July 17, 2010

How Do I Sue the Driver Who Caused the Car Accident in Georgia?

If you read our Georgia Car Accident Guide book, you know that it does not make much sense to hire a Georgia injury lawyer for a case with $3,000.00 or less in medical bills.file your own lawsuit So lets assume that you followed the do it yourself guide in our book and now the insurance company is being ridiculous and is offering less than the medical bills. The only remaining option is to file suit.

Do understand that the other driver is going to get a free lawyer to defend them if they have insurance and that puts you at a serious disadvantage. Sometimes however, filing suit on your own will get you an increase on the offer. With small cases, you should file in the Georgia Magistrate Court for the County where the defendant lives. The Magistrate Court is small claims court and only handles cases seeking under $15,000.00.

Key Points to remember:

1) Sue the other driver, not the insurance company.
2) Sue in their home county or review our article on Georgia venue and personal jurisdiction requirements.
3) Make sure you keep an eye on the Georgia statute of limitations on injury claims.
4) Make sure the sheriff actually serves the defendant. Failure to serve kills the case.
5) Keep the complaint (document that starts the lawsuit) simple. What did the other driver do wrong. What did it do to you and how much were the bills. (submit the gross amount of the medical bills)

If it proceeds all the way to trial, keep in mind you may get overwhelmed on a technical defense.

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Posted In: Georgia Car Accident

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July 17, 2010

Can I Fire My Injury Lawyer in Georgia?

A large number of my clients come to my after firing their first injury lawyer. We recently wrote an article addressing the questions:

1) Can you fire your injury lawyer and hire another one?

2) What do you have to pay them if you do?

3) Can change lawyers after the insurance company makes an offer on your car accident case?

The answers to these questions are contained in the new article "Can I Fire My Georgia Injury Lawyer?"

Remember, you are the customer. Even though you are not always right (whoever invented that rule did not elucidate it correctly) the lawyer should always listen to you and give you the benefit of the doubt. If your lawyer will not meet with you in person, you need to reassess your relationship.

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Posted In: Georgia Car Accident

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June 28, 2010

Georgia DUI Dramshop Law Limited by Georgia Court of Appeals

In a frustrating decision, the Georgia Court of Appeals has ruled that the Georgia Dramshop Act , OCGA §51-1-40, does not apply to convenience stores or vendors where the alcohol will not be served on the premises. Flores v. Exprezit A10A0703 (2010).hp-main.jpg

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Posted In: Georgia Car Accident , Georgia Law , Georgia punitive damages and DUI

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May 31, 2010

Whiplash Injuries in a Car Accident Can Be Lessened by Headrest Technology

As an Atlanta car accident lawyer, one of the most frequent complaints we see from clients in the aftermath of serious car crashes are neck, head and shoulder pain. More often that not, the hospital has given the client a generic handout describing whiplash. Whiplash is not really a medical term and is used broadly to describe symptoms from the whipsaw effect of the head being moved backwards and then forwards and back again from a rear end collision.

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Posted In: Atlanta Car Accidents , Georgia Car Accident

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May 20, 2010

Do I Need a Car Accident Lawyer in Georgia?

Many of our clients call wondering if they even need a car accident lawyer in Georgia to handle their case. The short answer is, the more serious or complex the claim is, the more likely it is that you will need an attorney. Be very wary of lawyers who tell you need a lawyer no matter what or tell that you need a lawyer for a case with medical bills totaling less than $2,000.00. You should also beware of a lawyer telling you to get medical care with their chiropractor. Those cases rarely end well for the client.

In the following circumstances, you are probably going to need an attorney for your car accident claim in Atlanta:

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Posted In: Georgia Car Accident

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May 16, 2010

Are Car Accidents in Georgia Increased by Red Light Cameras?

11 Alive News completed an analysis of car accident data from red light camera monitored intersections across the area and came to the conclusion that having the cameras increases the number of crashes. If true, that fact would require the permit for the cameras to be yanked. In my opinion, this is a knee jerk reaction to the data.


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Posted In: Georgia Car Accident

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April 26, 2010

Atlanta Car Accident Lawyers Discuss Insurance Policy Exclusions

As a regular part of their job, Atlanta car accident lawyers are called upon to examine and interpret the car insurance policies that apply in the aftermath of a crash. For the innocent victims of the crash, certain policy exclusions can be devastating. car accident insurance in georgia

Take for example a recent client who was struck by a driver whose license had been revoked due to too many dui convictions. This driver had no drivers license and had borrowed a friend's car. Under Georgia law, even though the driver had no license and no insurance of his own, the insurance policy on the vehicle covers anyone driving the vehicle with permission. (understand that if a person is not a permissive user, they are not covered by the vehicles insurance) We sent out the certified letters to USAA insurance request they disclose the insurance policy limits and disclose any policy defenses. If this policy is drafted like most, it will continue an exclusion for coverage when the vehicle is operated by an unlicensed driver.

