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atlanta-personal-injury
  • Alex

How to Find a Good Lawyer for an Atlanta Personal Injury
How to Find a Good Lawyer for an Atlanta Personal Injury 1920 900 Alex

Choosing the best lawyer to represent you is one of the most critical steps in a personal injury claim. In our view, the right attorney is ethical, caring, and hardworking. If you are searching for an Atlanta personal injury lawyer, here are several tips to help you find the right one for you.

Choose an Attorney with Targeted Experience  

Hiring the best personal injury lawyer in Atlanta doesn’t necessarily mean you choose the attorney who has been practicing the longest. You not only want an attorney with experience; you want that experience to include cases similar to yours.

Use Your Initial Consultation Wisely

Make sure to maximize your time at the initial consultation. You want to be prepared, which includes making a list of helpful questions. Suggestions include:

  • Will you be the attorney working on my case, or will someone else be handling it?
  • How many cases like mine have you handled?
  • Do you take many cases to trial? What is your trial record?
  • How does your billing work?
  • What will be my role in the lawsuit?
  • What is the statute of limitations on my case?
  • Are you able to provide an evaluation of what you think my case is worth?
  • How long do cases like mine typically take to resolve?

In addition to asking targeted questions, it’s helpful to provide any documentation you have. Items like police reports, repair estimates, photos, medical records, and medical bills to date can help an attorney get a better feel for what your case involves. 

Pick an Attorney with a Good Reputation

An attorney’s reputation is important. An attorney who is respected by their colleagues and court staff can help you. Look online for testimonials, articles, etc. that can help you learn more about the attorney’s reputation. 

Meet with Several Different Firms

When you’re searching for Atlanta personal injury law firms, consider meeting with more than one firm. These initial meetings give you a chance to compare answers to the questions you asked. Not every attorney will be the ideal pick for your case. Don’t pin all your hopes on one attorney and set up a meeting with only one firm. There is always a chance they won’t have the right experience, or they may not have time to take on your case.

By meeting with a few different firms, you will feel more confident when making your final choice. It’s crucial to choose the attorney with whom you feel most comfortable. Since most Atlanta personal injury law firms offer a free consultation, you have nothing to lose by meeting with an attorney. 

At Weatherby Law Firm, P.C., we specialize in high-value personal injury cases involving catastrophic injuries, trucking accidents, wrongful death, and more. We represent honorable companies, and the genuinely injured. Contact our office today to schedule a consultation and learn how we can help you in your personal injury case.

best-car-accident-attorney
  • Alex

Tips for Finding the Best Atlanta Car Accident Attorney
Tips for Finding the Best Atlanta Car Accident Attorney 1920 900 Alex

If you were involved in an auto accident, you might be considering hiring a lawyer. With nearly 6,000 licensed attorneys in Atlanta alone, how do you choose the one that’s right for you? Finding the best car accident attorney requires some research and meeting with multiple firms before making a decision. Here are some tips to help you find the best car accident attorney in Atlanta. 

Ask for Referrals

Start by asking friends and family if they have worked with a car accident attorney they like. One of them may have hired an attorney before and can provide some insight on why they did or didn’t like their attorney. You can also consider asking around your work as one or more colleagues might have retained a personal injury attorney as well.

Research Online

Your next step is to start doing some research online. If you received suggestions, you want to verify the attorney is reputable and will be the right fit for your case. Knowing what to look for in your research is essential. The best car accident attorneys will have the following qualities. 

Positive Client Reviews

Look for past client reviews and testimonials. You want an attorney who has satisfied clients. 

Good Industry Ratings

Look for the attorney’s industry ratings. Things like Martindale and Avvo ratings, board certifications, and other legal awards are good things to research. Not all practicing attorneys earn these awards and ratings. These can be good indications of your attorney’s skillset.

Standing with the Bar Association

You should also check for any disciplinary action with the state’s bar association. Google the attorney’s name as well to see if there is more information about any discipline, cases they’ve handled, community involvement, etc.

