If a personal injury claimant fails to notify the UM insurance carrier within the time period required in the auto policy, then the UM coverage is denied. This can be a very expensive mistake if a personal injury claimant fails to properly and timely notify all of the UM carriers that cover a personal injury claim.  For example, many insurance company’s policies in Georgia require notification of UM claims within one year of the accident date.  This deadline can vary and is controlled by the terms of each auto insurance policy.  There is also a Statute of Limitations of 2 years from the date of the accident for most personal injury claims in Georgia.  The best way to protect your rights and to recover the full value of your personal injury claim is to hire a personal injury attorney who knows how to properly handle personal injury claims.

UM personal injury claims can arise from any of the following accidents:

1. auto accidents;
2. truck accidents;
3. motorcycle accidents;
4. pedestrian accidents; and
5. bicycle accidents.

Since it can be complicated to identify all of the insurance policies that cover a personal injury claim, Attorney Richard Griffin strongly advises that personal injury claimants hire an experienced personal injury lawyer as soon as possible. It is also very, very important to let your personal injury attorney know about all of the UM auto policies in your household since there can be UM coverage based on all of the auto insurance policies for all of your relatives who live at your residence.  Without proper notice as required by the UM auto policy, you will loose your right to recover the UM (uninsured or under-insured) motorist coverage.  This could be a costly mistake.

For a free consultation, call 866-847-6545 or submit your case to

FREE CONSULTATION AND SETTLEMENT EVALUATION:

INSURANCE STUDY:  DO YOU RECOVER MORE IF YOU HIRE AN ATTORNEY?    The insurance companies hired the Insurance Research Council to perform a study to determine if personal injury claimants recovered more with or without an attorney.  The study found that personal injury claimants with an attorney recover on average 3.5 times more than those who went it alone.  These results are bad news for the insurance companies since the cat is out of the bag that hiring an attorney pays dividends.  This is good news of course for personal injury claimants since it is clear that hiring an attorney results in much better settlements and verdicts than representing yourself.

ATLANTA PERSONAL INJURY ATTORNEY BELIEVES HIRING AN ATTORNEY USUALLY INCREASES THE RECOVERY EVEN MORE THAN 3.5 TIMES:     Attorney Richard Griffin has handled thousands of Atlanta personal injury claims and can think of many, many examples where the personal injury claimant was being offered little or nothing and after hiring him they recovered thousands.  In one premise liability personal injury case his client was crushed by a refrigerator that was installed without the anti-tilt kit.  The client attempted to represent herself and was offered nothing.  After hiring The Griffin Law Firm, P.C. the insurance adjuster offered $50,000.  In light of the medical expenses of $120,000 this offer was far too low.  When the case was tried a jury later awarded $1,000,000.  Every case is different, but the one constant is that hiring an attorney better protects your rights and greatly increases your chances of being fully compensated for your personal injury, wrongful death, worker’s compensation, or social security disability claim.

WHY DOES HIRING AN ATTORNEY MAKE SUCH A BIG DIFFERENCE?

1. Jury Verdict Research:   Personal injury lawyers can use their experience, as well as, jury verdict research to truly know the likely value of your case.  This can make negotiations far more successful.
2. Litigation:  Personal injury attorneys can litigate when needed to hold the adjuster’s feet to the fire.  Sometimes adjusters and defense attorneys dig in their heels with unreasonably low offers.
3. Stacking Insurance Policies:   Personal injury attorneys know who to identify and recover all of the insurance policies that may cover your personal injury, wrongful death, or worker’s compensation claim. 

WHAT TYPES OF ACCIDENTS ARE PERSONAL INJURY CLAIMS OFTEN INVOLVING?

1. car accidents;
2. truck accidents;
3. motorcycle accidents;
4. pedestrian accidents;
5. premise liability accidents;
6. slip and fall accidents;
7. dog bites;
8. negligent security attacks.

HOW CAN YOU GET A FREE  CONSULTATION?      You can call our firm at 866-847-6545 for a free consultation or you can submit your case to us via the following link for a free case evaluation for your personal injury, wrongful death, social security disability, total loss property damage, and diminished value property damage claims:

FREE CASE EVALUATION:

What are punitive damages and when are they usually available in personal injury claims?

