WHAT TO DO WHEN YOU ARE IN A CAR WRECK:

 WHAT TO DO WHEN YOU ARE IN A CAR WRECK?  As a personal injury attorney for The Griffin Law Firm, P.C. [ www.griffinlawfirmpc.com - 404-303-8400] I am asked this question daily.  How you conduct yourself at the accident scene can play a vital role in the outcome of your case. 

 FIRST STEP - GET CONTACT INFORMATION FOR WITNESSES:  Immediately get all of the names, addresses, and telephone numbers of any witnesses at the scene.  Everyone is busy and often people do not want to wait for the police to come.  This is your only opportunity to get the witness information.  For change lane cases or for collisions at intersections, witnesses can make all of the difference.  Without a witness the insurance companies that represent the negligent driver will often take there insured’s word for it and deny the claim.  The burden of proof is on the injured party so getting the witness contact information may make all of the difference.

SECOND STEP - CALL THE POLICE:   No matter how trust worthy and apologetic the negligent driver is always call the police.  The police report will document the accident occurred and will have the officer’s opinion of who was at fault.  Without it your vulnerable.  A dishonest negligent driver could deny the collision occurred unless there is a police report.  This could mean that the negligent driver’s insurance company might deny liability.

THIRD STEP - TAKE PHOTOGRAPHS OF THE SCENE OF THE COLLISION:  I strongly recommend that you take photographs of all cars involved immediately after the collision.  This can be done by buying a disposible digital camera and carrying it in your car at all times.  These photographs preserve the evidence that could be needed to prove you were not at fault.  Many times the vehicles are moved to clear the roadway so these photographs could help with officer know what happened and our firm help prove your case.  These photographs also are very valuable in showing the property damage to your car and the negligent driver’s car.  Photographs which show substantial property damage can greatly increase the value of your claim.  Jurors are very motivated when they see wrecked cars which show a lot of damage.   Their nature thought when they see a demolished car is “how could anyone have survived that!”  This is a great weapon for our firm to use in settlement negotiations and / or if the case is tried.

 FOURTH STEP - CALMLY TELL THE POLICE WHAT HAPPENED:  Make sure you keep your cool when speaking to the police officer.  If you are injured, let the police officer know it.  He will typically note if you were injured in the police report.  Adjusters will often use it against you if the police report states you were not injured.  If you had to move your car, then show the police officer your photographs so he can see where the cars were.  If you have witness information of witnesses that did not stay, give it to the police officer.

 FIFTH STEP - GET THE NEGLIGENT DRIVER’S INSURANCE INFORMATION AT THE SCENE AND TAG NUMBER:   I recommend that you get the negligent driver’s name and insurance information immediately after the collision.  I also recommend that you write down the negligent driver’s tag number and driver’s license information if you can.  The police often will not give you the insurance information and will tell you it will be on the police report.

 SIXTH STEP - GET MEDICAL TREATMENT IF NEEDED:   If you are injured, then you should get medical treatment as soon as possible.  Delays in seeking medical treatment are often used by adjusters to argue you were not really hurt do to a gap in treatment.  The longer the gap in treatment the stronger the adjuster will argue this.  If you have serious injures, then you should seek treatment at the emergency room.  If you do not wish to go to the emergency room, then seek treatment from your family doctor or a medical doctor or chiropractor.  If our clients need help finding a doctor, then our firm can help you find a good doctor in your area.  If you have health insurance or med pay coverage, then use it.  This usually means that you will net more money in your settlement.  If our clients need a doctor to treat you on a  lien (no payment needed until the case settles), then our firm can help arrange this as well.

SEVENTH STEP - CALL THE GRIFFIN LAW FIRM ASAP SO WE CAN ADVISE YOU AND PROTECT YOUR RIGHTS IMMEDIATELY:  The most important step is to call our firm [404-303-8400 or http://www.griffinlawfirmpc.com/] as soon as possible.  We can make sure your property damage issues are resolved.  We can help you get the treatment you need.  We can do everything possible to maximize your recovery to make sure you are fairly compensated for your past and future medical expenses, past and future lost wages, and past and future pain and suffering.

