How to Choose the Right Atlanta Personal Injury Attorney: 6 Tips

Table of Contents

  1. Hire an Attorney Who Specializes in Personal Injury Law
  2. Hire a Personal Injury Attorney Who Has Relevant Experience With Similar Types of Cases
  3. Hire an Attorney Willing to Take Cases to Trial When Necessary 
  4. Hire an Attorney with a Proven History of High Settlements 
  5. Hire a Personal Injury Attorney That You Feel Comfortable With
  6. Hire a Personal Injury Attorney Who Is Readily Available to Their Clients
  7. Hire a Personal Injury Attorney from The Brown Firm in Atlanta

If you or someone you love were in a car accident, slip and fall incident, or other injury incident that wasn’t your fault, choosing the best attorney to handle your Atlanta personal injury claim is critically important. If you want to receive the full and fair compensation you deserve for your losses, having the right injury attorney at your side gives you a huge advantage.

But finding that attorney is no easy task. Like any large city, there are hundreds of personal injury lawyers to choose from in Atlanta and the surrounding areas. How do you know what to look for? Which one is right for your case?

With more than 30 years of personal injury law experience, the attorneys from The Brown Firm in Atlanta know a thing or two about what makes a great attorney. Here are six top six tips to consider when you’re looking for legal representation.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

1. Hire an Attorney Who Specializes in Personal Injury Law

The difference between a successful personal injury case and an unsuccessful one can come down to the lawyer representing you. Hiring an experienced personal injury lawyer who knows what to look for (and where to look for it) can make all the difference during the negotiation and settlement process.

Personal injury law has many intricacies that differentiate it from other types of law. If you hire an attorney with little to no experience in personal injury law, or who handles some personal injury cases but primarily focuses on other areas of the law (divorce, bankruptcy, etc.), you may run the risk of losing your case or not being offered the compensation you deserve. 

Before you hire an attorney, consider asking these questions to gauge the experiences they have had handling similar cases in the past:

  • How long have you been practicing personal injury law?
  • How many cases have you handled?
  • What is your success rate for Atlanta cases?
  • Have you had experience with a case similar to mine?
  • Do you have experience with the insurance company representing the entity I have filed my claim against?
how to choose personal injury attorney
how to choose personal injury attorney

2. Hire a Personal Injury Attorney Who Has Relevant Experience With Similar Types of Cases

Even within the field of personal injury litigation, there are many different types of cases—car accidents, truck accidents, product liability, medical malpractice, defective products, and more. Each comes with its own set of unique challenges and obstacles when it comes to gathering evidence, identifying potential sources of insurance coverage, building a case, negotiating settlements, and more.

It’s entirely reasonable to ask your lawyer if they’ve handled similar types of personal injury claims in the past, and what the outcomes were. While every case is unique, relevant experience with cases that had similar circumstances can be extremely valuable.

3. Hire an Attorney Willing to Take Cases to Trial When Necessary 

There are many attorneys who handle personal injury cases but have never actually seen the inside of a courtroom.

While it’s true that most personal injury claims are settled before trial, and both sides have a strong incentive to reach a mutual agreement rather than put themselves in front of a jury, a good personal injury lawyer will be willing and able to go the distance when necessary.

Insurance companies are extremely aggressive in negotiation. They will work as hard as they can to either deny your personal injury claim or reduce the amount they have to pay as much as possible. If they know that your lawyer does not have trial experience, they will use that to their advantage and attempt to get you to settle for less than you deserve.

To make sure your personal injury attorney is comfortable in an Atlanta courtroom before hiring them, consider asking the following questions:

  • Are you willing to take my case to court if necessary?
  • How many cases have you taken to court?
  • What is your success rate in Atlanta courts?
Atlanta personal injury attorney
Atlanta personal injury attorney

4. Hire an Attorney with a Proven History of High Settlements 

Personal injury cases aren’t simply “win or lose.” If the facts are clearly on your side, even less experienced attorneys can win your case. But the best personal injury lawyer won’t just win—they’ll do everything in their power to help you walk away with every last penny you’re entitled to. And they’ll have the track record to back it up.

