Webb & D'Orazio Law Firm
2551 Roswell Road Suite 201
Marietta GA 30062
Fax: +1 770-952-7001
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CAR ACCIDENTS & INJURIES
WEBB & D’ORAZIO
The injuries sustained in car accidents can result in injuries that are severe and life-changing. In addition to the effects of injuries, financial loss may be suffered by the persons involved or by their families. It is gratifying to know that the law confers on the injured person the right to be compensated for the loss. The law covers economic losses such as medical costs, loss of wages, funeral expenses, among other costs. The pain and suffering caused by the injuries or the treatment can also be the subject of financial compensation, as can the loss of services of a spouse to the surviving partner. Money cannot make up for the effects of an injury but it can help to alleviate any financial hardship that might result.
It is usual for the insurance company of the person who has caused the accident to begin an investigation immediately. Its objective is to keep the level of financial return to the injured party to the lowest figure possible. From experience, carefully worked out procedures are used by the insurance companies to process any claim. All relevant documents are gathered, including statements from people involved in the incident, police reports, as well as vehicle inspections and photographs commissioned by the company. Assessing the degree of injury sustained in the car accident is a primary concern. Usually the company has collected all this information within one week of the accident and sometimes within 24 to 48 hours.
Many insurance companies find it in their interest to reach a quick settlement with the injured party, before the full extent of the consequences of the injury have been established. This is something that the injured person should certainly not do. It can often take several months or longer to assess the injuries fully and to determine the treatment procedure. Even after corrective surgery, further treatment may be required and a permanent disability may occur. Only after a thorough analysis by a doctor can a proper prognosis be made and the real value of a claim be determined. In the State of Georgia, a two year period is allowed in most cases within which a law suit may be filed. Consequently, making a quick settlement is unnecessary and inadvisable and is likely to be a matter of great regret when the injuries and their effects turn out to be more serious than was first thought.
A number of important considerations come into play for anyone who is injured in a car accident. Your health insurance company, for example, will usually try to recover the cost the medical bills they have paid from the other driver's insurance company. However, their right to do so is significantly limited. Similarly, if your injury was sustained while working, the insurance company responsible for the worker's compensation scheme will try to recover the payments it has made for your medical bills and for loss of wages. Once again, their right to do so is curtailed. It is necessary for you to understand these points before any settlement with the other driver's insurance company is agreed.
The State of Georgia requires individuals to have liability insurance cover for their cars amounting to a minimum of $25,000.00 per person and $50,000.00 per accident for bodily injury insurance cover. As the injured person may have a claim exceeding these limits, it is necessary to explore what other insurance cover may be associated with the driver responsible for the accident or what their personal assets may be. Among the options that may be available to provide cover are the insurance policies of family members, of a car rental company, of an employer or some kind of "umbrella" policy. Persons other than the driver may also have some responsibility for the accident. If some deficiency in the road maintenance or the lighting contributed to the accident, a government body may have some liability. Finally, your own insurance policy may offer some level of coverage for the injuries sustained.
In making a claim for personal injury, a number of factors have to be taken into consideration that make it a complex exercise. Assessing the nature and degree of injury, calculating the scale of financial loss and establishing the liability of the parties involved are the key components. Among the issues that may affect the outcome of a claim are the location of the trial and the claimant's history in relation to personal injury claims. On the side of the insurance company will be considerable experience and a determination to keep the settlement amount as low as possible. For the claimant, therefore, it is vital to have on your side a lawyer with the necessary experience and knowledge. The best option for a car accident claim is to have a Marietta attorney with experience in personal injury claims arising from auto accidents who will be able to pursue the matter through the courts if the insurance company does not offer a reasonable settlement.
If it has been the misfortune of you or someone close to you to have been injured in an automobile accident in Cobb County, or indeed anywhere in the State of Georgia, the attorneys at Webb & D'Orazio is available to help you. Just call us at (770) 952-7000 to arrange a free consultation.
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