Atlanta Car Accident Lawyer

Wrecks kill four in Cobb, Fulton, Gwinnett and Newton counties | ajc.com

2011-06-23T08:18:00.000-07:00

Wrecks kill four in Cobb, Fulton, Gwinnett and Newton counties | ajc.com

Should I Give A Recorded Statement?

2010-10-03T17:46:00.000-07:00

If you have been involved in a Georgia car accident, should you give a recorded statement?

Atlanta, Savannah, Georgia workers comp, personal injury

2010-09-06T17:24:00.001-07:00

What is the difference between a Georgia workers compensation claim and a Georgia personal injury claim? Can you have both at the same time?

Atlanta, Savannah, Georgia, workers comp, personal injury, claim

2010-09-06T00:13:00.001-07:00

What is the difference between a Georgia workers compensation claim and a personal injury claim? How do you know the difference? Can you have both at the same time? Watch this video and find out!

Georgia workers compensation attorney Ty Wilson

2010-09-03T23:55:00.001-07:00

Georgia workers compensation client Spencer comments on working with the law offices of Ty Wilson.

Sad local story about Karla Campos who was killed by an elderly driver.

2009-12-29T15:52:00.000-08:00

Many of you may have heard about this story, where Karla Campos age 5 was getting off of her bus coming home from elementary school when a driver lost control of her vehicle allegedly hit her gas pedal instead of her brakes hit Karla as she exited the bus killing her. The 82 year old driver was charged with vehicular homocide, failure to maintain lane and unlawful passing of a school bus.

The question that comes to mind is should we as a society or in this example a state require drivers over a certain age to complete driving test to prove and ensure that they are road ready and safe for the road for other drivers and pedestrians.

I know this is a very touchy subject for some, but our society can not continue to lose individuals due to the fact that we turn our back on the fact that as we age we lose motor skills and the ability to drive, our sight deteriorates, our hear gets worse and our ability to move our foot from the gas pedal to the brake or vice versa is substantially compromised as we age and therefore at some point we become more of a danger on the road than should be allowed.

So what is the answer? The reality is maybe we should test our elderly drivers, we test our young or new drivers and they must pass both a written as well as driving test to prove they can manuver vehicles in a safe manner. There should be no reason we would not require the same from our elderly drivers. I realize this is not a popular decision to be made but if Karla was your child, I think it is a small price to pay for our children's future.

Ty Wilson

General Lessons we all should know.

2009-12-28T09:10:00.000-08:00

You have seen it before maybe it was a fire truck, maybe an ambulance or perhaps it was a school bus stopped with flashing lights. If you hear a siren pull as far to the right as possible and stop! I see it happen where there is always someone who does not think that they have to stop or move out of the way when an emergency vehicle is approaching with sirens and lights on.

Here is an example of what occurs when someone ignores an emergency vehicles siren and lights. As reported by WSBTV.Com.

http://su.pr/2TZhbL

As drivers we need to be more considerate of these emergency vehicles. If you are one of the people who do not pull over or slow down for the emergency vehicles, ask yourself, would you continue to drive the same if it were one of your family members in the ambulance or if the fire truck was heading to your home to save lives?

Be considerate of others!

Car crash in Walton County.

2009-12-27T09:04:00.000-08:00

Recent car crash takes one life and severely injures two others. It appears one driver lost control of his vehicle and crossed the double yellow line.

See the report at WSBTV.com at

http://su.pr/2nbl0i

Have you heard of 2-1-1?

2009-12-26T15:36:00.000-08:00

Here is an interesting article which was published in the Marietta Daily Journal about a service which has been available for sometime. The service is provided by the United Way, and it provides help for those in need. This could be for food, shelter, and transportation. What a great resource for someone in need.

Please read this article and pass it on to anyone who you think who is in need of help.

The article is at http://su.pr/2gD9A4

Motor vehicle accidents can put families in positions of need. If you have been involved in a motor vehicle collision and need transportation or help due to your car or motorcycle wreck, call 2-1-1 and speak with the United Way on what services you may qualify for in your time of need.

What does it mean to have a permanent neck injury?

2009-11-08T09:55:00.000-08:00

If you are injured, and are told you have suffered a permanent neck injury, it means that likely there is not much medically that can be done. Permanent is as it sounds it means forever, now it is very important to note that just because someone tells you, you have a permanent injury, it does not mean you will always be in pain. Different injuries react differently in different people. You may or may not be in pain.

If you have been told you have a permanent injury, and you wish to find out what that specifically means, you can always ask for a second opinion from a different medical provider for clarification.

If you have been permanently injured by a car wreck or work injury and want to know legally what your rights are, you should call an Atlanta Injury Lawyer.

Things you should never say to your insurance company and why

2009-11-05T03:50:00.001-08:00

CNN published a news report explaining some of the things you should never tell your insurance company, most are geared toward car wreck claims.

It is always helpful to read articles such as this prior to getting into a recorded telephone conversation.

See this report at 5 Things Never to Say to Your Insurers.

Are you protected? Do you have enough insurance coverage?

2009-10-28T18:07:00.000-07:00

You can not make these stories up. Doraville Police confirmed they pulled over a driver who was driving with the dangerous chemicals in his car. He was basically cooking methamphetamine while he was driving on Interstate 285. It is not known how he did not injure himself and others. Ironically, this man was driving on Interstate 285 north of Atlanta with no seat belt. Because he had no seat belt on a Doraville Police Officer initiated the stop.

To read more details of this story go to http://bit.ly/DtC0c.

The teaching point from this post is you never know who is in the car next to you. This matter could have been catastrophic. Luckily it was not.

New special report explains what to expect when you meet an attorney for a free consultation.

2009-10-25T03:52:00.000-07:00

Our office has written a special report which helps anyone who has been involved in an auto accident. This special report will help you understand what you are involved in and what to expect from the insurance company and attorneys prior to getting involved in the process. Likely if you or your loved one have been involved in a motor vehicle collision, you are in pain, and wondering what do I do now?

This special report helps answer questions like:

Should I sign anything the insurance company provides me?

Should I give a recorded statement?

How do I get medical treatment?

How do I pay for my medical treatment?

What insurance companies should I speak with and why?

Who is going to pay for my lost wages?

These questions and much, much more are provided in this free no obligation special report. Our firm is dedicated to educating you on the process you have been forced into due to the carelessness of another.

Call and provide your name and address for your free special no obligation report, you need this prior to speaking with any insurance company and prior to speaking with any attorney on this matter. Call today for you free report 770-948-5454.

Why is my health insurance denying to pay my bills that are related to my workers' compensation claim?

2009-10-22T19:00:00.000-07:00

Unfortunately, this is something that comes up from time to time here in Georgia. Sometimes the health insurance carrier will take the stance that they are not required to pay for medical treatment that is the responsibility of another party. For example, in a motor vehicle collision, the at-fault driver would be responsible for the damages (reasonable and necessary medical bills) that relate to the collision. The problem with that is the liability insurance carrier may or may not accept responsibility for their driver's actions or in-actions. Another important point is if they do accept liability, they will not pay for your medical care as you go. So what that means is you will be forced to pay for your medical care in advance and may be paid back if you are able to resolve your claim with the at-fault driver's insurance company.

The nature of your injuries will determine how much you will have to come out of pocket, should your health insurance. For most people this is at the worst time, because if you are injured and can not work, you usually will eat up what savings you have just paying bills while you are out of work. The good news is the lost wages you can prove should be reimbursed. The bad news is that will also be at the end of the claim.

The hard thing to believe is that someone who is fortunate enough to have health insurance, may be denied at the time when they need it most. Luckily this is becoming less common. Likely the reason is that health insurance companies are now focusing on their subrogation/reimbursement rights they have. Subrogation/reimbursement rights are usually written in their contracts and provide that should you collect from a third party they will have the first available funds to pay for the medical bills that the health insurance company has paid on your behalf.

As you can see this can get complicated, but it is important you deal with your health insurance company if they have paid for your medical bills related to a car crash or a slip and fall and you are looking at collecting from an at fault party. If you do not deal with the insurance company, they can come after you directly or affect your health insurance moving forward.

If you are involved in a motor vehicle collision, slip and fall or workers compensation claim and your health insurance has paid a portion of your medical expenses, you owe it to yourself to speak with an attorney who will be able to explain what your legal rights are, so you do not find yourself involved in unnecessary litigation. Call an Atlanta Personal Injury Attorney today at 770-948-5454.

Could you be putting yourself at risk for identity theft?

2009-10-19T17:46:00.000-07:00

In a story on CNN, they explain how the social networking sites are becoming a feeding frenzy for identity theft cyber-criminals. According to the CNN Report, the FBI estimates 3200 accounts are hijacked per year. Often the most common way the criminals hijack the accounts is by sending fake e-mails advising there is something wrong with their account. That is old style hijacking. Now a days they send an e-mail with a common name so it appears to be from a friend requesting help, you must just log on to your normal Facebook, or Twitter or other social networking site. When you do the cyber-criminals have your sign in information and are able to discovery what personal information you have provided to the social networking site.

For more information see this article at CNN.

Protect yourself.

What are the minimum limits of insurance for motorcycle drivers?

2009-10-17T03:18:00.000-07:00

Currently under Georgia law, motorcycles are required to carry $25,000/$50,000 liability limits of insurance coverage.

What that means is no more than $25,000.00 per person and no more than $50,000.00 per accident. For example if there is an accident with only one person who is not at fault hurt by the motorcycle driver action, then they would have up to $25,000.00 of insurance coverage. If there were ten people injured in an accident then they would all have only $50,000.00 in insurance coverage from the liability or at fault driver.

This example does not include uninsured/underinsured motorist coverage which would possibly provide additional coverage.

If you have been involved in a motor vehicle collision and are unsure how to read your insurance coverage, my office will provide you that information free of charge with no obligation to retain us as you counsel. Call an Atlanta Car Accident Lawyer today at 770-948-5454.

I got into an accident three years ago, do I have a claim under Georgia law?

2009-10-06T17:52:00.000-07:00

Currently, under Georgia law, the statute of limitations is two years from the date of accident. That is generally speaking, recently the Georgia Supreme Court has ruled that the statute of limitations can be tolled or extended in cases where the at fault driver is issued a traffic citation, the statue can be tolled until resolution of the criminal charges.

This can extend the statute of limitations on any case where a traffic citation or criminal charge has been issued.