Are you getting fair compensation for your pain and suffering? Have all of your projected future medical bills, lost wages, and other expenses been correctly taken into account? Have all responsible parties and relevant insurance policies been identified? The right personal injury lawyer will know how to ask (and answer) the right questions to maximize your settlement.

Not every case is worth millions, of course. But whether your case is small and simple or big and complex with catastrophic injuries, you want to be confident that the attorney you hired can deliver the best possible results. 

Before you hire an attorney, consider asking them the following question: 

  • Can you show me examples of cases you have won and the amount of compensation that was awarded in the settlement offers? 

RELATED POST: What Is a Fair Amount for Pain and Suffering in a Georgia Personal Injury Case?

5. Hire a Personal Injury Attorney That You Feel Comfortable With

Anyone looking for a personal injury attorney is undoubtedly dealing with significant stress and trauma. The last thing you need is the feeling you can’t trust or depend on the lawyer you hired to care for you. Don’t underestimate the importance of the attorney-client relationship—compatibility with your lawyer (and your lawyer’s style) can mean a great deal for your peace of mind, and your case.

Our goal as attorneys at The Brown Firm is to always protect the injured — and we mean that in every sense. We have your best interests at heart, physically, emotionally, and financially.

Never settle for an attorney who doesn’t ensure you are comfortable throughout the entire legal process or won’t back your case whole-heartedly. That means making sure you’re constantly updated and informed about your case, taking time to answer any questions you have along the way, and never making you feel like you’re an afterthought.

You should also make sure your attorney is completely dedicated to putting as much money back into your pocket as possible once your case has been decided. Attorney fees should be fair and clearly communicated up front, with no hidden surprises. If you have significant medical debts, your attorney should also negotiate with providers to reduce what you owe, so you can keep more for yourself and your family.

When considering which attorney to hire, ask yourself the following questions:

  • Does this attorney take the time to hear my concerns and answer my questions so that I understand?
  • Will this attorney walk through the healing process alongside me?
  • Will this attorney fight for my case?
  • Does this attorney treat me as a unique individual and not as just another client?
  • Does this attorney treat me with empathy and compassion?
  • What are the attorney fees? Does this attorney promise that, after a successful case, they’ll put more money in my pocket than theirs?

6. Hire a Personal Injury Attorney Who Is Readily Available to Their Clients

The details are important when hiring an attorney. It won’t help you if you choose a lawyer to represent your case but can never get in touch with them or their fees are higher than you can afford. (Most personal injury lawyers work on a contingency fee basis, meaning you only pay them if they win. But you should always confirm, just to be safe.)

Furthermore, familiarity with the local courts, judges, and even other lawyers representing the insurance company will help your attorney represent you to the best of their ability.

Consider the following logistics when choosing a personal injury attorney:

  • Is this attorney easy to get a hold of when I need them?
  • Does this attorney communicate through my preferred methods (i.e. phone call, email, text, etc.)?
  • How much does this attorney charge for their services? Are there any additional fees along the way? If they are paid on contingency, roughly what percentage of my settlement will they receive if I win?
  • Is this attorney local to me in Atlanta?

Ready to Talk to a Lawyer Who Has Your Back?

Atlanta personal injury attorney
Atlanta personal injury attorney

Hire a Personal Injury Attorney from The Brown Firm in Atlanta

Hiring the right personal injury attorney to assist with your accident injury lawsuit can go a long way toward helping you receive the compensation you deserve. When you go through the hiring process, know you do not need to hire the first attorney you speak with. Be sure you feel comfortable with the lawyer’s ethics and experience. 