Is there punitive damage exposure when the personal injury defendant was talking on the cell phone when the accident occurred?  This legal issue was decided by the Georgia Court of Appeals in Lindsey v. Clinch County Glass Inc. No A11A1313 (an Atlanta auto accident personal injury lawsuit).  The court in this opinion ruled that talking on the cell phone when a car accident occurred does not create punitive damage exposure.  Even though the ruling in this case is being appealed the Supreme Court of Georgia, but it will probably not be overturned.  The argument that was made in this case to support punitive damages was that there are numerous studies which have proven that drivers who are talking on a cell phone while driving are as dangerous as drunk drivers.  If this premise is true, then it follows that a driver made the conscious decision to drive while talking on the phone which is known to place others at risk of serious injury or death.

Did the court rule on the issue of whether texting and driving could create punitive damage exposure?  This issue was not addressed in this case.  However, it stands to reason that the argument for punitive damages if the negligent driver was texting when the accident occurred would be far stronger since texting is even more dangerous and is against Georgia law.

How can a personal injury claimant get a free legal consultation?    If you have a personal injury, wrongful death, worker’s compensation, or social security disability claim, then you can call The Griffin Law Firm for a free consultation at 866-847-6545 or submit your case for a free case evaluation at [FREE CASE EVALUATION LINK].  Attorney Richard Griffin has specialized in injury claims since 1994 and has been recognized as an expert in these practice areas.

—————————————————————————————————————

LINDSEY v. CLINCH COUNTY GLASS INC

LINDSEY et al. v. CLINCH COUNTY GLASS, INC. et al.

No. A11A1313.

– September 14, 2011

John Craig Cotton, Saleem David Dennis, for Lindsey.William H. Hedrick, for Clinch County Glass, Inc.

Appellants Rebecca Joyann Lindsey and Ted Lindsey brought suit against appellees William Holtzclaw and Clinch County Glass, Inc. after Holtzclaw’s truck collided with Rebecca Lindsey’s vehicle while she was stopped at a red light, causing her to strike the vehicle in front of her. In addition to seeking general and special damages for Rebecca Lindsey’s alleged injuries and loss of consortium, the Lindseys also asserted a claim for punitive damages. The defendants filed a motion for partial summary judgment on the punitive damages claim, and the trial court granted the motion as to that claim only. The Lindseys appeal.

The pertinent facts are undisputed. At the time of the accident, Holtzclaw was the principal of Clinch County Glass, which is a glass installation company. Holtzclaw spent about eight to ten hours of his working day driving; he traveled approximately 100,000 miles a year. Holtzclaw often used his phone while driving and had installed a desk in his truck and mounted his phone on the desk, allowing him to talk hands free into a speakerphone.

At the time of the accident, Holtzclaw was driving his truck to meet a contractor and had started manually searching for a number to call after completing another call. Because he was being inattentive, he failed to notice that traffic was stopped at a red light in front of him until it was too late to avoid colliding with Rebecca’s car. Holtzclaw admitted to the responding officer that he was looking for a number on his phone at the time of the collision and not paying attention; defendants admitted being at fault for the collision in the answer they filed to the complaint.

In Georgia, “[p]unitive damages may be awarded only in such tort actions in which it is proven by clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.” OCGA § 51–12–5.1(b). And it is well settled that “negligence, even gross negligence, is inadequate to support a punitive damages award․ Something more than the mere commission of a tort is always required for punitive damages. There must be circumstances of aggravation or outrage.” (Punctuation and citations omitted.) Brooks v. Gray, 262 Ga.App. 232, 232–233(1) (585 S.E.2d 188) (2003). In cases involving automobile collisions, punitive damages are authorized when the accident results from a pattern or policy of dangerous driving, such as excessive speeding or driving while intoxicated, but not when a driver simply violates a rule of the road. Id.; Miller v. Crumbley, 249 Ga.App. 403, 405 (548 S.E.2d 657) (2001); Carter v. Spells, 229 Ga.App. 441, 442 (494 S.E.2d 279) (1997).

The Lindseys argue that the evidence that Holtzclaw frequently used his mobile phone while driving although he knew it was dangerous, as demonstrated by the fact that he instructed company employees not to talk on their mobile phone while driving, coupled with the fact that he admitted that he was distracted by looking up a number on his phone at the time of the collision, would authorize a jury to find the requisite pattern or policy of driving dangerously. The Lindseys also argue that defendants conceded in their trial court brief that several studies have shown that talking on a mobile phone while driving is dangerous, perhaps as much or more dangerous than driving while intoxicated.