Depending upon the criminal charges the statute of limitations can run past two years and theoretically as long as it takes the criminal courts to resolve the pending criminal charges.

The law is constantly changing so if you have a claim and do not know if the statute of limitations has run you should contact an Atlanta Personal Injury Lawyer immediately to determine your legal rights. Call 770-948-5454 if you have any questions regarding a specific motor vehicle collision.

What should I look for in a Personl Injury Attorney?

2009-09-26T11:28:00.000-07:00

If you have been injured in a car crash in Georgia, you may be asking yourself how do I determine what makes a good personal injury attorney? Chances are this is your first accident, and you do not know where to turn or what to look for in an attorney.

If you watch television or thumb through the "Attorney" section of the yellow pages, you are probably more confused than ever. Very few lawyer ads say anything that would help you make a decision as to if they are the right attorney for you.

Let me make few recommendations about what to look for and what to ask any attorney during their "free consultation".

1. Will they take the time to explain the personal injury claims process?

2. Will they explain the litigation process (different then the claims process?

3. Will they explain their fees and expenses? What is the difference?

4. Will they provide you with a copy of the Errors and Omissions insurance policy?

5. Are they in good standing with the Georgia Bar Association? (The Georgia Bar will need to provide this information to you.

6. Have they handled a personal injury case before?

7. Do they have a history with personal injury cases?

8. What other areas of law to they practice?

9. What are their initial concerns about your claim?

10. How many other cases do to they have?

11. Do they work with any doctors? Can they refer you to any doctors? This is a trick question. If they say yes, you should thank them for their time and leave.

12. Can they recommend other qualified personal injury attorneys? What is important is your representation of your claim. No attorney is right for everyone and if they are pressuring you to sign a contract with them, once again thank them for their time and leave.

You must be comfortable with the attorney who represents you on your personal injury claim. If you are not, you will regret it. Before you speak with any insurance company or attorney, contact my office and request my free report on the Seven Dangers that can damage your injury claim. There is no obligation. It will provide you with tons of helpful information in what you should be concerned about for your car crash claim before you make the irreversible mistake.

Call my office today at 770-948-5454.

A crazy death and senseless serious injury.

2009-09-23T05:45:00.000-07:00

The Palmetto Police Department had a road block last weekend. They expected to come in contact with the usual drunk drivers, uninsured drivers and drivers driving on a suspended licenses, but what happened this weekend, they likely did not expect. According to reports, a Decatur man came to the road block in his Ford Thunderbird convertible on his cell phone, Sgt. Gregg asked the man to hang up his phone. Apparently, the driver refused to hang up his phone when the Officer reached in the vehicle to stop the engine, the driver revved up his engine and hit the gas. As a result of the car moving forward, Sgt. Gregg was spun into the rear of the vehicle. The driver then lost control of his car and flipped it killing the driver immediately and injuring Sgt. Gregg.

Police officers never know what is going to happen with the next car they stop for a traffic stop. This stop was anything but routine. This driver's reckless conduct ultimately caused his own death, but more important than that is the senseless injuries he caused Sgt. Gregg.

Good Smaritan Death on Spagetti Junction

2009-09-21T11:51:00.000-07:00

Dekalb County Police authorities have charged the at fault driver with second degree vehicular homicide, driving without a license, and failure to maintain lane.

A 53 year old good Samaritan, stopped on I-85 to help a driver who had lost control on the overpass. When she got out to help the other driver the charged driver struck the back of her vehicle hitting the good Samaritan and knocking her over the guardrail down 50+ feet to her death.

The other driver whom the good Samaritan was attempting to help was injured also.

Read story at http://bit.ly/cQpIW

L. Ty Wilson, P.C.
770-948-5454

I was attacked at an apartment complex, is there anything I can do?

2009-09-18T10:21:00.000-07:00

Unfortunately this happens from time to time. If you have been attacked, likely you are shaken up and not sure of what you need to do or what you should do it anything.

In Georgia, if you are attacked at an apartment complex you may have a claim against the apartment complex for negligent security. These cases are very fact specific, so you should contact an attorney who handles negligent security cases.

Some of the factors involved in these type of cases would be:

Is the apartment complex in a danger or high crime area?

Is there any security provided by the apartment complex?

How is the lighting?

Are there security cameras?

Are there live security guards?

Clearly as mentioned above, these cases are fact specific. Also, depending upon the type of attack which occurs can also have an impact on your potential claim. Attacks range from someone assaulting a person, to someone raping or shooting and killing another person.

If you are ever attacked at an apartment complex, or other property, you should immediately contact the police and make a report. Shortly after the incident, this is probably the last thing you will want to do but it can be very important to your potential claim, and the police locating the attacker.

If you are a loved one has been attacked, you should contact an attorney to find out what your legal rights are. Contact an Atlanta Personal Injury Attorney at 770-948-5454!

Atlanta Crime Statistics released.

2009-09-14T05:23:00.000-07:00

The Atlanta Crime statistics were released by the Atlanta Journal Constitution. For a complete list of crime statistics click on the link.

Why is the health insurance company asking for money on my personal injury claim?

2009-09-13T16:04:00.000-07:00

Most Georgians are surprised to find out that health insurance companies will request to be paid back for any monies they pay out. Health Insurance companies usually have what is called a subrogation interest or a reimbursement interest in your claim if you have any opportunity to recover your damages from a third party or the at-fault driver's insurance. The health insurance companies will hire subrogation or reimbursement companies whose sole purpose is to collect the money that the insurance company paid out. In some cases, the health insurance will deny paying for any benefits (or medical care) if there is a third party claim. What that means is if there is someone else at fault whose insurance should pay for your harms and losses, then the health insurance company will deny paying for any claims. While this is not the common practice it has happened.

Equally important the courts have supported their legal rights to be reimbursed or paid back. If you try to avoid paying them back they can deny future benefits until they recover their losses, or if the amount is substantial they can sue you and depending on the circumstances the attorney who released the funds of any settlement without attempting to resolve their pending claims.

If you have a pending personal injury claim and have health insurance and do not know how to proceed or have any questions regarding your claim, contact an Atlanta Personal Injury Lawyer at 770-948-5454.

How do I find out how much insurance coverage I have for my auto accident?

2009-09-09T18:38:00.000-07:00

In Georgia, the easiest way to find out your insurance coverage is to pull your policy. The insurance policies usually renew every six months to a year. There are many types of coverage. If you are injured in a car wreck and it was your fault, you should at your liability coverage. That is the coverage that you have contracted through your insurance company. They will provide coverage up to that amount. They will also provide you legal counsel if you are sued.

If you are involved in a car wreck and it was the other drivers fault you will want to look for medical payments coverage and uninsured/under insured motorist coverage. Both of these coverages are optional and are not required to be in compliance with Georgia law. As such you may not carry this coverage. If you are reading this and do not have either of these coverages and have not already been involved in a wreck, then you should look into buying this immediately.

Medical Payments coverage is primary medical coverage if any one is injured, it follows you and should pay before any health insurance benefits. If you do not have this coverage then you may need to pay your medical bills if you do not have health insurance.

Uninsured / Under insured Motorist coverage is coverage provided by your insurance company if the at-fault driver does not have insurance (uninsured) or if the at-fault driver does not have enough insurance (under insured). This topic will be covered in future posts.

If you can not get answers from your insurance company on what coverage you have available, fax your policy to my office and I will be glad to provide you this information for free. Everyone should know what amount of insurance coverage they have on their vehicles. We can not prevent other drivers from hitting us, but we can prevent the financial devastation it can cause if we do not have proper insurance coverage or are under insured.

Call an Atlanta Personal Injury Lawyer at 770-948-5454.

Always following your dreams!

2009-09-06T06:29:00.001-07:00

By now, you have probably heard of Steve Mazan. Steve Mazan is a stand-up comedian who has always dreamed of performing his routine on David Letterman's "The Late Show with David Letterman". That in and of itself is not anything special, but what happened in Mr. Mazan's life next would be life altering.

Steve Mazan was diagnosed with inoperable liver cancer. What did he do next? Did he decide to feel sorry for himself? No. Did he throw in the towel on his life-long dream? Not a chance, in fact now he had less time to do what he set out to do, perform on "The Late Show with David Letterman".

Mazan began contacting CBS continually seeking to perform at the Ed Sullivan Theater. CBS told the stand-comedian they would not agree to let him perform just because he had cancer. Once again, Mazan un-detered by the criticism, began working, yes working on his act, he was focused on what he wanted and he did what he thought it would take to land on to Letterman.

Mazan created a web-site www.DyingToDoLetterman.com, and kept working eventually landing two performances on Craig Ferguson's show. Fortunately, his hard work and consistent efforts paid off for the stand-comedian whose motto is "If you stop chasing your dream, you're already dead."

We could all learn something from Steve Mazan's dream. We are all here only so long, what is your dream? Are you willing to do what ever it takes?

I fell in a parking lot, now what do I do?

2009-09-04T11:44:00.000-07:00

In Georgia, if some one is injured on another persons property, they may have a claim against the property owner. The scope of this post is for personal injuries, some of the details provided do not apply to Georgia Workers Compensation Law.

Just falling in and of itself does not make a property owner negligent. In fact a property owner does not have to insure your safety on his property. He only has to warn you about dangerous conditions he knows about. If you get hurt due to some dangerous condition and the owner had no knowledge of the dangerous condition, he may not be liable. What matters is what notice or knowledge did the property owner have and what notice should he have had.

If the dangerous condition is a huge pot hole three feet outside the front door of his property and it can be proven that the manager walked passed it everyday, then you know the property owner or lessee had property knowledge of the danger. If that is the case they are required to warn customers or visitors.

Warnings are just part of the equation, also the injured party must show the danger that injured them was not open and obvious, this is a legal term but it meaning is exactly as it sounds. If a danger is open and obvious, a property owner may not be required to warn its visitors. There are many aspects of slip and falls or premises liability claims.

If you have any questions and would like to know your legal rights, contact an Atlanta Slip and Fall Lawyer at 770-948-5454.

Should I settle with the other driver directly?

2009-08-31T10:03:00.000-07:00

Recently, I was contacted by an driver who was injured in a car wreck. The driver was rear-ended and had a passenger. In the collision both the driver and the passenger sustained injuries as a result of the wreck. The Police came to the scene took the necessary information and cited the other driver for following too closely. Since leaving the scene the driver went to the hospital and was referred to a specialist for her injuries.

