Personal Injury

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.

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.

If you are in a car crash on an Atlanta road or highway, you probably have a million thoughts racing through your head. Who will fix my car? What if I can’t work?

Deciding who is at-fault for a collision usually determines whose insurance policy should cover the damage to vehicles as well as medical costs.

This can be a confusing process, but knowing what to do in the immediate aftermath and seeking proper legal help can make a huge difference in your ability to recover full compensation for your injuries or protect your assets.

Here is a short guide to determining fault after a car accident in Georgia and what to do after one occurs.

Auto Insurance and Accident Claims

Georgia is one of the states that does not use the no-fault approach to auto accident liability. 

In a no-fault system, generally, each driver must first file a claim with their personal injury protection (PIP) policy for the full amount of damages. Then, the driver who is not at fault or is less at fault can sue the at-fault driver only for damages the policy doesn’t cover. 

Georgia does not use this approach. Instead, in Georgia, a person injured in an accident may sue the at-fault driver for the full amount of damages, regardless of their insurance coverage.

These damages can include medical bills, personal property damage, lost wages, pain and suffering, and others, depending on the circumstances. The key is proving that the other driver was negligent, you were damaged, and the negligence caused the damage. You generally can’t recover for pre-existing or unrelated issues.

Georgia’s Negligence Approach: Comparative Fault

Another issue that affects car accident liability is that Georgia follows the modified comparative fault rule for accident compensation.

This rule prohibits a person found to be 50% or more at-fault in the collision from pursuing damages from the other driver. This means that establishing fault percentages after a collision can make all the difference. Even if the other driver was 50% at fault, if the injured party was 50% at fault, there is no recovery.

Establishing Fault and Seeking Compensation

Because of Georgia’s laws regarding damages and insurance liability, properly establishing fault is a key to an injured person receiving compensation.

In many cases, proving fault can be challenging. There are multiple circumstances that can make what appears to be a straight forward rear-end car accident, for example, more challenging.

This is why it is important to seek the help of an experienced personal injury attorney. 

An attorney can help you gather the right evidence to prove the other party’s liability, including pictures, police reports, medical bills, and other important documentation. They can also represent your interests in settlement negotiations or litigation against the other party and their insurance company.

Even if you believe liability is a slam dunk, an experienced car accident attorney can review the facts and provide expert analysis. If you’re the injured party, there may be a fact you missed. If you’re the at fault driver, there may be a defense you didn’t see.

Contact Weatherby Law Firm, P.C. Today

At Weatherby Law Firm, P.C., we proudly represent Georgians in a variety of personal injury matters, including wrongful death, catastrophic injury, truck accidents, class actions, and professional malpractice from our office in Atlanta. We specialize in catastrophic personal injury claims and offer high-quality legal representation backed by integrity, strength, and charm.

We have extensive experience representing the seriously injured, as well as reputable businesses. This diverse experience gives you unique insight, experience, and credibility. We will make sure to put you in the best position possible under the circumstances. Contact our office via phone at (404-793-0026) or fill out our online form to schedule a free initial consultation.

Determining who is at fault in a car accident is not always straightforward. While there are some basic rules of fault, determining who is at fault often depends on the facts of your case. In Georgia, a driver who causes an auto accident is responsible for damages reasonably related to and caused by the truck or auto accident.

If you’ve been in an auto accident and have questions surrounding fault, you should speak with a Georgia accident attorney today.

Basic Rules of Fault in Georgia

In any car accident, general rules of fault exist to guide the parties involved. Generally, a person is at fault for causing an accident when:

• They drove negligently, such as holding their phone while driving;
• He or she broke a traffic law, such as speeding, that resulted in the accident;
• Their car was in a defective condition, which caused the accident; and
• In rear-end accidents, he or she was the driver who rear-ended the other driver.

However, the basic fault rules do not apply to all car accidents. For example, it can be difficult to determine who was at fault when one driver was using their phone and the other was speeding. In many cases, the fault may lie on both sides.

You should contact a Georgia accident attorney today to understand whether you could be deemed at fault for causing your accident.

Who Determines Fault in a Georgia Car Accident?