Prepare a List of Questions

Before you meet with any attorneys, you need to prepare a list of the most important questions you want answered. Most car accident lawyers offer free consultations. Use these meetings to ask critical questions so you can compare each attorney’s answers before choosing an attorney. Examples of questions to ask during the consultation include:

  • How do your fees work?
  • Will you be the lawyer handling my case, or will another attorney take over?
  • How much do you think my case is worth?
  • How long do you think it will take to resolve my case?
  • What type of experience do you have with car accident cases?
  • Have you taken any car accident cases to trial? If so, how many cases have you won?
  • What is your policy on client communications? How long does it take to return emails and phone calls?

When you are preparing your list of questions, be sure to gather whatever evidence you have. You should bring anything that can help the attorney evaluate your claim. Documents such as medical records and bills, repair estimates, police reports, and scene photos are ideal if you have them.

Choose an Attorney Who Is a Good Fit for You

Before you make your final decision, think about whom you felt more comfortable with during your meetings. Are they a good fit for you and your case? You want an attorney who is passionate and will put your needs first. Also, think about how their personality will come across to a jury. If your case does go to trial, you want someone the jury will relate to and like.

Contact Weatherby Law Firm, P.C. 

If you’re searching for the best car accident attorney in Atlanta, let our experienced legal team assist. At Weatherby Law Firm, P.C., we have experience representing Atlanta clients in car accident injury claims. We have a long history of defending reputable companies and prosecuting cases for the seriously injured. Contact our office today to schedule an initial consultation.

  • Alex

Georgia Wrongful Death Frequently Asked Questions
Georgia Wrongful Death Frequently Asked Questions 150 150 Alex

The Georgia wrongful death statute allows a deceased person’s family to seek compensation for the loss of their loved one. Here is a quick guide to the most frequently asked questions about the wrongful death statute in Georgia.

How Do You Bring a Case Arising out of a Wrongful Death?

There are two ways to bring a lawsuit after a wrongful death in Georgia.

Georgia Wrongful Death Statute

A wrongful death claim compensates a victim’s family members for the losses they have experienced as a result of the death. Brought by the surviving family of the deceased, a wrongful death claim allows recovery of “the full value of the life of the decedent.”

Estate Claim

An estate claim, also known as a survival action, allows the victim’s estate to recover for losses the victim personally suffered prior to their death. 

Damages in an estate claim may include medical bills, funeral expenses, and pain and suffering of the decedent. In Georgia, any claim for punitive damages must also be brought by the estate.

Who Can File a Claim Under the Georgia Wrongful Death Statute?

Georgia law has strict rules on who can bring a wrongful death claim. First in line are always surviving spouses and children.

If none of these survive, the person’s parents become the next claimants. 

In other states, a wrongful death claim may be brought only by the administrator of the deceased person’s estate. The damages would then be distributed according to the person’s will, trust, or by probate law. Georgia is different.

The only time an Estate administrator can bring the claim for wrongful death is if the deceased left no surviving spouse, children, or parents. However, the administrator would be responsible to bring the claim for pain and suffering following the death.

What Compensation Is Available Under the Wrongful Death Statute in Georgia?

Under the Georgia wrongful death statute, the surviving family is allowed to make a claim for “the full value of the life of the decedent.” This is divided into two categories: tangible and intangible.

The intangible value refers to the experiences and relationships that the decedent lost by passing. This includes things like graduations, birthdays, weddings, vacations, but more broadly is about the joy of life, and the love and affection in relationships. 

The tangible part involves the money that the deceased person would have earned through a salary and the economic value of their contributions to the family. Calculating the right amount of both tangible and intangible damages is often a complicated task. This is why hiring a Georgia personal injury attorney is important.

How Long Do I Have to File a Wrongful Death Claim?

Generally, the Georgia wrongful death statute of limitations is two years. This means that you must bring your wrongful death claim within two years of the decedent’s death or risk losing your right to compensation. However, there are a few exceptions that may shorten or lengthen the time to file a claim.

It is a good idea to consult with an attorney to determine the precise time you have to follow based on your individual circumstances.