Written by Richard S. Griffin, Attorney at Law.  http://www.griffinlawfirmpc.com/  or richard@griffinlawfirmpc.com

UNINSURED MOTORIST AND MED PAY IS ESSENTIAL!

WHAT IS THE PROBLEM WITH LOW LIABILITY POLICY LIMITS?  There is nothing sadder than explaining to a client with a catastrophic injury that the liability policy limits are all we can get and that the limits are only $25,000.  My job as a personal injury attorney is to maximize my client’s recoveries.  Unfortunately, Georgia only requires $25,000 / $50,000 as the minimum liability coverage required by law.   This means that the most any one individual can recover against a minimum coverage liability policy is $25,000.  The most the liability insurance company could have to pay for any one accident regardless of how many people are injured is $50,000.  This should be changed by the Georgia politicians to at least $50,000 / $100,000.  Obviously since many people live beyond their means and have large debt, they need to save money where they can.  To save money many drivers elect to have the bare minimum of $25,000 / $50,000 in liability coverage. 

HOW COULD THE MINIMUM COVERAGE AFFECT YOU?  This means that if you suffered a fractured hip or other serious injury and had medical bills of  over $50,000 from a surgery with hospital stay your recovery against the liability carrier may be limited to only $25,000.  This does not even cover your medical bills in this scenario, and you would be faced with paying for the remaining medical bills even though you were not at fault in the car wreck.  Recovering from the personal assets of negligent drivers is theorectically possible, but drivers who have minimum coverage almost never have assets to attach.   Most people who drive with minimum coverage have minimum assets and usually have liens against their house and car such as mortgages and car loans.

 WHAT CAN YOU DO TO PROTECT YOURSELF?  There is a simple solution.  Call your insurance agent and add $50,000 or more of Med Pay coverage and add $250,000 / $500,000 of (UM) Uninsured or Under-insured motorist coverage.  This would mean that your medical bills would be paid and you would still have $250,000 or more of uninsured or under-insured motorist coverage.  Under the hypothetical of a fractured hip from a car wreck, if you hired The Griffin Law Firm, P.C., you could recover the policy limits from the liability carrier.  Your medical would be paid by your med pay coverage and not out of your settlement.  And then we could pursue the remaining policy limits on your UM (uninsured motorist coverage).  Under-insured motorist coverage would be based on how much UM coverage you purchased above and beyond the liability policy limits.  UM and Med Pay coverages are relatively inexpensive, but they will make a world of difference if you have a catastrophic claim.

FREE SETTLEMENT EVALUATION:  Call my firm today at 404-303-8400 or visit our website at www.griffinlawfirmpc.com for a FREE CONSULTATION or just to find out what your case is worth. 

TORT REFORM’S IMPACT ON MEDICAL MALPRACTICE

The Tort Reform laws passed in Georgia have made it very difficult to find an attorney willing to accept any medical malpractice claims that are not catastrophic in nature.  Because the cost of litigating medical malpractice claims is enormous, medical malpractice attorney’s have traditionally been very selective about which cases they would take.  Now with Tort Reform which capped the pain and suffering on all Georgia medical malpractice claims at $350,000, it does not make sense for attorney’s to take any medical malpractice claims that do not involve catastrophic injures.  The cost of litigation can be high and range from $50,000 to $100,000 or more so unless the future medical expenses are extremely high, it is often very hard to find a medical malpractice attorney.  Jury verdicts against doctors are also very hard to obtain since jurors often feel that the doctors are trying to help us and are doing the best they can.  Tort Reform appears to be continuing in today’s political environment and will likley spread into the other areas of personal injury beyond medical malpractice with caps on damages and other limits on liability. 

Richard S. Griffin, Attorney At Law.   www.griffinlawfirmpc.com or call 404-303-8400 ext. 210.

Personal Injury Attorney To the Rescue!!!

 

 

 

My name is Richard S. Griffin, Attorney at Law.  My firm is The Griffin Law Firm, P.C.  We specialize in handling personal injury, wrongful death, worker’s compensation, and social security disability claims.

In this blog I will evaluate legal issues of interest to me.   I am also always willing to provide a free legal consultation about potential injury claims that you may have.  I can be reached at 404-303-8400 or at www.griffinlawfirmpc.com or email to richard@griffinlawfirmpc.com.