Insurance adjusters often make the initial determination of who is at fault in a car accident. Insurance adjusters tend to decide fault because people involved in car accidents submit claims through their insurance company. Evidence that insurance adjusters use to decide fault includes:

• The police report;
• Photos of the accident scene;
• Statements from the parties involved, including any witnesses;
• Photos of damages to the vehicles; and
• Weather conditions on the day of the accident.

However, an experienced auto accident attorney can place you in the best position to argue your case for fault. An attorney can challenge an insurance adjuster’s determination of fault and fight for a settlement.

Can Both Drivers Be at Fault in an Accident?

Under the rule of comparative negligence, both drivers can be at fault in an accident. Comparative negligence reduces the damages a person can recover based on their percentage of fault.

Georgia is a modified comparative negligence state, meaning that if a person is 50% or more at fault for causing the accident, he or she cannot recover any compensation. However, if a driver is less than 50% at fault, his or her percentage of fault reduces their damages. 

For example, if a driver suffered $100,000 in damages but was 30% at fault, he or she would recover $70,000. If the other driver was 70% at fault, he or she could not recover any damages because their degree of fault was over the 50% threshold.

Contact Our Georgia Auto Accident Lawyers at Weatherby Law Firm, P.C.

If you’re the victim of an accident in Georgia and are having issues regarding fault, contact our accident lawyers at Weatherby Law Firm, P.C. We work our cases from beginning to end with a hands-on approach.

Contact us today to schedule your consultation.

Atlanta Car Accident Lawyer Explains Insurance Letters and What They Mean

An insurance company sent my client a letter today. That sounds good on paper, but it’s not that good if you know the ins and outs of the law. The letter reads as follows. “If you agree to protect us, we will discount our lien by 25% if the case is settled or one-third if the case goes to trial,” and it says, “Just sign here agreeing to that.”

Well, while it sounds like they’re giving you some great discount, in actuality, the vast majority of insurance plans will have to accept a bigger discount than 25% or even one-third of their lien. That’s because, in Georgia, the majority of insurance plans have to prove that the plaintiff has been fully and completely compensated. That’s hard to do when you’re dealing with pain and suffering, and it requires a whole other lawsuit even if you want to do it.

Now, there’s one exception, and that is a federally funded ERISA plan. That’s going to be when generally you’re a part of a bigger organization or company that has a lot of people paying in, like a teacher’s union or something like that. I’ve seen it in smaller companies, too, but it’s just not as common. In that case, a 25% reduction is a big deal, because it’s governed by federal law, not state law, and the benefits to the consumer are just not as big.

However, if you get a letter like this, it’s just one of the reasons why you need to consult with an attorney who knows what they’re talking about. It sounds good on paper. It’s not that good in practice.

Whiplash may occur when your head is quickly and forcefully moved forward and backward. Whiplash often happens during vehicle accidents when you are rear-ended. Most of the time, whiplash symptoms appear immediately or shortly after a car accident. In some cases, the symptoms may appear days after the accident. It is important to seek medical treatment after being in a vehicle accident because injuries, like whiplash, may have a delayed onset.

If you’ve been involved in a vehicle accident with whiplash, you should contact a skilled Atlanta accident attorney today.

What Is Whiplash?

Whiplash is a forceful, rapid, back-and-forth movement of the neck.

It is similar to the movement involved with casting a fishing rod.

Whiplash may take time to set in. Some of the symptoms of whiplash can include:

• Neck pain and stiffness;
• Loss of the range of motion in your neck;
• Worsening pain when moving your neck;
• Pain in your shoulder, upper back, or arms;
• Headaches;
• Fatigue;
• Dizziness; and,
• Blurred vision.

Whiplash can injure bones in your spine, nerves, and tissues in your neck, and discs between your spinal bones, muscles, and ligaments. If a person feels any of the symptoms of whiplash resulting from a vehicle accident, they must seek immediate medical attention. If the whiplash was due to the other driver’s negligence, the injured person should contact a reputable Atlanta whiplash attorney.

What Complications Can Result from Whiplash?

Depending on the severity of a whiplash injury, symptoms can disappear within a few weeks or could last for months or years. The vast majority of whiplash cases, thankfully, resolve within a few days or weeks. There are rare times when a person has long-term, chronic pain from whiplash. Additionally, long-term pain is more likely to result if you have the following symptoms:

• Severe neck pain,
• Pain that spreads to your arms, and
• A substantially limited range of motion in your neck.