When she contacted my office it was roughly three days after the wreck. The driver contacted the insurance company for the at-fault driver and was told that due to non-payment the policy had been canceled and the at-fault driver was therefore uninsured at the time of the collision.

Interestingly enough, the at-fault driver contacted the caller and advised that she wanted to settle the claim outside the insurance company. The at-fault driver said that she would pay her a certain amount of money for the damage to the car but would not pay any medical bills for any injuries to her or the passenger in the car. The caller's question to me was, is it legal to settle the claim that way.

While it is legal to settle a claim as long as both parties agree and it is a good idea to put the agreement in writing with the help of an attorney, there were several other things to consider. The caller was advising me that the doctor had taken her out of work for two weeks. As such, she had lost wages on top of medical bills to consider as a part of her damages. Most important, she did not know the extent of her injuries.

The at-fault driver wanted to settle the entire claim for a proposed amount of money. As long as this proposed settlement amount covers all damages that is fine, but what this caller did not know was is she still going to continue treating and if she was how much more treatment would she need.

It is not uncommon at all in back injury cases to just feel like it is an annoying pain, that will go away, unfortunately for some the pain does not go away, in fact it increases and after conservative treatment there maybe the need for further testing or more aggressive treatment.

It never a good idea to settle with an individual or an insurance company unless you are certain you know your damages and have resolved all treatment!

If you have been injured in a car wreck, slip and fall or Georgia Workers Compensation incident, call an Atlanta Injury Lawyer at 770-948-5454 so you can know your legal rights.

What exactly is a Slip and fall?

2009-08-28T11:32:00.000-07:00

In Georgia, a slip and fall is considered a type of premises liability that involves someone falling while on someone else's property. What most people who do not practice law usually do not realize is that a fall in and of itself is not enough to establish that the property owner is negligent in any way.

Under Georgia law, in order for the courts to find someone liable for premises liability or slip and fall negligence you must prove four things. They are:

Duty: Ownership alone is not enough to prove negligence. The owner/occupier of the property has a duty to inspect his property and to notify people who enter his property of any and all foreseeable dangers on the property. The duty of the owner does not include dangerous conditions which are open and obvious to anyone who enters upon the property.

Breach: Liability is only attributed to the owner/occupier if they caused a distraction which created the dangerous condition. If the injured party distracted themselves they would not be able to hold the owner/occupier responsible for their damages.

Causation: The injured party must be able to prove that the injury was caused by the distraction or dangerous condition.

Damages: The injured party must prove that the damages sustained were a result of the dangerous condition.

If and only if you can prove these four items do you have an opportunity to be successful in a slip and fall or premises liability claim.

With all aspects of the law, there are exceptions, if you have a slip and fall claim you should Atlanta Premises Liability Attorney today at 770-948-5454!

What do I do when the insurance company is not working with me?

2009-08-26T04:20:00.000-07:00

In Georgia, it does not matter if you are hurt in an auto collision, a fall or on the job, all claims go through insurance companies as long as there is insurance coverage. If there is no insurance coverage you are dependent upon the at fault party to pay out of their pocket.

When you are dealing with the insurance companies adjusters, it is important to know what your rights are. You are dealing with the opposing party. They will often tell you if you do not provide them with information they want they will close the claim. The fact is they can not decide when the claim ends. They also can not mandate information on anything they want. In my previous post I have discussed other documents and techniques insurance adjusters use to get all the information from you and make you run around, all so they can either deny or undervalue your claim, that is their job.

My firm has a special report on how to deal with insurance companies. If you are in a fall, car crash, or workers compensation injury, you need this free report. Their is no obligation, you just need to either call my firm at 770-948-5454 or e-mail me at ty@ltywilsonlaw.com provide your name and address and my office will mail you your free report with no obligation. Contact an Atlanta Slip and Fall Attorney; Atlanta Car Crash Attorney; or an Atlanta Workers Compensation Attorney today.

How do I calculate if I am being paid the proper amount on my Workers' Compensation weekly benefit checks?

2009-08-24T18:39:00.000-07:00

In Georgia Workers Compensation, if an injured worker is taken out of work for more than seven days, they could qualify for weekly income benefits, also known as temporary total disability benefits. These benefits are calculated by taking the 13 weeks prior to your injury and averaging them, then take 2/3s of your average weekly wage. This number under current Georgia law is capped at $500.00 per week. Some claims where the injury was several years back may have a lower capped rate. It is the injury date which dictates what the maximum temporary total disability benefit would be.

If you have a current Georgia Workers Compensation claim, the employer/insurer is supposed to file a WC-6 which shows the 13 weeks of pay prior to your work related injury.

There are many helpful forms and web-sites that can also assist but the easiest way is to take your prior 13 weeks of paychecks before your work injury and average them yourself to make sure and/or verify that you are being paid the proper amount. If this amount is not correct you should seek to have it corrected immediately, as it affects other parts of your claim, including partial permanent disability (if applicable).

If you have questions on an existing claim, you should call an Atlanta Workers Compensation Attorney at 770-948-5454 to help you calculate or determine your average weekly wage and your temporary total disability benefits or income benefits.

What do I do if the person who crashed into me died?

2009-08-21T15:55:00.000-07:00

From time to time auto collisions are severe. Recently, I signed up a client who was severely injured in an auto collision. The other driver (who was at fault for failing to yield) died upon impact because of a number of reasons but he was not wearing a seat belt, and in combination with a severe impact did not help his chances of survival.

My client, was concerned, with what happens when the at-fault driver is no longer around to answer for his negligence or improper behavior which caused severe injuries to my client. The fact remains that the law provides for this situation. What must happen is in short the Probate Court must be contacted immediately to determine if the relatives have submitted his will for probate. If not, a claim must be filed to protect the injured party from having the assets of the estate disbursed. Once the assets of an estate have been disbursed or probated, they are no longer a part of an estate and there could be nothing other than the insurance policy to seek. When you have a severe injury, such as my client it means you have to make a difficult decision quickly in order to protect what assets my be available to pay for medical bills.

If you or a loved one has been injured either in an auto collision or some other personal injury and the at fault party has died, you should contact an Atlanta Personal Injury Attorney immediately to protect your rights. Acting slow can be detrimental and could make you responsible for some other persons bad behavior. Call 770-948-5454 today to see what your legal rights are and how you can protect yourself!

Why is the health insurance company asking for money on my personal injury claim?

2009-08-16T16:04:00.000-07:00

Often when I am speaking with existing clients with health insurance or potential clients, the issue of health insurance comes up. When this issue is brought up, the first response is I do not want to use my health insurance. With which I reply, then your claim just got more expensive. The fact of the matter is typically you are not punished by using your health insurance, as long as you realize they have the right to be reimbursed for any money they pay on your behalf with which you can collect from a third party. A third party for example would be another driver in an auto collision, or it could be in a slip and fall or possibly a workers compensation claim.

Regardless of the third party claim, if you are able to collect from a third party, just about every health insurance company has what is called a subrogation clause in your explanation of benefits. In fact if you want to see the wording, (often any lawyers who represent you for a personal injury will) it will be found in the initial paperwork you get either in the mail from the health insurance company or from your employer.

Your responsibility to pay the health insurance company back, is dependant on the a couple of things, first is the plan an E.R.I.S.A. plan. E.R.I.S.A. is short for Employment Retirement Income Security Act. A health insurance plan is either E.R.I.S.A. or it is non-E.R.I.S.A. and this will have a huge impact on your responsibility to pay them back. E.R.I.S.A. is Federal law and therefore takes precedent over state law or non-E.R.I.S.A. plans.

If you or a loved one has been contacted by their health insurance company seeking reimbursement, it is important that you contact an Atlanta Auto Collision Attorney so you can understand your legal rights and your legal obligations as they relate to your health care plan. Call 770-948-5454 to find out what you need to prior settling any personal injury or workers compensation claim, otherwise you could find your settlement was not what you thought after paying back the health insurance company.

What is a mediation?

2009-08-09T18:52:00.000-07:00

This is a common question from many clients both in Georgia workers compensation claims and personal injury claims. The purpose of a mediation is to settle or resolve an issue or a claim. Most of the time it is used to settle a workers compensation claim. Sometimes in a personal injury matter it can be required by the courts prior to litigation.

Typically speaking a mediation is a non-binding settlement of a matter. The parties will get together with a neutral interpreter who will usually explain the process and the goal.

After an initial opening, the Claimant/Plaintiff's attorney will make a statement and contentions based upon the evidence. Then the defense attorney will make his statements and contetions as to the strengths and weaknesses of his case.

Then the parties are separated, and typically the mediator will go from one party to the other and work back and forth until either at some point it is determined that you are not able to resolve this matter or you are in the ball park and more time is needed to hammer out the final issues and hopefully resolve the matter.

As said before the mediation is not binding and if you are not able to resolve matters, then you will likely either proceed to a hearing or a trial.

Most mediations are successful in resolving the matter due to the fact that both parties want to resolve and both parties realize that there will be a give and take on both sides.

If you are scheduled for a mediation and do not have legal representation you should call an Atlanta Workers Compensation Lawyer or a Atlanta Car Accident Attorney at 770-948-5454 for a free consultation.

How can I guarantee not to be stuck in a financial crisis if I am in an Car Crash?

2009-08-05T12:18:00.000-07:00

Having practiced law for several years, and seeing the unbelievable damage a car crash can do to a person, and more importantly to a family's financial status, it is absolutely critical to insure yourself against other drivers. You can not control other drivers actions such as making sure they are not intoxicated or are obeying the rules of the road. The best you can do is to pay attention when you drive and to have as much uninsured motorist coverage as you can afford. $100,000.00 is just not enough when it comes to the rising cost of medical care.

This is the single best advise I can provide to anyone who wants to protect their family from financial devastation which can occur in a serious car crash.

If you are not sure what type of insurance coverage you currently have, my office will provide a free inspection of your policy so that you know exactly what coverage you have and if you need more, call Ty Wilson an Atlanta Car Accident Lawyer at 770-948-5454 for your free car insurance evaluation.

Do I keep my health insurance if I am injured on the job?

2009-07-29T12:06:00.000-07:00

In Georgia, it is important to know that often times your employer takes money out of your paychecks to pay either for all or part of the employer provided health insurance. Because money is taken out of your personal paycheck, if you stop getting paid through your employer you will not have any money being paid to the employer's health insurance.

Therefore, if you are injured on the job and unable to work due to your injury, you will have health insurance but likely you will probably receive a bill from your employer.