Call the Personal Injury Team at Weatherby Law Firm, P.C. Today

Our firm has years of experience handling catastrophic injury and wrongful death claims and has a track record of successful decisions for our clients. We have represented both plaintiffs and defendants in wrongful death cases, so we can fight for you.

Contact us by calling 404-793-0026 or fill out our online contact form to schedule a free consultation.

  • Alex

How To File an Atlanta Wrongful Death Lawsuit?
How To File an Atlanta Wrongful Death Lawsuit? 1920 900 Alex

Who Can File an Atlanta Wrongful Death Claim?

Before filing a suit for a fatal accident, you need to make sure that you’re the appropriate person to file the claim. One of the biggest questions if who can file a wrongful death claim?

This can be a very complex question.

Those having the right to bring a cause of action for wrongful death are as follows (in order of priority):

  1. Surviving spouse;
  2. Children;
  3. Parents; and
  4. Administrator/executor of the estate

The Venue

Whether you are filing a wrongful death action or any other case addressing injuries to a person, the first step is to make a decision as to where you will file the lawsuit. 

The value of a wrongful death case, and any other case for that matter, is in some measure determined by the location of the suit. In legal terms, the location of the suit is called the “venue.”

In Georgia, the location will generally be in a “county” where the defendant lives.

If the defendant is a company, the venue will generally be the location where the company’s “registered agent” is located.

A registered agent is a person that the company designates to accept service for the company. A registered agent can be located by going on the Georgia Secretary of State’s website.

There are 159 Counties in Georgia.  Obviously, we cannot address them all. 

However, if you are in the Atlanta area for a Plaintiff’s case, the preferred jurisdictions would be DeKalb and Clayton. 

Other favorable jurisdictions would include Bibb and Chatham Counties. 

So what makes a particular county more desirable than others? 

The answer is simple; a history of large verdicts in favor of plaintiffs.

How do I know what to put in the Complaint?

It is essential that the person filing a wrongful death action have as full understanding of the facts related to the fatal accident as possible. This would include:

  • (a) the date of the accident;
  • (b) the location of the accident;
  • (c) the parties involved;
  • (d) the acts and omissions of the people being sued; and
  • (e) that the death was actually caused by those acts.

In some cases, it is not possible to know all of the facts before filing suit.

That is OK, so long as you have a sufficient amount of facts to make your case. The more information you have, the better.

In a typical wrongful death case, there will be allegations of negligence.

This means that Plaintiff will allege that Defendant committed some acts or omissions, different than what a reasonable person would do, that resulted in the death of the loved one. This is called a “negligence” count.

There will also be allegations of damages. When there is a wrongful death, Georgia law provides that the recovery is “full value of the life of the decedent.”

This is determined by the circumstances of a person’s life. 

There are two components: an “economic value” and the “intangible element”.  The economic value generally consists of the earnings or other economic value of lifetime services.  This may involve a complex calculation of lifetime earnings and other economic values.

An economist may be used to help place this amount into a number.

The “intangible” element is the what life is worth when lived. This is up to the jury to determine.

The jury will consider facts such as the relationships, quality of life, and enjoyment of activities.

In some rare cases, punitive damages may be awarded for the defendant’s egregious conduct in the accident.

This is very rare.

Punitive damages are recoverable when the defendant acted with intent, malice, or some other egregious action.

Do I Need a Lawyer to File an Atlanta Wrongful Death Suit?

A wrongful death suit is not something you should try and file on your own. It is a complex area of law, and you need a seasoned wrongful death attorney to help you. Our firm has recovered millions for wrongful death victims, and we have received one of the largest wrongful death verdicts in Georgia history.

We offer free consultations for wrongful death claims in Atlanta. We practice throughout Georgia and the metro Atlanta area.

Atlanta Accident Report
  • Alex

How to Get Your Atlanta Car Accident Reports After a Car Accident in Atlanta, GA
How to Get Your Atlanta Car Accident Reports After a Car Accident in Atlanta, GA 475 307 Alex

If you have sustained injuries or property damage in a car accident or truck accident in Atlanta, GA, you will likely need to obtain a copy of the official accident report.