The personal injury lawyers at The Brown Firm have over 30 years of experience in protecting the injured in Georgia and South Carolina. We make it our goal that every person who walks through our doors feels listened to and respected, and leaves with the confidence that we have the knowledge, skill, and passion to fight for your case and back you every step of the way.

If you were injured in a personal injury accident in Georgia, get in touch with us for a free consultation. During that initial consultation, you can ask any questions to determine if we’re the right law firm for your case. 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Can a Car Accident Make Scoliosis and Other Back Conditions Worse?

If you’ve suffered a car wreck and found yourself experiencing pain in your spine as a result, you’re not alone.

Neck and back problems are among the most pervasive symptoms following an accident. In fact, the United States alone reports well beyond 800,000 auto-accident related neck injuries each year. Overall, U.S. consumers and insurance companies spend over $5 billion annually on treatment for these injuries.

But what if you already have an existing back problem, like scoliosis? Can a serious car accident make your situation worse? And if so, what kind of compensation could you receive from a personal injury lawsuit?

In this blog post, we’ll take a closer look at how car accidents can cause or exacerbate back pain and scoliosis, and what your legal options may be.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

The Link Between Spinal Injuries and Car Accidents

So, can a car accident cause back conditions, or make existing cases worse? The short answer is yes, it can.

Your spinal column is one of the most vulnerable parts of your body during a car crash. When two vehicles collide, the sudden “whipping” impact of inertia often causes the load on the occupant’s neck to skyrocket. This is especially true for rear-end collisions, but it can occur in other types of vehicle accident as well.

Sometimes, the force is strong enough to result in herniated spinal discs, broken vertebrae, joint damage, muscle damage, or even a spinal cord injury. If left untreated, injuries such as the above can trigger the development of scoliosis or cause an existing case to worsen at an accelerated rate (or develop symptoms for the first time). This may result in increased pain and mobility problems and make it much more difficult to function from day to day.

scoliosis after car accident
scoliosis after car accident

What is Scoliosis and Where Does it Come From?

Let’s provide a quick explanation of scoliosis.

A healthy spinal column is straight and firm. From this position, it helps the body retain upright and proper posture.

Scoliosis, however, causes the spinal column to bend in various abnormal ways. Instead of rising straight through the back to the neck, it bends toward one side or another (often taking on the shape of an S or a C). Because of this improper shape, scoliosis patients may suffer from a range of problems, including:

  • Mild chronic pain (causing daily irritation, but manageable)
  • Poor posture
  • Mobility limitations
  • Exhaustion
  • Severe chronic pain (impeding everyday tasks)

There are a number of possible causes for scoliosis — in fact, doctors are fairly certain they haven’t yet identified every factor in its development. But some of the most widely recognized are:

  • Hereditary genetic conditions and/or genetic mutations (such as Marfan or Down syndrome)
  • Physical trauma such as sports injuries
  • Cerebral palsy
  • Birth defects
  • Muscular dystrophy
  • Tumors

For many patients, scoliosis is first diagnosed during childhood or adolescence. In some cases, physical trauma later in life can be an instigating factor.

RELATED POST: What is a Fair Settlement Amount for my Back Injury?

Those With a Pre-Existing Condition May Struggle to Get Fair Compensation

If a car accident caused your back condition or made it worse, you absolutely have a right to make a personal injury claim.

Legally, the insurance company is required to take an injured person “as they are.” If you have a pre-existing medical condition that is unaffected by the accident, then you won’t receive any compensation for it. But if your medical condition is aggravated by the accident, you are entitled to compensation—to the degree that it was made worse.

However, this does not mean that getting fair compensation for your medical bills, lost wages, and other damages resulting from your car accident injuries will be easy. Saying a car accident aggravated your scoliosis is one thing; proving it to the insurance company is another.