Furthermore, factors that may worsen complications from whiplash include:

• A prior whiplash injury,
• Pre-existing neck or lower back pain,
• Degenerative or congenital conditions, and
• Older age,
• An accident with a severe impact, and
• An accident that occurred at high speeds.

To find out if compensation is possible for complications from whiplash, speak with an Atlanta accident lawyer today.

Why Do You Need an Atlanta Accident Attorney?

If you’ve been in a car accident in Georgia that resulted in whiplash, you will need an accident attorney to help you. If you are the injured person, because whiplash is not necessarily visible to the human eye, you’ll need to rely on statements from your doctor and your medical records. An experienced accident attorney will point to concrete statements in your records to show the seriousness of your whiplash injury and the effect it has had on your life.

If you are the at-fault driver, whiplash can be a serious injury, and you will need an experienced attorney to guide you.

How Can Our Atlanta Accident Attorneys at Weatherby Law Firm, P.C. Help You?

Our Atlanta accident attorneys at Weatherby Law Firm, P.C. are accomplished, accessible, and well-respected in the Atlanta area. We want to help you prove your case for compensation for whiplash from a car accident.

Unlike many law firms, we both prosecute and defend cases. As a result, we provide our clients with insight, credibility, and perspective that they can’t find at other firms. We’ll focus on your strongest arguments and strive to resolve your case as quickly as possible.

Contact us today to schedule your consultation.

Litigation is time-consuming and expensive. There’s no way to sugar coat it. Medical records, depositions, and court costs add up quickly. For a personal injury case, the expenses will likely be in the thousands of dollars. 

Most folks understandably don’t want to pay for litigation expenses on top of everything else. In a truck accident, brain injury, burn injury, pedestrian accident, or other types of contingency litigation, lawyers are able to pay for the expenses upfront, but they are required to be reimbursed for those expenses with the proceeds from the settlement.

The Georgia Rules of Professional Conduct express rules on what a lawyer can and cannot do ethically. 

Rule 1.8 states as follows: “A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: a lawyer may advance court costs and expenses of litigation, the repayment of which may be contingent on the outcome of the matter….” In some circumstances, such as when the client cannot pay for expenses and there is no pool of money (like a settlement) to reimburse the lawyer, the lawyer is permitted to pay for litigation expenses.

The rule has practical roots. Litigation is expensive, and a lawyer and a client are best served by being equally invested in the litigation expenses. A lawyer is invested in not over-expending on a case that may result in no recovery.

A client is likewise invested in keeping expenses low as they will be taken out of the settlement in the end.

Throughout the litigation, we keep our clients informed about expenses.

We discuss the real-life implication that taking a deposition, hiring an expert, or purchasing demonstrative evidence has on the case and the recovery.

Some expenses are necessary and important to maximize the value of the case. Others may not be worth the expense.

We keep our clients informed, so they know what to expect and why we make the decisions we make.

Typically, at the end of a case, a lawyer will provide a settlement disbursement schedule to the client. This schedule will show the client the total settlement, the amount of itemized expenses, the amount of attorney’s fees, any other expenses (like liens), and the total to the client. Our settlement disbursement schedule typically looks like this:

SETTLEMENT DISBURSEMENT SCHEDULE

Settlement amount: …………………………………………………………     $XXXXXX

Less attorney fees: …………………………………………………………     ($XXXXXX)

Net settlement proceeds: ……………………………………………………     $XXXXXX

Less expenses (see below for breakdown) …………………………………  ($XXXXXX)

Less lien payment ……………………………………………………………    ($XXXXXX)

Payment to Client …………………………………………………………….    $XXXXXX

I understand and agree with the above-referenced breakdown.

This ____ day of ____, 20___.

______________________________

Client Signature

At the end of our case, we sit down with our clients and go through this schedule in detail. We want to make sure that the client understands where the settlement funds are going and why. 