Obtaining the accident report is a crucial step in the process of a car accident case. This report usually contains important information that can help support your claim.

Ways to Obtain an Atlanta Car Accident Report

  • Get a copy directly from the police department;
  • Purchase a copy of the accident report in Atlanta online; or 
  • Ask your attorney to obtain a copy for you.

Regardless of the method you choose, it is imperative that you get a copy. The availability of evidence contained in the accident report in Atlanta can be the difference between a successful and an unsuccessful outcome.

The car accident and truck accident lawyers at Weatherby Law Firm, P.C. have extensive experience handling truck and car accident cases for clients in Atlanta and throughout Georgia.

We can obtain a copy of your accident report for you so that you don’t have to worry about it. And once that step is completed, we can help you navigate the rest of your case as well.

Send us an online message or call our firm at (404) 793-0026 for assistance.

Getting Your Police Report in Atlanta Directly from the Police Department

One way to obtain a copy of your GA accident report is to go directly to the police department.

However, it is important to note that you must go to the department that responded to the collision scene and prepared the report.

This means that if Atlanta officers responded to prepare the accident report, you must go to the Atlanta Police Department to obtain a copy of the report, even if you do not live in Atlanta, GA.

The Atlanta Police Department has useful resources on its website providing instructions on how to obtain an official police report in Atlanta, GA.

Parties to an accident can request copies from the Central Records Unit, which is open Monday through Friday between the hours of 8:30 AM and 3:30 PM.

If you were in an accident in the Atlanta area on one of Atlanta’s interstates, the Georgia State Patrol may have assisted you.

Their website contains important information on how to obtain a Georgia State Patrol accident report.

Purchase an Online Accident Report Atlanta at Buycrash.com

Another option is to purchase a copy of the Atlanta accident report online.

Buycrash.com is a website that allows you to download accident reports from a variety of states, including Georgia.

To download your report, you will need to pay a small fee and provide the following information:

  • Your name,
  • Date of the accident, and
  • Your vehicle identification number (if known) (VIN) or accident report number (if known).

This is generally a quick and easy way to obtain your Atlanta accident report.

It is our experience, however, that the information on Buycrash is not always full and complete.

We recommend either obtaining a copy from the policy department directly or asking your attorney to obtain it.

How an Atlanta Accident Lawyer Can Help

A car and truck accident lawyer can help you obtain your Atlanta accident report, along with other important evidence, so that you don’t have to worry about doing so yourself.

Evidence is a crucial piece of the puzzle when it comes to a personal injury case. Thus, it is crucial to have as much evidence to support your claim as possible.

We have recovered millions of dollars, and we have also defended reputable companies. We have extensive experience handling car accident cases and truck accident cases, from beginning to end, and we have what it takes to help you with yours.

Contact us online or call (404) 793-0026 to schedule an appointment and see what we can do for you.

medical-malpractice-attorney
  • Alex

How to Choose a Medical Malpractice Attorney in Georgia
How to Choose a Medical Malpractice Attorney in Georgia 1920 902 Alex

Do you suspect that you or a loved one suffered harm at the hands of a doctor or another type of medical practitioner in Georgia? If so, you should seek legal advice from a reputable medical malpractice attorney as soon as possible.

The challenge can be figuring out how to find a good malpractice lawyer. Having the right attorney and legal team on your side will make the process easier for you and help ensure you recover the maximum possible compensation for your injuries.

To find the best medical malpractice lawyers, the medical malpractice attorneys of Weatherby Law Firm, P.C. recommend the following.

Meet with a Medical Malpractice Lawyer in Person or Via Virtual Conference

It’s important to make sure that you meet your lawyer. If the attorney’s office refers you to a case manager or paralegal, rather than an attorney, then there is a risk that you will be speaking with someone not your attorney more often than you anticipate.