In Georgia, the proper use1 of a wireless communication device while driving does not constitute a violation of the duty to exercise due care while operating a motor vehicle. OCGA § 40–6–241. Although Holtzclaw admitted that he was not paying attention because he was distracted by looking up a number and thus was not exercising due care at the time of the accident, as stated above, mere negligence, even gross negligence, is not enough to support a claim of punitive damages; there must be clear and convincing evidence of a pattern or policy of dangerous driving. Brooks, 262 Ga.App. at 232. In this case, there is no evidence that Holtzclaw was speeding, driving while under the influence, or that he had a history of distraction-related accidents, traffic violations, or other evidence that would show a pattern of dangerous driving or other aggravating circumstances so as to authorize an award of punitive damages. Brooks v. Gray, 262 Ga.App. at 233–234 (crossing center line and operating vehicle without a proper license did not warrant imposition of punitive damages); Miller v. Crumbley, 249 Ga.App. 405 (no evidence of pattern or policy of dangerous driving where tortfeasor failed to keep a proper lookout and pled guilty to following too closely). Compare Langlois v. Wolford, 246 Ga.App. 209, 210(1) (539 S.E.2d 565) (2000) (punitive damages authorized where tortfeasor left the scene of an accident, was intoxicated, and had a history of prior DUI’s and traffic violations). Although there was evidence that Holtzclaw had a pattern of regularly talking on his mobile phone while driving, as stated above, the proper use of a cell phone while driving is permissible in Georgia, and thus the evidence of mobile phone use did not, without more, establish a policy or pattern of dangerous driving. However, in so holding, we would stress that our opinion in this case should not be read for the proposition that punitive damages are never available in a case where a driver causes an accident because he or she was distracted while talking on a wireless communication device.But in this case, where there is no evidence of a policy or pattern of dangerous driving or other aggravating circumstances, the trial court correctly granted partial summary judgment to the defendants on plaintiffs’ claim for punitive damages.

Judgment affirmed.

FOOTNOTES

1. Subject to certain exceptions, reading, sending or writing text based communications while driving is now prohibited in Georgia, OCGA § 40–6–241(2), and drivers under age 18 are prohibited from all forms of wireless communication while driving, except in certain specified situations. OCGA § 40–6–241.1

ADAMS, Judge.

BARNES, P.J., and BLACKWELL, J., concur.

Representing yourself in a personal injury claim is risky:

After the proper request for policy limits was sent to the liability adjuster pursuant to O.C.G.A. Section 33-3-28(a) were sent, the liability adjuster produced a written policy limits declaration page that revealed the policy limits were actually $50,000.  This makes a huge difference in this motorcycle personal injury claim.

How much money was this personal injury claimant about to loose if he settled his motorcycle accident claim for $30,000?   Motorcycle accident lawyer Richard Griffin explained to his client that if he had settled for $30,000, he would have lost $20,000 of settlement dollars from the liability carrier.  However, the client was even more surprised when he understood that in additional to loosing the $20,000, he would have also lost his claim to an under-insured motorist policy of an additional $50,000.  The total loose if this personal injury claimant had settled his case for $30,000 would have be up to $70,000.  Clearly, hiring an experienced personal injury claim makes all the difference in increasing the net recovery clients receive for their claims.  Not having to pay an attorney fee is heavily outweighed by the huge loses personal injury claimants can easily make when trying to represent themselves.

How Can I get a free consultation or settlement evaluation:  Call Attorney Richard Griffin of The Griffin Law Firm today at 866-847-6545 for a free consultation or submit your case to the following link:   FREE CONSULTATION:

The information is free, but the advice is priceless.