Often times, if you are receiving workers compensation benefits, you will be making substantially less than you were when you were employed.

If you are injured on the job this is something to consider so that your family does not lose health care coverage.

If you have any questions about if you have health insurance coverage, contact Ty Wilson Atlanta Workers Compensation Lawyer at 770-948-5454.

Why do I have to sign a release when I settle my Workers' Compensation claim?

2009-07-22T18:56:00.000-07:00

In Georgia, it is common for an injured worker to release the insurance company and the employer for any and all legal actions. In fact, more and more insurance companies are submitting a general release for any and all claims an injured worker may have against their employer and will require the release to be signed in order to settle their workers compensation claim. Most injured workers do not have any issues releasing the employer and the insurance company. As long as they understand why they are releasing their former employer and the insurance company, and what potential legal claims they are releasing, there are usually no issues.

Some of the problems exist when you have pending litigation or another attorney handling either a discrimination lawsuit or a wage and hour lawsuit. It is usually recommended that if you have pending litigation you wait until the conclusion of that matter prior to resolving your Georgia workers compensation claim.

If you have questions regarding a workers compensation claim contact a Georgia Workers Compensation Attorney at 770-948-5454.

What 7 things you do that can hurt your car accident claim?

2009-07-14T11:38:00.000-07:00

In Georgia, there are many things you can do that will hurt your chances of successfully resolving your car crash claim in your favor. First, the there are things that attorneys can do that will be the kiss of death to your claim. There are documents that you should never sign from an insurance company. There are medical providers who can harm your claim. These are just a few examples of what can go wrong if you do not have the proper knowledge about how to handle your car crash claim.

If you, a friend, or loved one have been injured or hurt in a car wreck, you need to know this information, prior to speaking with any attorney or any insurance company.

You can order your free copy of this report on-line by e-mailing

7deadlysins@ltywilsonlaw.com

and providing your name and address. This report is free and there are no obligations. Our hope is to provide you with information you need to make the best decision you can and to successfully resolve your claim without being caught up in one of the seven deadly sins!

What insurance companies do not want you to know!

2009-07-06T17:45:00.000-07:00

In Georgia, it does not matter if you are involved in a car wreck, slip/fall or a workers compensation injury, there is a host of items insurance companies do not want you to know. Even if you know these items the insurance companies spend a lot of money training their adjusters to arm them with the latest and greatest training to have them prepared to try to convince you, you do not not need an attorney and that they will help you with your claim.

The fact of the matter is if insurance companies would do the right thing, there would be no need for attorneys in the fields of personal injuries and workers compensation (if the matter had insurance coverage). The reality is the insurance companies are profitable organizations designed to take in premiums paid by their insured's and to pay out as little as possible.

So how do they do this? First of all they require people who call in to provide a recorded statement, or information which they will record and review in an effort to controvert the claim. Meanwhile, they provide you no information in return. You are giving information to them, because they claim they need it yet when you ask them for information, you would be surprised about how little they will provide you especially if it helps you in your case against them.

If you would like a free report on "What you need to know about insurance adjusters prior to dealing with them", call 770-948-5454 and provide your name and address for this no-obligation report, or if you prefer e-mail ty@ltywilsonlaw.com and request the free report. Knowledge is power, request your free booklet today so you know what to avoid prior to dealing with any insurance adjuster.

What does permanent partial disability benefits mean in a Georgia Workers' Compensation claim?

2009-06-29T19:02:00.000-07:00

In Georgia, you are entitled to three separate benefits under the workers compensation system. First and foremost you are entitled to medical benefits or medical treatment as it relates to your on the job injury so long as it is in the course and scope of your employment. Second you are entitled to weekly income benefits, if a medical provider takes you out of work for more than seven days. Third, you are entitled to be paid permanent partial disability if a medical provider provides that you are impaired as a result of your injury.

Typically the doctor will issue you a permanent impairment rating at the end of your treatment or once you have reached maximum medical improvement also known as MMI.

Under Georgia law, each body part has been issued a number of weeks by the legislature. For example if you have a back injury your number of weeks is currently 300. So in our example if the claimant was receiving $500.00 workers compensation benefits, you would multiply the comp rate times the number of weeks for the injured body part and multiply that by the percentage of impairment issued by the doctor or medical provider.

If you have questions about permanent partial disability, call an Atlanta Workers Compensation Attorney for a free consultation at 770-948-5454!

What is the benefit to settling a claim versus litigating it?

2009-06-22T19:03:00.000-07:00

This questions depends on the facts of a claim/case. Some items that make people push for settlement instead of litigation.

1. Background of Claimant/Plaintiff, when you bring forth a claim, you will be questioned and some people are uncomfortable with people looking into their lives, especially if there are any arrest or embarassing matters that may be relative to the litigation, such as numerous past injuries to the same body part, or a long history of injuries.

2. Sometimes there are benefits such as time and unfavorable facts that may make a claim a settlement, more practical to an injured worker.

3. Termination. When an injured worker has defended his rights to workers compensation benefits, sometimes there is a suspicion that upon being returned to work, they will be terminated. If this is the case, sometimes it may be to the claimant's advantage to attempt to settle his/her claim, and agree to resign so that they can go seek other employment and not worry about any potential bad blood that may have developed as a result of the filing of the workers compensation claim.

If you have been injured and have been representing yourself, and the insurance company is either making you an offer to settle or attempting to close your claim, and you do not know what is going on.

Call an Atlanta Workers Compensation Lawyer at 770-948-5454 for a free consultation to understand what your rights are and why the insurance company is doing what they are doing.

What is a settlement proposal?

2009-06-15T18:53:00.000-07:00

A settlement proposal is exactly like it sounds it is a proposal to settle a claim, it can be for an automobile collision, car crash or a workers compensation claim. Some attorneys call demand package, it is the same thing. Usually it is initiated by the injured party, to attempt to resolve a claim. Depending on what type of claim you have depends on what information is involved.

A settlement proposal is a good faith effort to attempt to resolve the matter amicably prior to either going forward with litigation in a personal injury or filing a hearing if your matter is a workers compensation claim.

If you have any questions regarding a workers compensation claim or have been injured in an auto collision, be sure and contact an Atlanta Injury Attorney at 770-948-5454.

What is a hearing in workers' compensation?

2009-06-08T18:57:00.000-07:00

In Georgia, all claims of work related injuries that are subject to the act, occur at the State Board of Workers Compensation. The Board handles mediations, hearings and appeals, as well as motions.

In Georgia workers compensation, you file a hearing when you can not work out an issue with the insurance company. Basically it is the equivalent of a trial. In workers compensation you have special rules of what you may be entitled to as it relates to a workers compensation claim.

For example if you have been put on light duty work restrictions and the employer does not have light duty work, they can not accomodate your work restrictions and under certain circumstances they should pay you weekly income benefits. If they refused to pay the benefits, you would have the option of filing a hearing with theGeorgia State Board of Workers Compensation aksing a Judge to decide if you are entitled to weekly income benefits.

What you can not do is file a hearing to make the other side settle your claim. You can file a hearing to enforce your legal rights, but the insurance company does not have to settle a workers compensation claim and will only do so if it is in their best interest.

If you have a workers compensation matter and do not know if you should file a hearing or not, contact an Atlanta Workers Compensation Attorney for a free consulation at 770-948-5454.

What is considered by the insurance company in a property damage claim?

2009-06-05T18:55:00.000-07:00

In Georgia most insurance companies use what is called an indexing service. This is a service that will take your zip code and then contact car dealerships and cars for sale near your zip code and as close to the exact make and model of your car. After obtaining as many cars as possible they will average the cost and that is usually how they come up with their values.

While these indexing services are available to you, you have to pay for their reports and most people do not wish to do so.

If you want to get an idea of the value knowing that it may not be exact, a good source is to contact the online value services such as Kelly Blue Book, or N.A.D.A., their valuations will be quite different and some will ask for more detailed options. This will provide you with a source to estimate the value of your vehicle. Please keep in mind the value of your vehicle often does not correlate with what you may owe on the vehicle.

Most people believe that the insurance company must pay off your vehicle, this is a myth. The insurance company only has to pay the fair market value of your vehicle and different things like mileage and condition can have an impact on the value.

My office always gets the questions from people what if I do not wish to accept the value of the vehicle the insurance company wants to pay. Well the first thing to understand is you have options but they often take time. The insurance company is not required to provide you a rental car while you work out your difference with them, they do not have to pay for a rental vehicle after they have determined if the car is repairable or if it is a total loss or not repairable.

You always have the option to take them to court, but you have to prove that your value is the real value and often that will require a professional estimate which cost money that you may or may not be reimbursed for. In addition, when you file a law suit you will have to pay to file the complaint and serve the defendant. If any of these items are a problem it can delay your resolution of the property damage.

What is underinsured/uninsured motorist coverage?

2009-06-02T18:59:00.000-07:00

Uninsured motorist is a selective insurance coverage you can either elect to pay for or you can choose and sign off that you do not wish to purchase uninsured or underinsured motorist coverage.

Uninsured or underinsured motorist coverage is insurance that provides you coverage if you are involved in a motor vehicle collision and the at fault driver either has no insurance to pay for your damages or the at fault driver does not have enough insurance coverage to pay for your damages.

This is a protective insurance policy. This is one of the few ways you can prevent being involved in a motor vehicle collision with no insurance coverage. Because you can not control if you are in a motor vehicle collision, and you can not control if other drivers have insurance, but with uninsured or underinsured motorist coverage you can insure that you have coverage should you need it. With uninsured or underinsured motorist coverage you limit how a motor vehicle collision can affect you financially.

If you are involved in a motor vehicle collision and do not have uninsured motorist, it is too late to obtain the coverage for that collision. Like any form of insurance this coverage will benefit you in an unexpected collision.

My name is Ty Wilson, I have been representing people injured in motor vehicle collision for almost a decade. I believe that being educated in matter with which you are not familiar can help prevent being in a situation where you are in a financially devastating collision.

If you have been in a motor vehicle collision and would like help in your dealings with the insurance company, call my office so that I can speak with you and see if I can be of service to you or a loved one.

Ty Wilson
L. TY WILSON, P.C.
770-948-5454

Tractor Trailer kills 20 year old on I-285.

2009-05-30T13:42:00.000-07:00

Early Saturday morning a tractor trailer killed a 20 year old man from Riverdale. According to reports, the man's vehicle stalled on I-285, he got out of the vehicle and his tail lights were not working. Shortly around 5:00am a tractor trailer collided into the rear of the stalled vehicle killing the 20 year old.

