursement for harm, not generation of excess income.

After being made legally whole through compensation, an injury victim maintains the same financial status they held before misfortune struck. The court-ordered payments create no actual gain relative to this baseline condition.

This means that most of a personal injury settlement remains exempt from income tax under the tax code’s principles. Victims secure compensation free of any government penalties or reductions. Their settlement sums make the plaintiff financially even with regard to the financial status disruption caused by the defendant’s negligent actions.

How Personal Injury Settlements Are Treated For Tax Purposes

Plaintiffs only potentially owe taxes on negligible portions of settlements tied to punitive fines or emotional distress unrelated to physical harm.

Even then, attorney fees lower taxable amounts. By understanding settlement tax exclusions, injury victims can rest easier knowing robust compensation awaits them without additional tax penalties.

Consult with a personal injury lawyer to maximize your after-tax settlement value. But generally, in Georgia, the well-deserved sums secured through your settlement belong entirely to you.

According to the IRS, here is how personal injury settlements are treated for tax purposes:

• Compensatory damages for physical injuries are NOT taxable. This includes coverage for medical bills, lost wages, pain and suffering, etc.
• Punitive damages awarded for the defendant’s extreme negligence MAY be taxable. Your attorney can advise you further in these cases.
• Compensation for emotional distress linked to physical injuries is also not taxed. However, non-physical distress compensation could be taxable.
• Exceptions

Personal injury settlements only remain tax-free when tied to documented physical harm. Internal damage, sickness, infection, and ongoing surgical care qualify as demonstrable physical injuries supporting tax exclusion.

However, compensation awarded solely for emotional or psychological trauma unrelated to bodily harm becomes taxable without a corresponding physical component.

Additionally, lost wages awarded through employment discrimination settlements rather than injury claims may incur taxes since back pay constitutes recovered regular income. Plaintiffs may also see taxes on a settlement sum meant to reimburse medical costs deducted as losses on a prior year’s tax return – essentially recouping a past tax break.

Typically, personal injury settlements avoid all taxation, with the above situations only potentially triggering taxes on a fraction of the total award. For instance, if you deduct past emergency room bills but not recent surgery expenses, the surgery portion would still be tax-free.

Consult an attorney to maximize tax-exempt settlement allocation and minimize taxable portions tied to rare situations. Under most circumstances, physical harm settlements get excluded wholesale.

Talk To a Georgia Personal Injury Attorney Today

Taxes should not be a financial burden added to your recovery. Contact an Atlanta personal injury lawyer from Spaulding Injury Law to help structure your settlement favorably with taxes in mind and answer any related questions. Talk to us, and we’ll safeguard your rights in your claim.

Posted in Atlanta, Personal Injury | Comments Off on Is Personal Injury Settlement Taxable?

A car accident caused by an at-fault driver who doesn’t have sufficient insurance coverage of their own can leave you paying hefty out-of-pocket repair costs. But there’s still a possibility, even though slim, that you can file a claim with your insurer.

You should, however, be prepared to have a challenging time pursuing such a claim, especially without a lawyer. Our Atlanta car accident lawyers at Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer have dealt with such cases for a long time and can help you recover damages.

Your Insurer Follows the Vehicle, Not the Driver

Standard auto insurance follows the insured vehicle rather than specific drivers. So when you lend your car to a friend, your policy remains primary for collision damage and liability coverage.

For example, if your friend crashes your car, your collision coverage pays for repairs, while your liability covers injuries to others.

The friend’s insurance generally provides no coverage for accidents while driving a borrowed vehicle. Only after your policy limits are exhausted would the friend’s insurance potentially assist as secondary coverage if damages exceed your amounts.

However, some budget insurers issue non-standard “step-down” policies excluding permissive drivers unless explicitly named. Avoid these barebones plans that lack comprehensive coverage from little-known carriers.

Also, consider that your friend may not be liable if the crash resulted from another driver’s fault. It would be best to investigate accident responsibility before claiming against your policy.

The bottom line is that standard policies cover friends behind the wheel, but confirm specifics with your agent. Responsible lending also requires verifying licensure and exercising discretion. Protect yourself and your premiums by carefully choosing who drives your insured vehicle.

It Matters If Your Friend Had Permission To Use Your Vehicle

Permissive use means the driver was authorized to operate the insured’s vehicle. However, issues arise if an uninsured friend takes your car without permission, known as non-permissive use.

In some states, the friend’s insurance becomes primary in non-permissive use cases, even if their policy excludes coverage for driving other cars. However, uninsured friends leave you relying on your policy despite a lack of consent.

Complex scenarios also emerge when car crash damages exceed your policy limits. For example, if your friend crashes your insured car, causing $20,000 in property damage, your liability limit is $10,000. Your friend’s insurer may cover the $10,000 difference if they hold an active policy.