Attorney Richard Griffin’s Video for this blog can be viewed on YouTube at the following link:   Video Blog – Policy Limits

What other links are available for Attorney Richard Griffin and The Griffin Law Firm?
(1) Facebook: Griffin Law Firm Profile
(2) Avvo.com: Attorney Richard Griffin Profile
(3) Linkedin: – Attorney Richard Griffin Profile
(4) Twitter.com: – Griffin Law Firm
(5) Justia.com – Attorney Richard Griffin Profile
(6) Youtube.com: – Griffin Law Firm
(7) SuperPages.com: – Attorney Richard Griffin Profile
(8) The National Trial Lawyers – Top 100 Trial Lawyers: – Attorney Richard Griffin Profile
(9) Client Testimonials – The Griffin Law Firm, P.C. and Attorney Richard Griffin

The above links, profiles, and awards are helpful in allowing clients to know that they are hiring a top rated lawyer for their case.

Profile listings, reviews, and awards for Attorney Richard Griffin and The Griffin Law Firm include:

(1) Facebook link to Griffin Law Firm Profile                     (Firm posts)
(2) Avvo.com link to Lawyer Richard Griffin Profile      (Awarded “Superb Ranking”)
(3) Linked In link to Lawyer Richard Griffin Profile        (Posts and firm and attorney profile)
(4) Twitter link to Griffin Law Firm                                         (Firm posts)
(5) Justia link to Lawyer Richard Griffin Profile                (Firm and attorney profile)
(6) YouTube link to Griffin Law Firm                                      (Firm videos)
(7) Superpages link to Attorney Richard Griffin Profile   (Awarded Rising Star Super Lawyer)
(8) National Trial Lawyers Top 100 Trial Lawyers link to Lawyer Richard Griffin Profile   (Awarded Top 100 Trial Lawyer)
(9) Client Reviews link to Griffin Law Firm and Attorney Richard Griffin

The awards and profiles linked above are useful tools for potential clients to learn more about Attorney Richard Griffin when deciding on an attorney for their case.
What kinds of cases does Attorney Richard Griffin handle:
(1) car accident personal injury claims;
(2) big truck accident personal injury claims;
(3) motorcycle accident personal injury claims;
(4) bicycle accident personal injury claims;
(5) pedestrian accident personal injury claims;
(6) wrongful death claims;
(7) worker’s compensation claims;
(8) social security disability claims;
(9) slip and fall premise liability personal injury claims;
(10) dog bite cases;
(10) negligent security personal injury claims;
(11) diminished value property damage claims; and
(12) total loss property damage claims.

How do I receive a free consultation or settlement evaluation about my case from The Griffin Law Firm?
(1) Free Phone Consultation: Please call 866-847-6545
(2) Email Consultation: Please use the following link: Free Case Evaluation

Atlanta Big Truck Accident

How do truck accident attorneys consistently get great settlements for their truck accident personal injury clients?

Personal injury attorney Richard Griffin believes that experienced big truck attorneys get great results for the following reasons:

(1) The truck accident lawyer investigates the truck accident thoroughly.

(2) The truck accident attorney document the damages.  Damages include medical expenses, lost wages, pain and suffering, and possibly punitive damages.

(3) The truck accident lawyer makes sure the evidence that supports their client’s claim is preserved and obtained for personal injury settlement negotiations or litigation.

(4) The truck accident attorney uses the “Rules of the Road and the Trucking Rules of the Road” to prove that the truck driver was at fault.

(5) The truck accident lawyer argues that the truck driver’s driving was negligent and was like playing Russian roulette with the safety of the other drivers on the road.

(6) The truck accident attorney helps their clients get the medical treatment they need through the use of health insurance doctor or medical liens or medical funding companies.

(7) The truck accident lawyer litigate when needed to make sure the recovery fully compensates their client’s for their truck accident personal injury claims.

What evidence does the truck accident attorney usually seek?

(1) The truck company’s incident report.
(2) Any videos or photographs made by the big truck driver at the accident scene.
(3) An investigation of the commercial truck’s “the black box” (an  electronic control module that stores information about how the truck was being operated).
(4) Photographing, measuring, and diagramming the accident scene.
(5) Investigate the truck company and the truck driver’s for past collision and safety violations.
(6) Get the fuel reports and receipts.
(7) Get copies of the internal safety policies and safety procedures.
(8) Get copies of all DOT reports.
(9) Get copies of the maintenance records for the truck.
(10 Get copies of the procedures the truck company uses to handle documents and reports.
(11) Get copies of the communications between the truck company and the truck driver for 6 months prior to the truck accident.
(12) Get copies of all information from all on board data recorders.
(13) Get copies of the facts noted in the trucking company’s investigation of the truck accident.
(14) Get copies of the photos and sketches from the accident scene.
(15) Get copies of the reports the truck company submitted to the Department of Transportation or any other government entity.
(16) Get copies of the written agreements or contracts between the truck driver and the common carrier.