Investigation is still ongoing and no charges have been filed at this time.

Why should I keep a daily journal of how my life has been affected by my Georgia Car Crash?

2009-05-29T10:18:00.000-07:00

Remember no one knows how your crash has affected your life, only you can put into words and more importantly open the eyes of jurors who do not know and may be looking at you after you have healed. They are asking themselves, why should I award any pain and suffering money to this person, are they looking for a handout?

The obvious answer is no, you are not looking for a handout you are seeking to be reimbursed for your personal damages. Often times what means to the most to us is our time with our families and especially our children. If you have been injured, you may not be able to pick up your little girl or boy, and that is something that your little girl or boy may not understand, that is an element of pain and suffering or personal damages that a jury needs to know and understand so they have visual examples of how you have been affected by your collision.

It seems simple to keep a daily log or journal yet 75% of injured people never do and then wonder why the value of their case is less than they expected. In our courts it is what you can prove and using a daily journal is something whereby you have written down real life limitations you have had as a result of being injured either in an auto collision or a fall.

If you have been injured and have questions regarding what to do now, call an Atlanta Car Crash Attorney at 770-948-5454.

Why am I not being compensated for my pain and suffering in my Workers' Compensaton claim?

2009-05-25T18:53:00.000-07:00

Under the laws of workers compensation in Georgia, pain and suffering is not something that the employer is required to pay under the law. In the same regard, you do not have to prove negligence in a workers compensation matter, unlike a personal injury matter. There is a trade off with this, but clearly the value of a workers compensation case will not include pain and suffering as a personal injury matter would.

If you are injured on the job and are interested in knowing what you are entitled to, contact an Atlanta Workers Compensation Attorney for a free consultation at 770-948-5454!

The traffic court said I do not need to show, so why should I consider going to traffic court on my personal injury claim?

2009-05-22T18:54:00.000-07:00

In a Georgia personal injury claim or automobile collision, there are four elements that must be proven in order for a plaintiff or injured party to be successful should they be forced to go to trial to pay for the medical bills and other personal damages.

The biggest element of any automobile collision claim is liability. Liability means that someone (the at-fault driver or defendant) was liable or at-fault for the collision. If the at-fault driver has been issued a citation, that means the officer who reported to the scene after interviewing everyone and looking at the evidence of the vehicle damage and vehicle positioning, will determine if he/she believes any laws were broken. If the answer is yes, a traffic citation is issued.

A court date will follow in the next couple of months depending on the county, or city where the court will be held.

If the at-fault driver intends on fighting the ticket, and no one is there to challenge them (you the person injured in the collision), it is not unheard of for the prosecutor or Judge to either reduce or dismiss the ticket. On the other hand, if you are present at the court date, rarely will a Judge dismiss a ticket if you bring to his attention this was the result of a automobile collision and you were injured. In that case it is likely that a Judge will find the at fault party guilty of their citation. If the at-fault party is found guilty, you have liability established on your personal injury claim.

This will help prevent the at-fault insurance company from denying the claim, and put you in a better position should this matter end up in court.

If you have been in an auto collision and are trying to deal with this matter yourself, but have come upon something that is either confusing or you feel as if you are not being treated properly by the insurance company, call an Atlanta Auto Accident Lawyer at 770-948-5454!

What is my deadline for telling my boss/supervisor about my workers' compensation injury?

2009-05-19T18:59:00.000-07:00

In Georgia an injured worker should tell his supervisor or employer immediately if he/she is injured on the job, technically though an injured worker has thirty days to provide notice to the employer.

Often times my office receives calls from an injured worker and they will say I told my boss but he just tells me to get back to work. Well if that is the case my suggestion would be to provide something in writing and either mail it to the company or hand it to your boss. If you do this you must always keep a copy of this, the information should be when you were hurt, how you were hurt, where (body part) you are hurt, and if you need medical treatment you should request that from your employer.

If you never tell the employer of your injury, they can legally deny that you were hurt on the job. The laws providing these deadlines were to prevent employees who were terminated to seek workers compensation benefits on a past injury out of spite.

If you are injured notify your employer immediately, and if you have any questions or need help with your workers compensation claim, call an Atlanta Workers Compensation Lawyer for a free consultation at 770-948-5454!

I have an attorney for my Personal Injury claim but he does not return my calls, what should I do?

2009-05-16T18:49:00.000-07:00

This is the number one complaint among potential clients who call me. The first question to them is are the represented by counsel. When they tell me yes, I advise them they need to speak with their current counsel, as they are under contract and I would not want any of my client's speaking to other attorneys.

Often they ask what they can do because either their attorney will not return their call, take their call or responds to them by yelling at them or jumping down their throat. The fact is the claim is your claim, you have the right to select whoever you want to represent you, and if you are not happy with your current attorney, you can try to work it out or you can terminate their services.

The proper thing to do is to make every attempt to contact the attorney not just by phone, if you have something that requires his/her attention, write a letter or send a fax. Put it in writing asking that they contact you. If they do not send them a letter advising that if you do not hear from them by a certain date (please keep in mind most attorneys are very busy people so if their staff calls you, consider that you have spoken with or through the attorney). Often times expecting to speak with the attorney on every little issue is not productive for anyone. An attorney's staff is there to help, so pass the message through them, if it is critical say so and let them know why.

If you say everything is an emergency or critical you will likely see less and less of your phone calls returned by the attorney.

Keep these things in mind. Ultimately if you can not resolve your issues, send a certified letter requesting a copy of your file so that you may seek new counsel.

What is an Occupational Accident Policy?

2009-05-13T15:17:00.000-07:00

I recently had a new client who after further investigation was determined to be covered for his injury under an Occupational Accident Policy, and not a Workers Compensation policy. In my client's claim, he was being paid weekly checks, receiving medical treatment and the insurance company requested an independent medical examination. In all respects it appears to be a workers compensation claim. Unfortunately after obtaining the policy, it is clearly worded to avoid workers compensation laws of just about every state but especially Georgia.

So how can they get a way without being held accountable by the Georgia State Board of Workers Compensation? Good question. Under the laws of Georgia in order to fall under the jurisdiction of the Workers Compensation Act, you must have three or more employees or have workers compensation insurance obligating yourself to coverage regardless of the amount of employees you have.

In my example, the direct employer was an owner/operator of a truck, my client his employee was injured while loading up a vehicle to be transported to another location. The direct employer was a clear independent contractor severing the statutory employer from any liability. In this matter we were not able to file a hearing like we can in standard workers compensation claims. The alternative unfortunately is no coverage and that is against public policy of helping injured workers.

I expect there will be a lot more questions regarding these "Occupational Accident Policies". If you do not know and are concerned about an injury, contact an Atlanta On the Job Injury Attorney for a free consultation at 770-948-5454.

Do I have to resign my job if I file a Workers' Compensation claim?

2009-05-09T19:05:00.000-07:00

This is a question that is not address often, but with Georgia being an at will state, meaning they can fire you for any reason whatsoever, they can pretty much terminate you for any reason. Now under certain circumstances if they terminate you while you are out of work in a workers compensation matter or on light duty as a result of a workers compensation claim, then if certain obligations are met, they may be obligated to pay you weekly benefits.

Usually unless you are just critical to the operation of the business, most insurance companies will pressure the employer to have the injured employee resign from employment.

Is this a reason not to pursue a workers compensation claim? Not if the injury is serious enough. If you are hurt seriously, there is a good chance you will not be able to return to work regardless of your condition, it just depends on the injury and how you have reacted to the treatment you have received.

If you are injured and do not know if it is a serious injury and do not know if you should seek the benefits provided under the Workers Compensation laws of Georgia, call an Atlanta Workers Compensation Lawyer at 770-948-5454 for a free consultation today.

How long will I receive temporary total disability income benefits?

2009-05-06T15:00:00.000-07:00

Often times when an injured worker in Georgia starts receiving income benefits or weekly checks the first thought is how long will I continue receiving these weekly benefits?

Well, the answer really depends on your care and what the doctor thinks you can do and your employer and if they have light duty work available and if your doctor thinks you can perform the task necessary to complete the light duty restrictions.

Once you are taken out of work for more than seven days by a physician you are entitled to weekly benefits or income benefits for up to 400 weeks unless there is a change in condition. What is a change in condition? A change in condition would be the doctor placing you on light duty work restrictions instead of you being unable to work, that is an example of a change in condition. There are many things that can be a change in condition if you are in a position where you are receiving benefits and are concerned about where you claim is going and what is going to happen to you, Call and Atlanta Workers Compensation Attorney for a free consultation at 770-948-5454 today!

Can I receive both workers compensaton and unemployment benefits in a Georgia Workers' Compensation claim?

2009-05-03T19:08:00.000-07:00

From time to time I have some questions regarding potential clients who have been terminated from employment and file for and receive unemployment benefits. Sometimes they were injured on the job and contact my office seeking workers compensation benefits or to find out what their rights are under the laws of Georgia.

One of their primary questions often is...Can I receive both workers compensation income benefits and unemployment benefits? The simple answer is it depends. Often times if you are entitled to income benefits from workers compensation you are either completely taken out of work by a doctor, and if that is the case, you clearly can not qualify for unemployment, because in order to qualify for unemployment you have to be ready willing and able to qualify for employment. As such, in that example you can not qualify for both. But there are examples of situations where you may qualify for both, an example would be if a doctor has released you to work light duty, your employer has terminated your employment. In this example you are able to work in a light duty capacity and therefore may qualify for unemployment, and it is possible that workers compensation may deny you or be disputing your rights to workers compensation benefits. If this is the case you could get unemployment and if you qualify and are later determined to be entitled to workers compensation benefits, workers compensation insurance carrier would get a credit towards any monies you receive from unemployment, so while you by get both, there is a credit provision, that would likely not allow you to receive both at the same time.

If you have a specific question about your benefits you may be entitled to under workers compensation in Georgia, contact an Atlanta Workers Compensation Lawyer today for a free consultation at 770-948-5454!

What benefits am I entitled to under a Georgia Workers' Compensation claim?

2009-05-01T08:45:00.000-07:00

When you are hurt on the job, the first and most important thing you need to do is notify your employer and or supervisor and let them know you have been injured. If you need medical care you should ask for it immediately. Under Georgia workers compensation, you are entitled to :

1. Medical benefits, for treatment of an injury which occurred in the course and scope of your employment.

2. Temporary total disability/ temporary partial disability benefits if you are taken out of work for more than seven days by an authorized treating physician.