You will likely need strong evidence that establishes:

  • Your condition, symptoms, and project long-term medical treatment needs as they were before the car crash
  • Your condition, symptoms, and projected long-term medical treatment needs after the car crash
  • A qualified medical opinion linking the aggravation in your symptoms to the crash

Always Get a Thorough Medical Evaluation After a Car Accident

Because the range of injuries possible in an auto accident is so vast, it’s not unheard of for a victim to walk away from the incident assuming that they’re physically unharmed, only to find themselves dealing with more pervasive problems days, weeks, months, or even years later.

Scoliosis is of vital concern to automobile accident victims — both for those who already suffer from the condition and those not diagnosed beforehand. Many accident victims find themselves wondering if they developed scoliosis because of the incident, while those with a pre-existing scoliosis diagnosis may develop a sneaking suspicion that the accident made it worse.

If you’ve been in an auto accident, regardless of how you feel immediately afterward, it’s critical that you seek medical attention immediately. Not only will this assure your well-being, but it will help you establish the best chance of filing an insurance claim for medical problems that may arise in the future.

Again, it’s very likely that the insurance company will try to argue that your scoliosis was pre-existing and not caused or made worse by the accident. The best way to defend yourself against that claim is to have detailed medical records, originating as close as possible to the date of the crash, outlining your diagnosis and the treatment steps you’re taking.

RELATED POST: Can I Be Compensated for Neck and Back Pain After a Car Accident?

can a car accident aggravate scoliosis
can a car accident aggravate scoliosis

How Can I Tell If I Have a Spinal Injury After a Car Accident?

It’s understandable if neck and back injuries aren’t your first thought after a car accident, especially if you’re not currently experiencing any symptoms. The excitement and trauma during and following an accident can cause an increased flow of adrenaline, which can cloud judgment and senses.

In other cases, as we mentioned, a spinal injury may take time to manifest because of prolonged deteriorations. Some patients may not notice until much later in life. Again, this is why you should seek medical attention immediately.

As far as scoliosis is concerned, there are some telltale signs that may indicate an aggravated or onsetting condition. These include:

  • Back or neck pain
  • Tingling or numb limbs
  • Leg and back muscle strain
  • One arm hanging lower than the others (uneven shoulders)
  • Uneven ribcage
  • Uneven hips (one higher than the other)

Fortunately, scoliosis is usually easy to diagnose. Doctors will often use an X-ray to look for structural damage to the spine. If it’s discovered, they may order additional imaging to determine the extent of the damage.

Ready to Talk to a Lawyer Who Has Your Back?

can a car accident make scoliosis worse
can a car accident make scoliosis worse

Treatment and Legal Options

Recovery from scoliosis and other back and spinal injuries can be difficult and time-consuming. In treatment, the doctor will seek to limit pain, improve discomfort, and prevent further curvature of the spine.

A number of treatment options are available, depending on the severity of the condition. More invasive procedures may be required in extreme cases, especially if discs have been damaged or vertebrae have been fractured. These treatment options include.

  • Surgery (with a neurosurgeon or orthopedic surgeon)
  • Wearing a back brace
  • Chiropractor visits
  • Physical therapy

Unfortunately, this process can often mean financial distress. Patients undergoing treatment for scoliosis often miss time at work. Treatment can be expensive, and insurance companies are known to drag their feet when paying out a claim. Others may attempt to use pre-existing scoliosis as an excuse to avoid payments—even if the scoliosis didn’t cause problems prior to the crash.

Once again, your first step should be to seek medical attention. But whether your condition is new or aggravated, the law is on your side. If you’re experiencing additional or worsening pain as a result of negligence, an experienced attorney can help you prepare the necessary documentation and prove your claim to the insurance company (or if necessary, at trial).

Harry Brown: The Chiropractor Lawyer

Harry Brown was a chiropractor before becoming a lawyer, giving him unique insight when it comes to cases involving back conditions such as scoliosis. His mission has always been to protect the injured, whether in a healthcare setting or within the legal framework.