Even with sufficient limits, your insurer often subrogates – seeking repayment from the at-fault driver’s insurance after paying you. Complicated liability shifts emerge when lending vehicles if policies contain exclusions or gaps in coverage.

Consult your agent about risks before allowing non-permissive use. Protect yourself by ensuring drivers carry adequate insurance of their own.

Filing a Claim

If you carry that optional coverage, file a claim with your collision insurance policy. Your deductible would apply. But if you only have liability coverage, file a property damage claim directly against the at-fault driver’s insurance. However, low policy limits may result in limited payout.

Consider filing a lawsuit against the driver at fault for severe damage to recoup repair costs exceeding their policy limits. An attorney can help prove negligence.

It’s also important to explore whether you have uninsured/underinsured motorist coverage in your policy to pay for damages caused by drivers with no or low insurance. For serious accidents, your health insurance and/or auto medical payments coverage can assist with medical bills related to your injuries.

In some cases, the at-fault driver flees the scene. Report as a hit-and-run so police can search for the vehicle. This report helps support an insurance claim.

Contact Atlanta Personal Injury & Car Accident Lawyer Today

Being stuck paying for vehicle damage that isn’t your fault is frustrating. But it would be best if you didn’t have to bear all the responsibility for the crash. Our Atlanta car accident lawyers from Spaulding Injury Law can help investigate all options to compensate you for repairs and related expenses. Contact us today!

Posted in Car Accidents | Comments Off on What Happens If Someone Wrecks Your Car And They Aren’t On Your Insurance?

If car insurance settlement negotiations break down after an accident, filing a lawsuit may become necessary to recover compensation for your injuries and damages.

Atlanta auto accident Atlanta attorneys recommend not accepting any settlement offers or admitting fault before you speak to a qualified auto accident lawyer.

The Lawsuit Process After An Auto Accident

After getting medical attention and notifying your insurance company, the next step is the lawsuit if the settlement negotiations break down. You need a good lawyer to help you with the lawsuit and to protect your rights.

Keep in mind that there’s a specific period within which you must file the lawsuit. In Georgia, the statute of limitations under Georgia Code section 9-3-33 is two years from the date of the auto crash.

When meeting with your attorney, bring copies of the police report, pictures of the accident scene, damage to the vehicle or property, and medical reports.

Provide the contact information of the other driver, a copy of your insurance policy, and any correspondence with the insurers. Any other notes and documentation or information, such as the no-fault claim number involving the accident, will help with your claim, so provide it as well.

Here’s how a typical lawsuit process goes:

• Complaint – The lawsuit starts by having your lawyer file a complaint detailing your allegations of negligence against the other driver(s). This gets submitted to the court to open a case. The complaint makes allegations based on the legal theories applicable to your case.
• The defendant will answer the claim – the appointed lawyer of the defendant’s insurer will respond to the complaint by admitting or denying the allegations. They will assert defenses available to them by law, such as the defendant responding to an emergency or the complainant not wearing a safety belt.
• Discovery – Both sides exchange relevant information through interrogatories, document requests, depositions, and other discovery methods. The defendant’s lawyer receives all the medical records relevant to the case. This evidence-gathering builds your arguments.
• Motions – Your lawyer may file motions requesting judgment as a matter of law in your favor if discovery reveals no triable facts exist. The other side can file motions to dismiss.
• Settlement negotiations – Many cases settle before trial once evidence is revealed and liability for the auto accident is clear. Your lawyer will seek the maximum settlement through negotiations.
• Trial – If no settlement agreement can be reached, your case proceeds to a civil trial. Your attorney presents evidence and arguments to a judge or jury. The trial data can be set up to six months or even a year.
• Verdict – The judge or jury decides if the defendant is liable for damages. If so, they determine the compensation amount owed to you.
• Appeal – Either side has the right to appeal the verdict if they believe errors were made during the trial process.

Contact a Georgia Auto Accident Attorney Today

Having an experienced personal injury lawyer to guide you through this complex legal process is critical for successfully recovering maximum compensation. Contact Spaulding Injury Law to discuss your case with an Atlanta accident attorney.

Posted in Car Accidents | Comments Off on Car Accident Lawsuit

When it comes to settling a car accident case with legal representation, the duration of the process can vary significantly. It’s a journey influenced by numerous factors. While some cases resolve within a few months, others require extensive work and potentially take several years to settle.

It is in your best interests to seek legal counsel to ensure fair compensation for damages incurred. This is because the journey toward settlement involves many elements, including the nature of the accident, the severity of injuries, insurance negotiations, and legal procedures.

Through our legal team at Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer, we have recorded many victories with significant settlements. We understand what it takes to resolve these cases. We can expedite the settlement process while ensuring fair and just outcomes.