3. Permanent partial disability if you are determined to have a permanent impairment rating by an authorized treating physician.

These three items are the main benefits in a workers compensation claim.

Medical benefits

Medical benefits are pretty self-explanatory, that is medical treatment as it relates to your work injury. There are many rules as to what doctors you can see and what diagnostic test can or can not be performed so it is best to contact a lawyer who works in the field of workers compensation so that they may counsel you as to your legal rights.

Temporary total disability/temporary partial disability benefits

TTD and TPD benefits are also known as income benefits or weekly checks. If a doctor takes you completely out of work for seven days you may be entitled to temporary total disability benefits. These benefits are not your pay prior to your work accident. In fact to calculate your benefits, the employer/insurer will take the thirteen weeks prior to your incident (if you worked that long) and average the pay, after that they take two-thirds of the average weekly rate not to exceed $500.00 per week and that is known as your comp rate. That is also your payment on your weekly checks if you are taken out of work completely.

If you are put on light duty work or restricted duty work and your employer has light duty work for you, but at a different rate of pay you may be entitled to temporary partial disability benefits. Contact a workers compensation attorney as this calculation can be case specific.

Permanent partial disability

Permanent partial disability benefits are usually benefits paid once a doctor has issued a permanent impairment rating. This is also a monetary benefit, the value is determined by taking the comp rate determined above, multiply that number by the impairment percentage issued by the treating physician and then multiplied by the body part that was injured (this number can be found on page 2 of a WC-2 at the State Board's Website or http://sbwc.georgia.gov/00/channel_modifieddate/0,2096,11394008_12593887,00.html).

If you have any questions it is best to contact an Atlanta Workers Compensation Attorney quickly for a free consultation so that you know your legal rights and get the treatment you need to get back to work and get back to a normal life.
770-948-5454!

I was in a one car accident? What can I do?

2009-04-28T08:02:00.000-07:00

I recently received a correspondence from someone who was injured in a one car accident with her husband driving. The weather was bad and the driver lost control was not able to stop when the road came to a T and hit a wall.

Prior to determining if we can provide help we must understand what constitutes negligence in Georgia. In any auto accident, in order to have a claim for negligence you must have four elements, duty, breach, causation and damages. In order to prove negligence you must prove all four elements.

Duty- is an obligation that one has by law.
Breach - is the breaking of a duty or obligation under the law.
Causation -that which actually produces it.
Damages - a measure of loss suffered.

In every Georgia negligence matter you must prove all four of the above items.

In an auto collision, the duty is to obey traffic laws. Often the breach of the duty is the violation of law. Causation is the injuries and/or property damage which is suffered as a result of the breach. And last but certainly not least the damages are the the medical bills, the lost wages, the mental and physical pain and suffering, etc. as a result of the breach of duty causing the auto collision.

Back to the question... If you are at fault for your own collision you can not bring an action for damages against yourself. While there may be some instances where you can bring a claim against a spouse, this was clearly not one of them, this was not something this person wanted to do.

While their may be other claims possible, a simple negligence claim would not be the best way to proceed under the facts given. If someone other than her husband was driving the passenger could pursue the driver. Under the facts in this matter, she could not pursue her insurance since her husband was deemed at fault.

If you are involved in any type of car crash, it is a good idea to know your legal rights, all initial consulations are free, call an Atlanta Car Accident Lawyer at 770-948-5454!

Why should I hire a Georgia attorney or lawyer?

2009-04-25T11:00:00.000-07:00

Recently I was contacted by a potential client's spouse, who asked me why she should hire an attorney to handle her husband's car accident? I advised her that depending on the extent of the injuries, she may not need to hire an attorney. She told me that her husband was seriously injured and would be out of work for a considerable period of time and that he had severe cuts on his arm from the collision and would likely have a horrible scar after he finished treatment.

After we discuss the details of the case, I told her I would be happy to help them resolve this matter and would attempt to obtain all of their damages and potentially future medical bills (dealing with the scar).

I did not hear from them again, until recently, I got a call, and the spouse advised that they had just signed a release but the insurance company did not reimburse them for all of their medical bills. When I asked few questions it appears that they had health insurance and the at fault car insurance company paid for the co-pays not the full value of the damages as they are required to do.

After signing the release, the insurance company advised that the matter was resolved and that there would not be any additional funds paid to them.

I asked her why she settled the claim and did not hire an attorney, she said she thought she could handle it herself. Apparently, they signed a release closing the case prior to getting clarification of what the insurance company was paying for. Do not let this happen to you, prior to signing any type of release, at least consult an attorney for their professional advice. If you are asking for legal advice the attorney may charge a small nominal fee, (we charge $40.00), but it is valuable to prevent you from making a mistake, like the family above, it will cost them several thousands of dollars, because they are required to pay back their health insurance and that will likely leave nothing for future medical care.

If you are seriously injured, you should speak with an Atlanta Car Accident Attorney for a FREE consultation at 770-948-5454.

Why do I have to sign a release to settle my personal injury claim?

2009-04-22T10:30:00.000-07:00

Usually at the end of claim, once both parties have agreed to a settlement amount, the insurance company will submit a release to be signed. Why do you have to sign a release? Well it is protection, that you will not come back if your injuries turn out to be more severe. By signing the release you are agreeing to resolve the claim for the amount specified and agree to waive any future claims against the at fault driver.

If you refuse to sign the release, usually the insurance company will refuse to submit the settlement funds. A release is their only way to resolve the claim and have proof the claim is resolved should someone attempt to see additional funds down the road.

The insurance companies have been in business for sometime and have tailored their releases to protect them from future damages.

If you are thinking about signing a release, it is important you know the legal ramifications. All releases are different and all contain different languages and therefore, you should never sign one you do not understand the language without consulting an attorney to explain the legal significance.

If you need an attorney due to a car collision call 770-948-5454 for Car Accident Attorney in Atlanta.

The Insurance adjustor has asked me to sign a release for my property damage, should I?

2009-04-19T08:55:00.000-07:00

In Georgia, it is important to know that when you are involved in a car accident, the status of the accident will determine what type of claims you may have. For example if your car is damaged and there are no injuries, then you have what is called a property damage claim. If you are injured and your car is damaged you have two separate claims, one is the property damage claim, and the other is what is called the bodily injury claim or BI claim.

A property damage claim consist of the cost of repairing your vehicle if the adjuster does not declare the car a total loss. Total loss means it would cost more to repair the car than the car would be worth, often times they will pay the fair market value of the vehicle at the time of the loss. Some other cost which are associated with property damage claims are diminished value, or property in the vehicle which may be damaged as a result of a collision. Often times receipts help substantiate or verify that you had work done on a vehicle prior to the collision, these also have value to your property damage claim. If you wear eyeglasses and they are damaged as a result of the auto accident, you could be entitled to replacement glasses.

Many people are upset when they find that the insurance company does not have to pay what they owe on the car. There are exceptions to every rule, and therefore it is always important to seek from someone who handles property damage claims if you have legal questions.

Anytime you are asked to sign any document, it is best to seek legal counsel so you know exactly what you are signing and what you are entitled to as a result of signing any documents. It is best to contact legal counsel prior to speaking with the insurance company so that your legal rights are protected in advance and you have someone who knows what is required and what is not required to process a claim and resolve a property damage claim. Often times information is requested that is not required to process a claim.

If you have been involved in any type of car accident and have spoken to the insurance company and they ask you to sign anything, call my office at 770-948-5454 and I will see if I can be of any assistance.

What does temporary partial disability benefits mean in a Georgia Workers Compensation claim?

2009-04-17T09:00:00.000-07:00

Temporary partial disability benefits are benefits which are temporary in nature, meaning they are not expected to be permanent. The partial term indicates that the disability is partial not totally disabled, usually the worker has been released to some form of work.

The calculation to determine what someone benefits would be under temporary partial disability benefits vary quite a bit, if you have specific questions regarding the calculation or the meaning behind this term it is best to contact a Georgia Workers Compensation Attorney immediately. Call 770-948-5454 for a free consultation.

How does the law in Georgia define a work related injury?

2009-04-14T09:00:00.000-07:00

Under Georgia law a work related accident is defined as an accident which occurs during the course and scope of employment. In short, there has been a lot of litigation over this topic. If you are on break, there are arguments that you are not in the course and scope of your employment, instead you are doing something on your own time. Also, if you are at lunch, and get injured once again the pivotal questions is when you were hurt on the job were you in the course and scope of your employment?

Every work related injury is different and any specific questions should be addressed by a Georgia Workers Compensation Lawyer at 770-948-5454!

I was involved in two car wrecks within one week, what do I do?

2009-04-11T09:00:00.000-07:00

It is not unheard of for someone to get into two car wrecks within a short period of time. This recently happened to two clients of mine. Both wrecks were not their fault. The question I received really stemmed from what do I do about the first wreck.

When you have two wrecks in a close time frame, usually you are in a situation where the first at fault party's insurance will deny coverage for any treatment after the second wreck date. In other words, if you were involved in a wreck on June 1st, 2009, and then had another wreck on June 10, 2009. Assuming both were not your fault, the insurance company for the at fault party will likely deny any coverage after the second accident on June 10th. You may also run into an issue with the second insurance carrier denying any injuries that were documented from the first wreck.

So where does this put you? If you are involved in this type of situation you need to contact an attorney immediately. The specifics of each wreck will vary and it is important in attempting to find out which accident was more severe in nature, and there are many other details which must be determined prior to attempting to see if either insurance company will consider resolving either of the wrecks.

Call an Atlanta Car Wreck Attorney at 770-948-5454 for a free consultation so you know what your rights are and what can be done about your unique situation.

Can I receive both Georgia Workers' Compensation benefits and Social Security/Disability benefits at the same time?

2009-04-08T09:00:00.000-07:00

This is a question that appears more and more these days. I have clients who as a result of their workers compensation injuries, they qualify and start receiving social security disability benefits. They get them both at the same time. Once the workers compensation claim is resolved, the social security disability benefits increase slightly.

Recently, I had a client who was receiving social security disability prior to her work related injury. As you can imagine, she was concerned that she would have her benefits either lowered or completely stopped. It is possible that they will lower the social security disability benefits, but they will likely increase once you are have resolved the workers compensation claim.