Generally speaking, a reputable medical malpractice lawyer will speak with you directly in your initial case consultation and be the point person for you on your case. Many firms now offer the option of meeting via video conference or phone. This helps protect you from unnecessary health risks, such as those posed by the COVID-19 pandemic. Virtual consultations are also ideal if you are hospitalized or unable to travel to a lawyer’s office.

Ask About Past Cases and Experience with Atlanta Medical Malpractice Claims

Malpractice is a highly complex field of personal injury law. It is imperative to find an attorney who has experience in negotiating malpractice settlements with large insurance companies. Ask any potential lawyer whether they have previously prosecuted medical malpractice cases and, if so, how many. Finally, ask about the outcome of prior cases like yours.

Any attorney’s prior successes for their clients won’t necessarily reflect the outcome of your case. However, it’s important to know if they have the knowledge and experience to get the job done for you.

Ask How the Attorney Plans to Resolve Your Medical Malpractice Case

A Medical Malpractice case may result in a settlement or trial. If the medical malpractice insurer offers a reasonable settlement, then the parties may resolve the case on their own. A settlement generally involves a monetary payment from the insurer to the injured person. In exchange for this payment, the injured person agrees to release the insurer for their claims.

A settlement can help you get the financial resources you need for your care and economic stability during your recovery. A reasonable medical malpractice settlement also lets you avoid the time and trouble of going to trial.

At the same time, sometimes a reasonable settlement is not possible. The parties may disagree on the damages or facts. In this case, then the case will be either resolved by the judge or the jury. The judge or the jury will, then, decide the amount of compensation for the case.

Look at client reviews

Client reviews are one of the best ways to know if your lawyer will treat you the way you want to be treated. At our firm, we have a 5 star rating from our clients and peers. Client ratings are an important tool when hiring any lawyer.

Talk to an Atlanta Medical Malpractice Attorney Today

Armed with these tips for how to find the best medical malpractice lawyers in Atlanta, you’re ready to get started with the legal process.

The experienced Atlanta personal injury lawyers of Weatherby Law Firm, P.C. will fight tirelessly to protect your legal rights and get you the justice you deserve. Before you make any decisions or discuss any potential resolution with the insurance company, take advantage of our free consultation and case analysis.

Contact Weatherby Law Firm, P.C. now to schedule your consultation or to learn more about how to choose the best Atlanta medical malpractice lawyer for you.

average settlement for car accident in georgia
  • Alex

How Much to Expect from a Car Accident Settlement?
How Much to Expect from a Car Accident Settlement? 684 457 Alex

If you were in a car accident with injuries in Atlanta, then there may be a claim for injuries. The claim may be asserted against the driver that was at fault. A personal injury claim after a car accident may seek compensation for medical treatment, lost wages, and pain and suffering. 

Without a full understanding of the facts and the injuries, it is not possible to determine how much to expect from a car accident settlement. Generally speaking, the more serious the injuries and the more straightforward the facts, the higher the case value. 

However, it is important to note that not all car wrecks end in settlement. If there are disputed facts or damages, then the parties may not be able to agree to a settlement. A jury trial will result. The same types of compensation (injuries, missed time from work, and pain and suffering) may be asserted at trial. The jury will then determine the amount of compensation.

An experienced attorney can help you understand the facts of your case and the likely value. The Atlanta 

To learn more about the legal process or to explore what the value of your claim might be, talk to an Atlanta car accident lawyers from Weatherby Law Firm, P.C. We have extensive experience valuing car accident cases. We are committed to strength, integrity, and justice for all of our clients.

How Much Is the Average Settlement for a Car Accident in Atlanta?

Unfortunately, because every accident is unique and every victim faces their own set of challenges, it is impossible to determine the average Atlanta car accident settlement value. Beware of any website or Georgia car accident settlement calculator that claims to provide a dollar amount. Without having all the details relevant to your case, determining what you might be able to recover is impossible.

Based on the the injuries and other details, the injured person may be entitled to recover compensation for some or all of the following:

  • The facts of the accident (who was at fault, partially fault, any extreme circumstances),
  • Medical treatment (hospital stays, surgery, medical tests, imaging etc.)
  • Lost wages and benefits (missed time from work, work history, earnings), 
  • Prior issues (any prior injuries to the same area and claim history, for example); and,
  • Pain and suffering (the severity/permanence of the injuries and pain involved).