What data is recorded in the “the black boxes”?
(1) The speed the truck’s governor is set to limit top speed
(2) Top speed the truck has been driven?
(3) The last three hard brakes (when the truck was reduced by at least 7 MPH in one second.

Why should you hire an attorney who specializes in handling big truck accidents?  Personal injury lawyer Richard Griffin of the Griffin Law Firm strongly recommends personal injury claimants hire a truck accident lawyer because big truck personal injury claims are complicated and more difficult to handle than most auto claims.  It is very, very important to hire a seasoned big truck accident lawyers as soon as possible after the collision.

How can I get a free consultation regarding my big truck personal injury claim?
You can call us at 866-847-6545 or visit our website at www.injuryatlanta.com for a free consultation regarding your personal injury, wrongful death, worker’s compensation, or social security disability claim.

FREE CONSULTATION

The episode featuring attorney Richard Griffin can be seen at the following link:

“Lawyer Talk” Features Personal Injury Attorney Richard Griffin

The show focused on personal injury claims that arise from many different types of accidents:
(1) auto accidents claims,
(2) truck accidents claims,
(3) motorcycle accidents claims,
(4) bicycle accidents claims,
(5) pedestrian accidents claims,
(6) slip and fall accidents claims,
(7) dog bites claims,
(8) negligent security claims,
(9) punitive damage claims (DUI and hit and run) claims, and
(10) other premise liability claims.

For your free consultation regarding your personal injury, wrongful death, worker’s compensation, or social security disability claim call866-847-6545  or submit your case via the link [FREE SETTLEMENT EVALUATION].

When will Attorney Richard Griffin of The Griffin Law Firm, P.C. be featured on the legal talk show, “Legal Talk”?

What is different about the “Legal Talk” show?   The “Legal Talk” show will feature different prominent Atlanta attorneys each with different specialties.  The show will bring a fresh approach to addressing legal issues that can affect us all.   Attorney Richard Griffin will be a frequently featured legal expert on this new legal talk show.

What topics will be covered by Attorney Richard Griffin during the upcoming “Legal Talk” show?
(1) Why is it important to hire a personal injury attorney?
(2) What damages can you recover in a personal injury claim?
(3) How can a personal injury attorney help their client get the medical treatment they need even if they do not have health insurance?
(4) Should you let the adjuster take your recorded statement about how the accident occurred and about your injuries?
(5) How can jury verdict research help get higher personal injury and wrongful death settlements?
What future practice areas will Attorney Richard Griffin of The Griffin Law Firm, P.C. address in upcoming Legal Talk shows?

What other shows has Attorney Richard Griffin also been a legal expert on?    Personal injury lawyer Richard Griffin has recently been featured on Autoscoop (host Adam Goldfein), Trustdale (host Dale Cardwell), and now Legal Talk (host Adam Goldfein).

What areas of the law does Attorney Richard Griffin practice?     Personal injury attorney Richard Griffin of The Griffin Law Firm, P.C. specialize in

1. Personal Injury Claims:   (auto accidents, big truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, slip and fall accidents, dog bite cases, and negligent security claims).
2. Wrongful Death Claims:
3. Worker’s Compensation Claims:
4. Social Security Disability Claims:
5. Diminished Value Property Damage Claims:
6. Total Loss Property Damage Claims:

How can I get a free consultation from Attorney Richard Griffin regarding my personal injury claim, wrongful death claim, worker’s compensation (on-the-job injury) claim, or social security disability claim?