If you are seriously injured on the job, and are concerned about your legal rights, call my office at 770-948-5454, the consultation is free.

What does temporary total disability mean in a Georgia Workers' Compensation claim?

2009-04-05T09:00:00.000-07:00

Total temporary disability benefits are benefits under the Georgia workers compensation system, where by a doctor has taken an injured worker completely out of work as a result of a work related injury.

Under Georgia law you are entitled to temporary total disability benefits if you are taken out of work for more than seven days.

Temporary total disability benefits are calculated by taking your prior 13 weeks of wages and averaging them, then taking 2/3 of the average with a cap of no more than $500.00 a week currently. The maximum rate has changed recently, and if you were injured several years ago the maximum rate could be lower.

Technically speaking once you start receiving temporary total disability checks also known as income benefits, you are entitled to them for 400 weeks, unless you have a change in condition. A change in condition would be something like when a doctor releases you to either light duty or full duty work. There are other items which could lower the weeks from 400 to 350, but that is not the scope of this post.

If you get released you have undergone a "change in condition" and your benefits would stop under certain conditions.

If you are getting income benefits and are concerned they are not the correct amount, based upon what you were previously earning, call an Atlanta Workers Compensation Attorney at 770-948-5454. The consultation is free.

I was hurt at work, what do I do now?

2009-04-02T09:00:00.000-07:00

If you are injured on the job in Georgia, you may have what is called a workers compensation claim. In order to determine if you have a workers compensation claim, you must

1. be an employee- if you are a contractor there are special test to determine if you are entitled to workers compensation coverage.

2. be hurt in the course and scope of your employment or hurt while you are doing something related to your employment.

3. Your employer must have three or more employees to be subject to the workers compensation act. By being subject to the act the employer is required to carry workers compensation insurance coverage.

If these three criteria are met you are entitled to medical benefits as they relate to your workers compensation injury.

You must provide notice to your supervisor as soon as possible once you are injured. If you need medical attention you should ask your employer for treatment.

Medical care is the primary benefit the workers compensation system provides. Other benefits would include possibly income benefits and/or permanent disability benefits.

If you are injured on the job and have questions about what your legal rights are and what you may be entitled to under the law, contact an Atlanta Workers Compensation Lawyer at 770-948-5454 immediately for your free consultation.

When am I entitled to income benefits in my Workers' Compensaton claim?

2009-03-29T09:00:00.000-07:00

Often times when someone is hurt on the job, they are entitled to medical benefits or medical care as it relates to their work related injury. Sometimes their injuries are serious enough for the doctor to take them out of work. Currently under Georgia law, you are not entitled to income benefits unless you are taken out of work for more than seven days. After you have been taken out of work by a doctor for over seven days you are entitle to what is call temporary total disability benefits.

The calculation will depend on how long you have been employed with the employer. If you have worked over thirteen weeks, usually to calculate your income benefits you take the thirteen weeks prior to the on the job injury and average the payments. After you average the payments you then take two thirds of the average with no more than $500.00 per week. That will be what is referred to as your comp rate.

If you or a loved one has been injured on the job and do not feel they are getting the benefits they are entitled to under workers compensation, call my office and talk to an Atlanta Workers Compensation Lawyer today at 770-948-5454.

What do I do if my car is hit by a driver who flees the scene?

2009-03-26T09:00:00.000-07:00

If you are involved in a car crash and the other driver flees the scene on foot or does what is commonly called a "hit and run", you have options. You may not have as many options as you would if the driver had done the right thing and stayed at the scene, but the first thing is if you are not injured and can get out of your car you want to do the best you can to get a description of the driver and the car. Every bit of information helps.

If there are witnesses it would benefit you greatly to ask them if they could describe the driver and vehicle which was involved in the accident. A common mistake is the police do not always get the witnesses at the scene because they often can not wait for the police to arrive due to work schedules and other obligations.

Call an attorney to investigate and attempt to help the police find the at fault driver. Some evidence may be destroyed such any details of any issues of alcohol and/or drug use may not be present by the time the police are able to locate the driver if they can. But ever descriptive detail you or the witnesses can provide the police will help them in their attempts to locate the at fault driver.

If it is determined that the at fault driver can not be found, then you will need to follow through with an uninsured motorist claim with your insurance carrier if you have that coverage. If you would like more information on uninsured motorist coverage please click on this link.

You may only have a couple of days after any car crash to notify your insurance company, so it is probably best to contact an attorney find out what you legal rights are and what information you should provide and what information you do not need to supply as it may not be related to this matter.

If you find yourself in this position please do not hesitate to contact an Atlanta Car Accident Lawywer at 770-948-5454!

The insurance company seems desparate to have me settle my claim should I?

2009-03-23T09:00:00.000-07:00

Just like in most things in life, if it does not feel right, question it. What is important to know is when you are injured in a motor vehicle collision you have two claims. So what is important is to be clear about what you may or may not be settling. When you are injured you have a claim for 1) property damage, and 2) bodily injury.

A property damage claim is all of the damages related to your damaged your car and any items damaged in your car during the crash. Items such as glasses, cell phones, or any other items included or not with the value of your vehile. Often times the insurance company will send out someone to appraise and determine if the vehicle can be fixed or it is a total loss. If the vehicle can be fixed then they will issue a check to who ever is going to repair the vehicle. If it is a total loss they will pay the fair market vaule of the vehicle taking into consideration the condition and the mileage as well as the make and model. Once the vehicle is declared a total loss or that it can be fixed the insurance company is eager to settle the claim promptly. As such they may be willing to come to you in order to settle this matter.

Still it is always good to contact an attorney to make sure you are covering your bases and are not over looking something.

Should you have any questons, call an Atlanta Car Accident Attorney at 770-948-5454!

What recourse do I have if the personal injury adjustor has denied my claim?

2009-03-21T09:00:00.000-07:00

If the insurance company has either denied your claim or is not offering you what you think the value of your claim is worth, you have the option of litigation. Litigation is whereby you bring a lawsuit against the at-fault driver. Keep in mind, the insurance company will not be listed on the complaint for personal injury. Often times when I tell people this they do not understand. I get questions like but why are they trying to settle this claim the insurance company if we are going to sue the at-fault driver?

The answer is simple, the person you are suing is the person who injured you in your car crash. If they have insurance as they are required to under Georgia law, then the insurance company has contracted with the policy holder to provde protection up to the policy limits paid for by the policy holder. So once a claim is set up, the insurance company will step in and determine if there is coverage. If there is coverage they will attempt resolve the claim with in the policy limits of the at fault driver. Any amounts sought over the policy limits would come directly from the at fault driver's assets. Going after the at fault driver's asets can be complicated and take a long time. Both of which survivors of car crashes usually do not wish to wait around for.

If you have been in an auto accident and the insurance company is not attempting to settle with you there could be many reasons but it is at that time that you should contact an attorney to get an idea on if litigation or a trial would be best for your situation. Another factor in determining if you should bring a lawsuit against the at fault driver, is the Statute of Limitations which at the time of this posting is two years from the date of accident. This is subject to change and if you have any questions on other statute of limitations deadlines, you should contact legal counsel immediately.

Contact my office if you would to speak with an attorney on your auto collision. Call 770-948-5454 today.

How do I get medical care if I do not have health insurance?

2009-03-18T19:00:00.000-07:00

In Atlanta, we have our share of auto accidents, and our share of non fatal injuries. The first question an injured person who has been relased from the hospital and is cleared of any life threatening issues, is How do I get medical care if I do not have health insurance? Recently there was an article which was published on www.wsbtv.com, where they provided several examples of where to attempt to seek medical care. The article is titled Uninsured Can Still Find Good Health Care.

Anyone who has been injured should start with these resources. Depending on the type of injury and the serious nature of medical care needed, sometimes it can be as simple as asking. Ask the hospital staff if you are taken to the hospital. As you are relased ask the staff, do you know where I can seek treatment with no health insurance? If you have a primary care physician, follow up with them and ask what you can do to the medical care you need.

It boils down to diligence, if you are hurting you will find a way to get treatment even it requires signing medical liens. A medical lien is a legal document you sign promising to pay the doctor for the medical care. This allows you to get the treatment you need now to get you back to work and then once you are back at work you can start paying the doctor back. If you have personal injury claim, you would agree to pay the doctor back from the settlement.

As you can imagine there are not a lot doctors willing to treat patients on a lien. In fact there are not a lot of doctors who will treat patients who have been involved in a auto accident. The reasons for this vary, but one big reason is the doctors do not wish to take a gamble on being paid in the future, or spend extra cost attempting to collect money from you when they can just refuse to treat you and only take on patients that either have health insurance or will pay cash in advance.

Clearly this puts people who need medical care the most at risk for not getting it, and it creates a system where people with money get treatment and the people without do not.

The fact it if you are diligent in your efforts to seek treatment you will get the treatment you need. Remember if you are injured while an attorney will represent you to the best of his/her abilities, they do not experience the pain and suffering you do so it is imperative that you are an active part in any treatment you seek along with the help of an attorney.

Other areas of affordable sources to help pay for medical bills would be medical payments coverage through your automobile insurance. Once you have a wreck it is too late. So check on it today.

If you are in need of an Atlanta Car Accident Attorney, call my office at 770-948-5454 today, to see if I can help you in this difficult time.

What is medical payments coverage?

2009-03-15T09:00:00.000-07:00

One of the first questions I ask clients when they ask me about medical care and how they are going to pay for their medical care, is do you have medical payments coverage?

Often times I get a response like my insurance agent says I am fully covered. Yet when investigating coverage often times medical payments coverage is not listed on their policy.

Medical payments coverage is insurance you purchase through your automobile insurance carrier. You can purchase it in amounts from $500.00 to $50,000.00. You might can purchase in amounts higher than $50,000.00, I have yet to come accross anything higher than that amount. If you are then injured in an autombile crash, and you have medical payments coverage, that would be your primary coverage before you use any other form of health insurance.

Medical payments coverage is usually quite affordable, you need to speak with your insurance agent if you are curious as to cost. I tell you from my experience medical payments coverage is often the thing that allows clients to get treatment if they can not pay for medical care up front.

Keep in mind often times when you are in an serious car crash, you usually can not work so that is not the time to say, well I can use my next pay check to pay for care. Once you are at that point it is too late.

Medical payments coverage has saved many families the hassle of wondering how they were going to afford medical treatment when a loved one was not able to work due to his/her injuries. Look into it today. Hopefully you will never need it but if you do you will be glad you have it.