The best way to determine the potential value of your claim is to consult with an Atlanta car accident attorney. It is generally best to consult an attorney at the earliest opportunity. This is because there may be evidence that you need to preserve to help your case.

How Long Does an Insurance Company Have to Settle a Claim in Georgia?

Generally speaking, an insurance company does not have a firm deadline to resolve a personal injury claim. There are certain circumstances in which the plaintiff can make a time-limited demand (such as 30 days) that requires an insurance company to respond within a certain time period. However, these types of demand require certain serious circumstances. To see if your case falls within this exception, contact an Atlanta car wreck attorney.

The most important timeline to consider for Atlanta car accident claims is established by the Georgia statute of limitations. After a car accident or other personal injury, generally speaking, the injured person has two years from the date of their injury to file a civil lawsuit.  

Some exceptions to this limitation may apply in your case. However, it is always best to take action as soon as possible after an injury accident. Talking to an experienced car accident lawyer is the best way to protect your legal rights. Your attorney can start building your case immediately.

Contact an Atlanta Car Accident Attorney Today for Help

After an accident, it can be difficult to determine your next steps. You likely have questions about your legal rights: How much is a lawsuit for pain and suffering? What do Atlanta car accident settlement amounts average? And others. Fortunately, you don’t have to navigate this situation alone. An attorney can answer your questions and provide the information you need.

It’s important to consult an experienced Atlanta personal injury lawyer as soon as possible. Contact Weatherby Law Firm, P.C. to speak to an Atlanta car accident lawyer or to schedule your no-cost, no-obligation consultation. 

wrongful death settlement distribution
  • Alex

Who Gets the Money in a Wrongful Death Lawsuit?
Who Gets the Money in a Wrongful Death Lawsuit? 720 480 Alex

The death of a loved one is painful under any circumstances. When a person dies due to the wrongful actions of someone else, then certain family members may have a wrongful death claim for the fatal accident. If the wrongful death lawsuit is successful, then the family members may receive compensation for the death of their loved one.

In Georgia, the laws that govern wrongful death are highly complex and potentially difficult to understand. Specifically, it can be difficult to determine who can bring legal action and how wrongful death proceeds are distributed.

The Atlanta wrongful death attorneys of Weatherby Law Firm, P.C. can answer your questions and provide the information you need to get started with the legal process.

Who Can File a Wrongful Death Suit in Georgia?

Georgia wrongful death statutes establish who has the right to bring legal action. The list of people who can file a lawsuit is short: 

  • A surviving spouse has first priority;
  • If there is no surviving spouse, the children can file;
  • If there is no surviving spouse or children, the surviving parents can file; and, 
  • If none of these persons are able to bring the suit, the personal representative of the victim’s estate may file a suit seeking compensation on behalf of the victim and the estate. However, should compensation be awarded, the funds are awarded to the victim’s next of kin.

There are exceptions to the law that could apply to your case. The best way to determine whether you have a valid wrongful death claim is to consult an experienced attorney.

Who Can You Sue for Wrongful Death in Atlanta, Georgia?

According to Georgia law, a person may be liable (that means, be sued) for wrongful death if that person commits negligence, recklessness, or intentional conduct that causes the death .

A list of examples of possible instances where wrongful death suits can be filed include but are not limited to:

  • Motor vehicle accidents,
  • Truck accidents;
  • Injury due to a dangerous defective product,
  • Injury due to negligence on private property, 
  • Injury due to criminal assault, and
  • Medical malpractice.

In general, in Georgia, a suit must be filed within two years from the date of the person’s death in most cases. The law provides some exceptions that can extend or limit the time limitation. In some circumstances, the time limitation can be as short as a few months if, for example, there is a city government involved.