1. Free Phone Consultation:   You can reach personal injury lawyer Richard Griffin of The Griffin Law Firm, P.C. at the following number  -  866-847-6545 .
2. Free Internet Consultation:  Submit your case with the following link:   [FREE CONSULTATION]

Personal Injury Lawyer Richard Griffin

Personal Injury Attorney Richard Griffin is regularly featured as a personal injury expert on the Trustdale Show:   Personal injury lawyer Richard Griffin of The Griffin Law Firm, P.C. was interviewed as the injury expert on the TrustDale Show again this week.  Gary Martin Hays (host of the legal segment) and Dale Cardwell (host of the TrustDale show) asked personal injury Attorney Richard Griffin about the following aspects of personal injury claims:

(1) How does it help to hire a personal injury attorney more shortly after the car wreck?
Attorney Richard Griffin explained that good personal injury lawyers will conduct a through investigation of the accident immediately as soon as possible. This generally includes taking the recorded statements of witnesses while the information is still fresh in their minds, as well as, taking photographs of the accident scene, property damage, and any visible injuries to the personal injury claimant.

(2) What does the insurance company do immediately after the accident is reported?
Personal injury lawyer Richard Griffin explained that the adjusters are trained to take recorded statements of the injured party as soon as possible. During this recorded statement the adjuster is hoping to get information from the personal injury claimant that will hurt their case. This could include statements regarding how the accident occurred or how the accident may have been prevented. Even worse, the adjuster sometimes will offer very small personal injury settlements in exchange for a General Release of all claims. Quick settlements can be a disaster for the injured party who may settle for pennies on the dollar of what the claim is worth.

Personal Injury Attorney Richard Griffin further explained that if you settle before your injures are fully treated and diagnosed, then you will never be fully compensated for your personal injury claim. Nothing is sadder than hearing from a potential client that they have signed a general release and now are being told that they need an expensive injection or even surgery.

(2) How does a good personal injury attorney document the damages in a personal injury claim?   Personal injury lawyer Richard Griffin explained that medical damages require proper medical documentation such as medical bills, medical records, causation statements, future treatment plans with cost projections, and permanent impairment evaluations.  Good personal injury attorneys will also obtain the needed lost wage documentation such as disability certificates, wage and salary verifications, tax returns, lost contracts, additional payroll expenses, and other lost income documentation.  Pain and suffering is best documented with specifics regarding how the injuries have negatively impacted the client’s life.  Attorney Richard Griffin has been very successful in jury trials with the use of “before and after witnesses”.  For driving under the influence (DUI) defendants, hit and run defendants and other such conduct that represents a reckless disregard for human life, the settlement value is greatly increased due to the punitive damage exposure.

(3) How can a personal injury lawyer help their client get medical treatment even if they do not have health insurance?
Personal injury lawyer Richard Griffin explained that personal injury attorneys can often get their clients medical treatment from doctors who will treat on a doctor lien.  A doctor lien is an agreement between the doctor, the client, and the attorney that the doctor’s bill will be paid from the future personal injury settlement.  Another method many experienced personal injury attorneys will use is medical funding companies.  These medical funding companies pay for the medical treatment, diagnostic testing, pain management or even surgery as the treatment is received.  Then the medical funding company is paid when the personal injury case settles.

(4) Should a personal injury claimant represent themselves for their personal injury claim?
No.  Personal Injury lawyer Richard Griffin believes that this is always a bad idea.  The result is almost always a small settlement that does not fully compensate the personal injury claimant for their claim.  This is truly the case regardless of whether your personal injury claim arose from a car wreck, big truck accident, motorcycle accident, bicycle accident, pedestrian accident, slip and fall, premise liability, dog bite case, or negligent security case.

Where else has personal injury lawyer Richard Griffin appeared as a personal injury expert?  Personal injury lawyer Richard Griffin of The Griffin Law Firm, P.C. has been the featured attorney for personal injury, worker’s compensation, wrongful death, and social security disability on the following shows:
(1) Autoscoop (Television Show on CW Atlanta, channel 69);
(2) TrustDale (television show on Fox, channel 5);
(3) Attorney Talk (Television Show on CW Atlanta, channel 69)
(4) Autoscoop Radio Show (formerly on V103)

FREE CONSULTATION: For a free legal consultation from The Griffin Law Firm, P.C. about your specific personal injury, worker’s compensation, wrongful death, or social security disability claim, please call 866-847-6545 or use this link: [FREE SETTLEMENT EVALUATION]

For additional articles regarding Attorney Richard Griffin, please use the following link:        [PERSONAL INJURY EXPERT]

Why is stacking insurance policies so important for the high value personal injury and wrongful death claims?    Atlanta personal injury attorney Richard Griffin has focused his law firm, The Griffin Law Firm, P.C., on injury claims and wrongful death claims.  After handling thousands of personal injury, wrongful death, worker’s compensation, and social security disability claims, Attorney Richard Griffin stacks insurance policies to increase the available insurance coverage whenever possible.  Often stacking the policies is the only way to recover enough settlement dollars to fully compensate our personal injury and wrongful death clients.