Submit All Medical Documentation Before Settling Your Case

Medical documentation serves as vital evidence in determining the impact of injuries sustained in a car accident. Therefore, it is recommended to wait until you reach Maximum Medical Improvement (MMI). This is when your condition stabilizes and further significant improvement is unlikely.

Attempting to settle a case before reaching MMI can result in an undervaluation of damages. This premature settlement may not cover future medical expenses, or ongoing treatments or account for potential complications that might arise. Only after obtaining all the documentation can you determine a fair damage award to pursue.

Factors Affecting the Time Your Car Accident Claim Takes to Settle

The following factors may influence the time it takes to settle a car accident claim:

• Determining fault: If it’s clear who caused the accident, settling tends to be faster. But when a fault is disputed or unclear, negotiations can drag on or even lead to a lawsuit, stretching the process.
• The extent of injuries and damages: Minor injuries might resolve faster, but serious ones need more time for proper assessment and treatment, which can prolong the settlement.
• Quality and quantity of evidence: Having solid evidence of damages speeds up settlement. However, when evidence is lacking or weak, negotiating or gathering more proof might take longer, extending the process.
• Insurance company response time: A prompt response from the insurance company helps move things along. But if they take their time assessing the claim or communicating, it can significantly delay the settlement.

These factors often interconnect and impact one another. For instance, arguments over fault can stall the exchange of evidence, and complex injuries might require more time for evidence gathering and medical evaluations. Lawyers understand how these factors influence the settlement process, and they can help streamline the claims process.

Let a Car Accident Lawyer Expedite Your Settlement Process

A car accident lawyer can expedite the settlement process leading to quicker compensation for damages. However, the primary focus isn’t solely speed but ensuring that the process secures fair compensation.

A car accident attorney from our firm will ensure that all aspects of your damages are comprehensively evaluated. They can expedite the process without compromising on the compensation you’re entitled to receive. Call us today at (770) 874-9746 for a free case evaluation.

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Many people who are involved in car accidents hesitate to seek legal assistance as they are concerned about the associated costs. Their primary concern revolves around how much they’ll have to pay for legal services and whether they can afford it. However, no fixed or standard fee universally applies to hiring a car accident lawyer.

Most car accident lawyers typically operate under a contingency fee agreement, which allows clients to pay only if their case succeeds in securing compensation. Schedule a consultation with an attorney from the Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer to get a good idea of the legal costs of hiring a car accident lawyer.

How Does Contingency Fee Agreement Work in Georgia?

Contingency fee arrangement means clients don’t have to pay upfront for legal services. Instead, the attorney’s fees are contingent upon their success in obtaining compensation. This aligns the lawyer’s incentive with the client’s goal of securing a favorable outcome.

Here is how the process goes:

• Initial Free Consultation: Lawyers often offer an initial consultation at no cost. This meeting allows individuals to discuss their case with the attorney, understand their options, and evaluate whether the case is suitable for a contingency basis arrangement.
• Signing the Agreement: If both parties decide to proceed, a contingency fee agreement is signed. This contract states that the lawyer will only receive payment if they successfully obtain a settlement or win the case.
• Pursuing the Case: With the agreement in place, the attorney begins working on the case. They investigate, gather evidence, negotiate with insurance companies, and represent the client in legal proceedings.
• Resolution: If the attorney secures a settlement or wins the case in court, they receive a predetermined percentage of the compensation awarded to the client. If the case is not successful, the attorney doesn’t receive the fee, except for some court expenses.
• Reimbursement of Expenses: In addition to the attorney’s percentage, case-related expenses, such as court filing fees or expert witness fees, are typically reimbursed from the final settlement.

The Average Contingency Fees for Accident Lawyers

According to the American Bar Association, the car accident attorney cost falls between 33.3% and 40% of the total settlement. However, this contingency-free percentage varies depending on the specific circumstances of each case.

Some attorneys offer a sliding scale for their contingency fees that provide flexibility to accommodate various client situations.

For instance, attorneys might consider whether the case resolves before filing a lawsuit when determining the exact percentage within the outlined range. Such a case may attract a third of the total settlement. However, when the case involves pursuing a personal injury lawsuit, there is a need for more work and additional time. Such a case typically attracts around 40% of the settlement.

Contact a Car Accident Attorney for a Free Consultation

If you’ve been worried about the potential costs of legal assistance for your car accident case, now’s the time to put those concerns to rest. You can hire a car accident attorney today on a contingency basis. Take the opportunity to discuss your case, understand your options, and gain clarity on the fee structure without any financial commitment. Contact us today to discuss your car accident lawyer’s cost for free.

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When To Call a Lawyer After a Car Accident in Atlanta?

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