In other instances, the time can be longer like when the injured person is a child. These are just examples. In order to know if a valid claim for wrongful death can still be asserted, you should talk with an Atlanta wrongful death attorney as quickly as possible.

How Long Until a Case will Be Settled, a Check Received, and Who will Receive the Funds?

The majority of cases settle. Although it isn’t possible to identify any average time to resolve a case, the truth is that wrongful death cases usually take time. If there is minimal insurance and clear liability, the case may be resolved in a matter of weeks. However, for a case with high insurance, disputed facts, or other complications, it often takes months or years to resolve the dispute. Once an experienced attorney has all of the facts of your case, they can give you an idea of how long it will likely take to resolve your case.

As for how wrongful death settlement distribution is made, the answer is determined based on the heirs under the statute. For example, should a partner be left alive after a spouse’s wrongful death, the spouse is legally entitled to no less than a third of whatever is awarded to the victim’s family under Georgia law. If the deceased left children behind as well, then those children are also entitled to recover. It can get complicated.

For example, if the victim left a spouse and no more than two children behind, the money is split evenly between all parties. However, if the deceased left three or more children behind, a special clause states that, as above, the spouse receives the third they are legally entitled to and then the remaining two thirds of the award is divided equally between all the children.

Yet another aspect of the statute states that if one of the victim’s children died before them, the money would be split evenly between the child’s children (the victim’s grandchildren). For example, a victim leaves behind a spouse and one child. However, the victim’s other child passed before the victim, leaving behind one grandchild.

The money would then be split evenly between the spouse, the surviving child, and the grandchild. Should there be multiple grandchildren left behind, the money that would have been awarded to the victim’s late child would be divided evenly among all those grandchildren.

As you can see, the Georgia laws are convoluted and potentially difficult to interpret, especially with regard to how wrongful death proceeds are divided. Talk to a knowledgeable attorney to determine specifically how the laws apply to your case.

Talk to an Atlanta Wrongful Death Attorney Today

A wrongful death case required compassionate, strong advocates. The wrongful death lawyers of Weatherby Law Firm, P.C. have a long history of impressive case results that demonstrate our commitment to getting it done for folks in wrongful death cases.

Call or contact us now to schedule a no-cost, no-obligation consultation and case review or to speak directly with one of our Georgia wrongful death attorneys.

Determining Fault After a Car Accident in Atlanta
  • Alex

Determining Fault After a Car Accident in Atlanta
Determining Fault After a Car Accident in Atlanta 2560 1707 Alex

The fundamental question before tackling any claim or lawsuit that arises out of an auto accident is the issue of who is at fault for the collision.

In law, this is known as liability. This determines who should pay for accident damages, and how much they will be accountable for. As an at-fault insurance state, Georgia allows injured parties to seek compensation from the at-fault party and, if applicable, their insurance company.

In addition, an injured person may have a claim against their own insurance company depending on the policy’s terms. So what are the best ways to determine fault and what evidence is needed?

Police Reports and Evidence at the Scene

After an accident, it is generally a good idea to call the police. When the cops arrive, they will often assess the situation. This includes an injury, major damage to the vehicles, and (usually) a determination of who is at fault.

The officer may also issue a citation. The police report may or may not be admissible in evidence, depending on the facts and circumstances. Regardless, however, this accident report is important in gathering information for who is at fault.

Even if the police are called, it is important for any person involved in an accident to gather as much information as they can. This means getting the contact information for drivers, passengers, and witnesses. Often, these folks may not stick around until the police are able to speak with them.

Pictures are also a good idea. This includes taking pictures of the accident scene. Skid marks, location of the vehicles, and other information from the scene can be important in determining which driver is at fault. It is also a good idea to take pictures of the vehicles involved, and the damage incurred.

If there are local businesses, they may have video. Some businesses will willingly provide that information. Others will not. A seasoned car accident attorney can help you.

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Dealing with the Insurance Company

It is important to contact your insurance company as soon as you can after an accident. Most insurance policies require notice of a claim at the earliest reasonable opportunity.

If you are the at-fault driver, the insurance company will want all the information related to the incident. If you are the injured person, then it is important to also contact the other driver’s insurance company to make sure they’re aware of the claim.