If you have suffered an injury and are unsure how to proceed, call me the Atlanta Auto Accident Attorney at 770-948-5454. Let me use my experience in car wrecks to help you move through this unpleasant time as quickly as possible.

I was injured in an car wreck while going to the job, do I have two claims?

2009-03-12T09:00:00.000-07:00

Depending on the circumstances of your work, it is possible to have a personal injury claim and a workers compensation claim. In order for this to happen you must have what is called third party liability.

The laws in Georgia, provide for what is called an exclusive remedy in workers compensation claims. What that means is, if you are injured on the job, you can not decided to file a personal injury claim against your employer, you must file a workers compensation claim. But there are occasions where you could have both a personal injury claim and a workers compensation claim.

An example would be someone, who is picked up by his employer, and they are en route to a work site, and unexpectedly get into an auto accident. As long as the at-fault party is not the employer, there exists a third party liability claim. In this example there would be a workers compensation claim and a personal injury claim.

If you have any questions as to if you have a workers compensation claim and/or a personal injury claim do not hesitate to contact the offices of an Atlanta Car Accident Attorney at 770-948-5454.

Do I need an attorney for my auto accident?

2009-03-09T09:00:00.000-07:00

I received a call recently from someone who was in a rear-end collision. They refused medical care at the scene. After a couple of days their pain was bothering them so bad they had someone transport them to the hospital. Luckily it turned out that they did not have serious injuries and were released from the hospital diagnosed with whiplash.

I asked the caller how they were feeling and they said they were fine and would not be getting additional treatment. I then asked how I could help them. They wanted to know if they needed an attorney. In this caller case I did not feel that they needed an attorney. Clearly this person has damages, (hospital, professional service fee, and radiology bill), but the bills are the only damages. The caller did not miss any work, and the property damage or vehicle was totaled and paid.

In the grand scheme of things, this matter will not have a great deal of pain and suffering attached to it. As a result if an attorney gets involved it likely will not get the person involved in the accident enough to pay their medical bills.

In matters where there is limited treatment, it does not necessarily benefit someone to obtain an attorney.

All cases vary as far as medical treatment, injuries, and damages. If you ever have any questions is it always better to be safe than sorry. Consult with a Car Crash Attorney free of charge to see if legal representation is what is best for you in your specific matter. If you do not have an attorney, call my office at 770-948-5454 and I will be more than happy to discuss your claim and what is best for you.

I was in a rear-end collison, how can the insurance company deny my claim?

2009-03-06T19:07:00.000-08:00

Often times, people assume that just because they were rear-ended by another driver they have no fault in the matter. The fact is a lot depends on circumstances surrounding the wreck. If there were no citations issued, sometimes that means the police officer could not determine fault. Sometimes it means the officer did not wish to issue a citation. There have been circumstances where the at fault vehicle was actually the vehicle that was rear-ended.

Sudden stops for no apparent reason can make the person who was rear ended potentially partially liable. Other cases whereby someone is rear-ended but may have fault would be if they did not have their lights on. Independent witnesses help can help determine the surrounding circumstances. If there are no witnesses it can be a he said, she said matter in which clear liability is never established.

Protect yourself by locking down all witnesses statements, and carrying a disposable camera in your glove box so that if you can capture evidence should you be involved in a a rear-end collision.

This is why it is so very important to contact legal counsel immediately after a car crash so that you have some one protecting the evidence that is important to show you are not at fault and did not contribute to the collision.

If you need an Atlanta Car Accident Attorney call my office today at 770-948-5454 for a free consultation.

What is my car wreck case worth in Atlanta, Georgia?

2009-03-03T10:46:00.000-08:00

This is probably the number one question a survivor of a car wreck has. And to put it simply, it depends on many factors. It depends on the insurance coverage. It depends on the determination of fault or liability. It depends on the credibility of the parties. It depends on the damages of the case, which in turn depends on the cost of medical care, the amount of time you are out of work with an excuse from a medical provider, etc. As you can see there are many factors which go into deciding the value or worth of a claim.

Every case is different. Early in a case it is very hard to put a value on a case. If someone does, I would be concerned, as any estimate in value will depend on many issues. What should be the first concern is your health or physical and mental well being.

If you are injured in a car wreck, what is important is if you are hurt you seek medical attention immediately. If you are not hurt, then do not. And it is important that you not consider any type of settlement until you know the full extent of your injuries. Once you know the full extent of your injuries only then can you have a realistic idea of what a portion of your damages are.

Another portion of your damages will be lost wages if a doctor has taken you out of work. Depending on the severity of the injuries this could be from one day to several months or in catastrophic cases it could be for life. This can be a substantial amount of your damages as well.

The list goes on and on. If you are involved in a serious accident and need help determining the amount of damages and determining the value of your case, contact an Atlanta Car Accident Lawyer at 770-948-5454 so we can help make sure you have calculated all of the damages you have as a result of your car wreck.

What does 25/50 mean on the at fault drivers insurance policy?

2009-03-01T18:00:00.000-08:00

This is an indication of the insurance coverage. 25/50 means no more than $25,000.00 per person and no more than $50,000.00 per accident. This is the minimum limits under Georgia law. This can be the limits for the liability coverage for the at fault driver. It could also be referencing the uninsured/underinsured motorist coverage.

If you have insurance coverage questions regarding a motor vehicle collision you are involved with call an Atlanta Car Accident Attorney for a free consultation at 770-948-5454.

Why does the at fault insurance not pay for my medical care?

2009-02-28T06:00:00.000-08:00

In Georgia, there seems to be a misconception that the at fault insurance company must pay for medical care. Unfortunately, in Georgia the at fault insurance company will not pay for your medical care until you have completed treatment. The insurance company will settle at the end and will not pay as you go to treatment.

If you have medical payments coverage through your automobile insurance policy, group health insurance, Medicare or Medicaid, you may have a source to cover your needed medical expenses. Otherwise, if you have no insurance coverage, it likely could be up to you pay your medical provider as you go. There are other options, such as the medical providers may perform their medical services on a lien basis.

A lien is an agreement to treat the patient now in return for payment once the case is either won or settled. Now a days it is getting increasingly difficult to find medical providers who will work on a lien. Most medical providers do not wish to wait for payment, or in some cases treat the patient and not get paid at all if the patient is not successful for any reason.

Recently, there are organizations which will work with doctors and attorneys in order to get clients medical treatment they need and to make sure the doctors get paid for their services.

If you need an Atlanta Car Crash Lawyer, call my office at 770-948-5454 now so we can put our experience to work for you.

I have had a car wreck. Why is the insurance adjustor asking me for a recorded statement?

2009-02-25T23:00:00.000-08:00

Many times when an injured party attempts to set up a car wreck claim, the insurance adjuster will likely ask or just tell the injured party that their conversation maybe recorded. Then usually the insurance adjuster will start asking questions. It is very important that you realize that the insurance company is using this recorded statement to determine their liability. Any uncertainty on your part can open a opportunity for the insurance company to cross examine the injured party and attempt to either reduce their liability or to eliminate it all together.

Everyone who has been home during the mornings around 10:00 AM you start seeing commercial for personal injury attorneys. One of their biggest messages is, "call our office before you contact the insurance company". That way, the possibilities of a recorded statement can be reduced or in some cases eliminated.

It is very important to realize often times your insurance company may have provisions in your insurance policy which requires you to provide your automobile insurance company a recorded statement. If you refuse they may have the ability to refuse coverage. Insurance policies vary so if you are in an car wreck and do not know what information you need to look at, contact my office for free. I am an Atlanta Car Wreck Lawyer and I have dedicated my law practice to helping people who have received injuries from car wrecks, call me at 770-948-5454 so that my office can help you before you contact the insurance company.

Should I sign a medical release for the insurance adjuster in Georgia?

2009-02-20T09:23:00.000-08:00

Sometimes, if someone is attempting to handle a motor vehicle crash in Georgia on their own, often times an adjuster will request or require that they sign a medical release so the adjuster can obtain the medical records. What is often not discussed is the legal language of the medical release, often times it gives the adjuster the right to look into your medical background and does not restrict it to the car crash only. They use this information to seek out other injuries you may have had to the body parts you claim for your accident. Why do they do this?

Well, the obvious reason is it gives them an opportunity to allege that your injury was preexisting (or occurred prior to the car crash) and was not the direct result of the auto collision. They will in turn adjust their reserves or lower the value of the claim.

This is why it is important that you not sign or submit anything to the insurance companies until you have spoken with legal counsel to find out if it is in your best interest to sign whatever document they are requesting. Some adjusters have gone so far as to tell the injured person they will not be able to work on your claim unless you sign the documents they request. This may or may not be true but if that happens to you, you should contact an attorney immediately to find out your legal rights. An attorney can help you and your claim, so that your rights are protected and not exploited.

If you or a loved one has been in an auto accident and you need help, do not hesitate to contact me at 770-948-5454 and see if this Atlanta Auto Accident Attorney can be of assistance to you and/or your loved one.

In Georgia, if the at fault driver in my auto accident case does not have insurance, is there any thing I can do?

2009-02-14T12:56:00.000-08:00

This is a question my firm gets a lot. The fact it that all drivers are required under Georgia law to maintain liability insurance coverage. The reality is not all drivers have any insurance on their vehicles. As a driver in Georgia it would be beneficial to attempt to protect yourself from uninsured drivers.

There are ways to do this through selecting underinsured/uninsured motorist coverage. This insurance offers you coverage if you are not at fault and the at fault party either does not have coverage, or does not have enough coverage.

At this time the minimum limits of insurance coverage is $25,000/$50,000. That means the minimum insurance coverage will afford no more than $25,000.00 per person and no more than $50,000.00 per accident no matter how many people may be involved.

If you have underinsured/uninsured motorist coverage and are involved in an accident it is recommended that you notify your insurance company immediately.

While currently as of the date of this post you may have a two year statute of limitation, that may not apply to your own insurance do to the contract for coverage. In most insurance policies notice is required within days of a collision. If no notice is provided to the insurance pursuant to your policy, the insurance can and will deny you coverage. If you have any questions it is best to put them on notice and set up a claim.

There are too many collisions whereby there is no or not enough insurance. To protect your family look into underinsured/uninsured motorist coverage so you will not be one of them.

If you are injured in an auto accident and need a first-rate car accident attorney in Atlanta to help you through this difficult time, give me a call at (770) 948-5454 so I can find out a little more about your accident and how I can help.