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Posted In: Athens Georgia Car Accidents , Georgia Car Accident , Georgia Insurance Law , Georgia Personal Injury

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January 26, 2010

Get Your Accident Report Online after a Georgia Crash

Many of my clients ask me "how do I get my police report?" after a crash in Georgia and usually the process involves sending money orders or showing up in person. That has all changed now that the State of Georgia is getting more progressive. The Department of Transportation has partnered with a tech company to open www.BuyCrash.com that allows citizens to pull their own police reports right off the internet for only $10.00. Given how annoying the process can be, especially for out of State drivers, this website is a blessing. Even better is the fact that I tested the interface and it looks like runners will not be able to raid the system to illegally solicit business.

Posted by Christopher Simon | | Email This Post | Comments (1)

Posted In: Georgia Car Accident

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January 9, 2010

In a Georgia Car Accident on Icy Roads, Who is Responsible?

With the recent snow and ice on the roads in Georgia, there have been numerous multi-vehicle crashes including one involving 27 cars. The question arises; who is going to pay for all the property damage and injury claims? As a Georgia car accident lawyer, I have already been asked this questions several times so we will review the issue today. We will break the topic into two parts; first addressing normal crashes involving ice and black ice in Georgia and second, addressing multi-vehicle collisions, like the one pictured by CBSAtlanta.com here.Georgia crash on ice.JPG
If you are involved in a car accident in Georgia and ice played a role, just accept the fact that it will be an ugly process. A typical scenario with the recent snow in Atlanta involves one car hitting a patch of black ice and going into a spin or suddenly coming out of their lane and causing a crash. In many of the these situations, the drivers insurance company may refuse to pay for your property damage, claiming that the ice was an "act of God" for which their insured cannot be blamed. To this I say "B.S." You have to live in a cave not to know that its snowing and sub zero out and that ice is on the roadways. When that happens you have to drive with exceptional care. The Georgia law on driving with ice on the road is OCGA § 40-6-180 which says in part that you have to drive at a speed that is safe for conditions.

Continue reading "In a Georgia Car Accident on Icy Roads, Who is Responsible?" »

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Posted In: Georgia Car Accident

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November 29, 2009

Georgia Car Insurance and Car Accident Book has Gone to Press

Thank you to everyone that put in their edits and comments on the cover. The Georgia Guide to Buying Car Insurance and Handling Car Accident Claims has gone to press and will be up for sale on Amazon just after the New Year! I put a lot of work into this guide and I think it will really help out Georgia Consumers.
Georgia Car Accident Book Cover.JPG
Georgia Car Accident Cover.JPG

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Posted In: Georgia Car Accident

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November 25, 2009

Twelve Ways to Avoid Car Accidents in Atlanta

As an Atlanta car accident lawyer and a former tractor trailer insurance defense lawyer, I have worked around fatality car accidents for most of my professional life. I have arrived at crash scenes with bodies being removed in pieces and reviewed photos that no one should ever have to see. A Georgia wrongful death lawyer knows that working on these cases and getting to know the families profoundly affects them professionally, but these experiences can also affect the lawyer's driving. hp-main.jpgThere was a great article in the December 2009 issue of Men's Health called Dead Man Driving regarding collisions and I thought I would discuss their points and add to it my own impressions.

I view safe driving as 40% your actual driving skill, 40% your decisions on what and when to drive and 20% blind luck. There is nothing we can do about blind luck so we will focus on the other two categories.

Continue reading "Twelve Ways to Avoid Car Accidents in Atlanta" »

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Posted In: Georgia Car Accident

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October 26, 2009

Rear End Collision on the Interstate in Georgia Shows Why Night Construction is Dangerous

My family was in a rear-end collision on I-85 on the way home from Virginia last weekend. We were struck by a driver who did not notice that there was construction ahead and two lanes were merging into one. Thankfully we are all "ok" but this crash illustrates one of the most dangerous road operations around.
atlanta%20car%20accident.jpg

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Posted by Christopher Simon | | Email This Post | Comments (0)

Posted In: Georgia Car Accident

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October 10, 2009

In Georgia, How Long Does it Take to Settle an Injury Case?

More than a year after the injury and months of litigation, we mediated and settled a Georgia car accident case for a client yesterday and the client commented to me, "I had no idea it would take this long to settle my case." While it used to be the exception that a case would go into litigation, it is becoming more and more common due to changing insurance company tactics. The most frequently cited statistics show that 90% of cases settle before trial, but that does not mean they do not get litigated. Many clients want to know "how long will it take to settle my case in Georgia?" Lets go through the steps of a injury case.Atlanta car accident attorney.jpg

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Posted by Christopher Simon | | Email This Post | Comments (0)

Posted In: Georgia Car Accident

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