Many law firms are set up to service as large of a number of clients as possible with as little overhead as possible. Generally speaking, attorneys demand higher compensation than a case manager. Because of this, plaintiffs firms (like those that advertise) use case managers to chaperone the cases. This means that clients at these firms will speak with a case manager and paralegal rather than an attorney. Don’t feel too bad. They even do this to opposing counsel in lawsuits!

While there are certainly capable case managers out there, most clients want to speak to the lawyer that they hire. At Weatherby Law Firm, P.C., we take a limited number of cases so that we can provide personal service to our clients. When our clients call, they speak with us, their attorneys, not a case worker or paralegal. 

In order to provide this service, we focus on serious injuries only. We specialize in Atlanta truck accidents, bike accidents, brain injuries, spine injuries, amputations, and similar serious injuries. We have extensive experience in these areas. We have the resources necessary to litigate them. And, we value helping those who need it most.

If you want to speak with your attorney directly, ask them. If you can’t get ahold of them, consider changing to a smaller firm that focuses on personal service like us. At our firm, we specialize in truck wrecks, fatal accidents, wrongful death, bike accidents, catastrophic injury, and class actions.

This depends on whether the lawyer is working for the plaintiff (the injured person) or the defendant (the person claimed to be at fault). 

Fees for a Plaintiff: When working for an injured person, the plaintiff’s attorney is generally paid on a contingent fee basis. A contingent fee means that the fee is “contingent” on the outcome of the litigation. If the litigation results in recovery, the attorney receives an agreed-upon percentage of the recovery. If the lawsuit results in no recovery, the attorney receives nothing. This is why you see a lot of advertisements that say “no fee unless you win” or the like. This means that the lawyer is receiving a percentage of the outcome of the lawsuit.

In general, percentages for personal injury cases vary between 1/3 to 1/2 of the recovery. The amount of the percentage depends on a number of factors. One of the key factors is the amount of work involved. A lot of lawyers increase their fees based on the stage of litigation. If the claim is settled pre-suit, for example, there will generally be a lower percentage than if it is settled after suit is filed. Other factors include the facts of the case, the likelihood of recovery, the expense involved, the risk involved and more. 

These percentages are at this level because there are significant risks for a plaintiff’s attorney. The attorney usually fronts the expenses for the case (which is typically in the many thousands of dollars). The attorney also usually works for a long time before receiving payment. If the case goes poorly, the attorney may lose significant resources in expenses and lost time. At the outset of your relationship, the attorney should explain to you the contingent fee contract and how it may affect your case.

Fees for a Defendant: When representing a Defendant, the fee is usually paid on an hourly basis. This means that the attorney will bill the Defendant hourly for the work incurred at an agreed-upon hourly rate.The various hourly rates are too many to list. It depends on the size of the firm, the size of the client, the amount of work estimated, the location of the lawyer/client/lawsuit, and the experience of the lawyer, among others. It will almost certainly be in the hundreds of dollars per hour. The lawyer will generally send bills to the client at an agreed-upon interval, every month or every few months. 

A defense attorney may require a retainer to begin work. A retainer is an amount of funds that the client advances toward the defense of the case. The lawyer, then, bills toward the retainer. When the retainer reaches a certain level, the lawyer may request that the retainer be replenished to continue work. The amount of the retainer varies significantly and depends on a number of factors, like those detailed above for hourly work.

There is a third type of defense arrangement, which is a fixed monthly rate. This is the least common arrangement and often used only by insurance companies or other businesses with significant, consistent litigation exposure. This is because the monthly fee only makes sense if litigation is consistent.There are a lot of different fee arrangements depending on the facts and circumstances of your case. Please contact us today for a free consultation on your legal issue.

When you are involved in a serious accident, whether it is a car accident, truck accident, pedestrian accident etc., there are often a lot of personal injury medical bills. If you are fortunate enough to have health insurance, all of your medical bills should be submitted to your insurer if at all possible. This is because, at the end of your case if you receive a settlement, you will have to pay for the medical treatment you received.