When investigating a personal injury claim, an insurer may want to review the following:

  • Police reports,
  • Car repair bills, 
  • Pay stubs establishing lost wages, 
  • Medical bills,
  • Medical records,
  • Witness statements, and
  • Photographs or video.

A good car accident lawyer can help place this information in the most compelling case for the insurance company.

If the case is not resolved pre-suit, then an injured party has the right to file a lawsuit against the other driver. This is why it is important for everyone in a car accident with injuries to make sure their insurance company is aware of the accident.

Contact Weatherby Law Firm, P.C. Today!

If you are involved in an auto accident with injuries, you need an experienced car accident attorney.

The Atlanta firm of Weatherby Law Firm, P.C. represents clients in a variety of personal injury matters, including car wrecks.

Contact our office via phone at (404-793-0026) or our online contact form.

Can I Sue an Atlanta Insurance Company for Denying a Claim
  • Alex

Can I Sue an Atlanta Insurance Company for Denying a Claim?
Can I Sue an Atlanta Insurance Company for Denying a Claim? 684 454 Alex

We buy insurance to protect our homes, cars, and even our health, expecting coverage to be there to help recovery when something goes wrong. But if your insurance company wrongfully refuses to approve coverage, they may be violating Georgia law. As a result, the insured may be able to file a bad faith claim against the company for their losses, under certain circumstances.

What Is Bad Faith in Insurance?

All insurance contracts carry an inherent presumption that the company will uphold their policy obligations. This includes that the insurer must settle legitimate claims within the scope of the policy’s coverage. When the insurer fails to do so and that failure is unreasonable, this is known as acting in bad faith. There are two types of bad faith claims:

  • First-party claims—when the insurance company refuses to pay or investigate a claim that the insured made for a loss, such as an auto insurance company refusing to address a claim made for vehicle damage in an accident; and
  • Third-Party claims—when someone sues an insured, and the insurance company doesn’t adequately defend, indemnify, or settle the claim to protect their insured from a liability judgment.

To avoid acting in bad faith, the insurance company should:

  • Act reasonably
  • Follow the policy’s terms
  • And, if the policyholder is sued, make a good faith effort to settle the suit on their behalf, if reasonable under the circumstances.

If the insurance company fails to do these things, they may be liable for bad faith damages.

What Companies Deny Insurance Claims and Why?

Insurance policies are long, complex, and boring. Because of this, most of us do not pay attention to the fine print until it’s time to make a claim.

In the terms of the policy, there is a grant of coverage (e.g. We will pay any damages as a result of a car accident.). Then there are certain conditions, exclusions, and exceptions from coverage (e.g. We will not pay damages for an intentional act.) When a claim is filed, an insurance company reviews the facts and the policy to determine if there is coverage.

While most insurance companies try to apply the policy terms as they’re written, sometimes, of course, insurance companies mistakenly deny claims that are within the coverage. If this happens, it can lead to bad faith claims. No insurance company is right 100% of the time. This would include, for example, Allstate, Unum, AIG, Conseco, State Farm, United Health, Torchmark, Farmers, WellPoint, and Liberty Mutual.

Seek Legal Help

In the event that an insurance company denies coverage, it is important to have an experienced insurance coverage lawyer review the facts and the policy. The insured may have additional rights that they will not otherwise know about. Likewise, an insurance company when facing a question on coverage, should generally seek the advice of an insurance coverage attorney to advise them. A mistaken denial of coverage can lead to a bad faith claim and serious financial gains for the insured and penalties for the insurer.

Contact Weatherby Law Firm, P.C. Today!

We have experience in insurance coverage, personal injury, wrongful death, catastrophic injury, truck accidents and more. We offer our clients dedicated legal representation. Contact our office via phone at 404-793-0026 or our online contact form.

Disclaimer: The use of the internet or this form for communication with the firm or ay individual member of the firm does not establish an attorney-client relationship.  Confidential or time-sensitive information should not be sent through this form.

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