Attorney Richard Griffin stated, “There is nothing sadder than a situation where all available insurance policies (liability, umbrella, uninsured, under-insured motorist, employer liability, etc.) are not enough to pay for all of the devastating damage caused by a serious accident (auto accident, truck accident, motorcycle accident, pedestrian accident, bicycle accident, dog bite claim, or slip and fall accident).”

How can I stack insurance policies for my personal injury claim?

1. Identify all insurance policies that cover the personal injury claim.
2. Verify all policy limits for each insurance policy.
3. Negotiate a policy limit recovery for all liability policies and require a limited release.
4. Negotiate recoveries from all other insurance policies based on Georgia law which controls the order of responsibility.
   

How does it help me to stack the limits?    The benefit is that for very big personal injury and wrongful death claims one policy often does not have enough insurance coverage to fully pay the claim.  By stacking multiple insurance policies it greatly increases the total available insurance to pay the personal injury or wrongful death claim.

What is the general rule on stacking insurance policies?    The general rule is that you must first negotiate a policy limits recovery from the primary insurance coverage before you can seek additional settlement dollars from secondary insurance coverages.  It is critical that you verify the exact policy limits amount because if you do not settle for the full policy limits, then you have not “exhausted the limits” which is required for stacking the insurance policies.

What insurance policies are often used when stacking insurance policies for a personal injury or wrongful death claim?

1. Liability policies:  The liability insurance coverage for the owner of the vehicle.  There may be an additional liability policy covering the negligent driver if the negligent driver does not own the vehicle they are driving.
2. Umbrella policies:  This is additional liability coverage for the negligent party that kicks in after the initial liability policy is exhausted.
3. Employer’s liability policies:  Additional liability coverage for employers when their employees are negligent while doing something for the benefit of their employers.
4. Uninsured Motorist or Under Insured Motorist policies (UM):  This coverage covers personal injury and property damage claims when the negligent party is uninsured or under-insured for the claim.  Attorney Richard Griffin is even able to stack multiple uninsured motorist or under-insured motorist policies within the same household under the “resident relative” provisions of most UM policies.

Why is it important to hire a good personal injury lawyer when insurance policy staking is needed?    Personal injury attorney Richard Griffin believes that it is critical to hire a personal injury lawyer if you have a big personal injury or wrongful death claim because if you stack the policies incorrectly, then you may cost yourself thousands and thousands of dollars.  An experienced personal injury attorney will be able to locate all of the policies that cover your claim.  Further the seasoned personal injury lawyer will be able to verify the policy limits of each policy.  Further still the strong personal injury attorney will be able to properly use the correct limited release so that stacking insurance policies is even possible.  Without a personal injury lawyer often stacking the limits is not even the issue since the adjuster will usually not offer their policy limits to a personal injury claimant or wrongful death claimant that does not have the protection and guidance of a personal injury attorney.

What types of accidents can personal injury, worker’s compensation, and wrongful death claims arise from?

1. Car Accidents;
2. Big Truck Accidents;
3. Motorcycle Accidents;
4. Bicycle Accidents;
5. Pedestrian Accidents;
6. Premise Liability Accidents;
7. Slip and Fall Accidents;
8. Dog Bit Incidents;
9. Negligent Security Incidents; and
10. Any on the job injuries (mainly for worker’s compensation claims).

How can I get a free consultation regarding my personal injury, worker’s compensation, wrongful death, or social security disability claim from The Griffin Law Firm, P.C.?

(1) Free phone consultation: Call 866-847-6545.
(2) Free email and internet consultation:     Click the following link –   [FREE LEGAL CONSULTATION]
(4) Free office consultation:   Potential clients that have a personal injury, wrongful death, worker’s compensation, or social security disability claim can call and discuss their claim.  If our firm accepts your claim, then we will be glad to schedule an office appointment.

For additional reading on stacking limits use the following link:   [STACKING POLICIES]