Rights of Health Insurers Under Georgia Law

Under Georgia law, in general, a health insurer has weaker rights to recover medical expenses paid than a hospital or doctor directly. O.C.G.A. § 33-24-56.1 (b) states as follows:

In the event of recovery for personal injury from a third party by or on behalf of a person for whom any benefit provider has paid medical expenses or disability benefits, the benefit provider for the person injured may require reimbursement from the injured party of benefits it has paid on account of the injury, up to the amount allocated to those categories of damages in the settlement documents or judgment, if:

(1) The amount of the recovery exceeds the sum of all economic and noneconomic losses incurred as a result of the injury, exclusive of losses for which reimbursement may be sought under this Code section; and

(2) The amount of the reimbursement claim is reduced by the pro rata amount of the attorney’s fees and expenses of litigation incurred by the injured party in bringing the claim.

In simple terms, this means that the insurer can recover funds only if the insurer can prove that the patient received more money than the claim of medical expenses and pain and suffering was worth. This is a tough road to hoe. Accordingly, in general, you will have to pay the health insurer less money out of pocket from your settlement.

In addition, the health insurer has negotiated rates with its medical providers that are lower than uninsured rates. This means the total amount owed will also be lower, making the amount you pay back less too.

Exceptions for ERISA Plans

There are exceptions to this rule, like with an ERISA employee-funded plan. ERISA plans are governed by Federal Law, and the plan terms often require full reimbursement. There still may be some arguments about the reasonableness of the charges or other arguments to reduce the amount owed. However, in general, a patient will be required to repay an ERISA plan more funds than a state-regulated insurer.

What if You Are Uninsured?

If you are uninsured, then the hospital or medical provider may provide treatment on a “lien.” Just like a contractor has a lien on their work on a home, a medical provider will have a lien on the treatment they provide. Sometimes the medical provider will require you to personally sign an acknowledging the lien. Other times, they will simply file the lien with the County or otherwise make you aware of it. In most cases, unless the medical provider messes up its lien rights, you will be paying back something to the provider. It will typically be more than an insurer due to the stronger rights of the provider and higher charges on the front end.

Can an Attorney Pay for Medical Bills?

In general, an attorney cannot pay for medical bills, in Georgia, except in very limited circumstances for diagnostic and related treatment. Because of the risk of a conflict of interest, most lawyers are hesitant to advance even those payments. In our experience, juries do not like it when a lawyer is involved in the medical care of a client.

Navigate Personal Injury Medical Bills with Legal Assistance

A knowledgeable Georgia attorney, like us, can help you navigate all aspects of your case, including these. We specialize in Atlanta truck accidents, bike accidents, brain injuries, spine injuries, amputations, and similar serious injuries.

If you or a loved one has been involved in an accident resulting in a serious (what we in the law label “catastrophic”) injury, one of the most challenging conversations to have with an attorney is the potential for recovery in your case. The most important thing is for you to get better, and, at the same time, there is a need to assess your ability to recover money for your injuries honestly. How do you do that?

We often use the analogy of a three-legged stool. For a stool to stand, it needs at least three legs. Similarly, a personal injury case (regardless of whether it is a brain injury, trailer wreck, bike accident, spine injury, or fatal accident case) requires three things.

Liability

The accident must be due to someone else’s fault. For most catastrophic injury cases, the other party is required to have done something wrong for you to recover. This is not true for certain product liability cases, where there is “strict liability” or liability just because the accident happened. However, in a typical Atlanta tractor-trailer accident, for example, the truck wreck must have been caused by the truck driver for there to be a recovery.

Damages as a Result of the Accident

The accident must have resulted in some injury to you. Having an accident, by itself, is not enough to recover financially from another party. There must be damages. In a personal injury case, this means there must be something physically that happens to you, as a result of the accident. For example, in an Atlanta brain injury case, the damage will be the diminished mental function, lost wages, medical expenses, and quality of life, of the plaintiff as a result of the accident.

Solvency

The Defendant must have a resource that the plaintiff can recover. There is nothing sadder in our practice than when a person who is really hurt or a family of a wrongful death accident comes to us, and the Defendant has no source of recovery. Unfortunately, the Defendant has to have some funds (like insurance or property) for the plaintiff to recover.

If any of these three “legs” are not present, the personal injury case (like a stool) cannot stand. If you think you have a truck wreck, fatal accident, pedestrian accident, bike accident, or catastrophic injury case, a knowledgeable Georgia attorney needs to review it to tell you for certain what you can and cannot likely recover.