He understands the physical and emotional toll attached to auto accident injuries, and will be with you every step of the way to guide you through this stressful period of your life. This expertise also renders  him uniquely qualified to fight for the payout you deserve while you focus on recovery. Request a free consultation today!

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild. We serve all of Georgia and South Carolina from four conveniently located offices in Savannah, Atlanta, Athens, and Okatie.

Schedule your free consultation by calling (912) 324-2498 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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As personal injury lawyers, we expect at-fault parties and their insurance companies to negotiate for lower compensation to injury victims. But we’re still astounded when the other side outright refuses to offer any settlement or negotiate at all, despite obviously being responsible for what took place.

That’s exactly what happened to our client, George, after a traffic accident he had no way to prevent. Not only was he suffering from serious injuries that kept him from living his life fully, but he also felt the pressure of dealing with an insurer who didn’t want to give him a dime.

In this article, we’ll share George’s story and the difficulties he faced because of the insurance company’s stubbornness. Fortunately, The Brown Firm was prepared to help George fight for what he deserved.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

George Was Rear-Ended by an Intoxicated, Reckless Driver

George’s personal injury story started while he was simply driving up the road on a late spring day, following the rules and minding his own business.

Up ahead, George saw a golf cart travelling the same direction he was and planned to carefully pass it on the left. As he moved over, things took an unexpected turn.

George’s car was suddenly rear-ended by the driver immediately behind him. Apparently, that driver meant to aggressively pass George and the golf cart without waiting to see if George would go first. Later, it was discovered that the other driver was not just being careless — he’d also been drinking, which undoubtedly contributed to his reckless behavior.

For George, the result was serious neck and spine injuries that required two years of medical treatment. During that period, he racked up almost $60,000 in medical bills and pharmaceutical costs. He and his family faced financial challenges while also losing time to physical and emotional suffering.

Fighting Back When the Insurance Company Refuses to Pay a Dime
Fighting Back When the Insurance Company Refuses to Pay a Dime

The At-Fault Party’s Insurer Wouldn’t Negotiate Fairly

George needed guidance and support to pursue compensation from the at-fault driver’s insurance company, so he turned to The Brown Firm. As seasoned personal injury attorneys, we expected a few rounds of negotiation and an eventual settlement that was reasonable for everyone involved.

However, it quickly became clear that the at-fault party and his insurance company had no intention of honoring that process. In fact, they were refusing to pay so much as $1 for George’s clear pain and suffering.

This was unacceptable. George was living with the consequences of an accident he did not cause, which happened because of someone else’s gross irresponsibility. We knew we could make a solid case for him.

The Brown Firm Gets Tough and Recovers a Large Settlement for George

Liability was no question in this case. Between the other driver’s reckless action and the fact that he’d been drinking, George had clearly been wronged and deserved full compensation—not only for his financial costs, but also for the two years he spent living with pain and discomfort.

To be clear, George tried as hard as possible to find solutions for his injuries. What began as neck pain and headaches had progressed to pain radiating down his arms and numbness in his arm and hand. He’d received injections, taken medications, and gone through physical therapy, all without much relief.

Still, the insurance company didn’t think that pain and suffering deserved compensation. Negotiations broke down, and we were forced to file a lawsuit. We made it clear that we were willing to take the case to trial, and that doing so would probably not go well for the at-fault driver.

Ultimately, the case went before a jury. We went from a zero offer to securing a significant verdict for George, making it possible for him to begin rebuilding his life and sending a message about how our team deals with stubborn insurance companies who don’t want to pay their fair share.

RELATED: How Long Can I Sue After a Car Accident in Georgia?

Ready to Talk to a Lawyer Who Has Your Back?

The Brown Firm Protects the Injured from Stubborn Insurance Companies

At The Brown Firm, we stand up for injured people in Georgia and North Carolina, negotiating with the insurance companies and demanding fair compensation that brings security and peace of mind.

If you or someone you love has been injured due to someone else’s negligence, we’re ready to hear your story and determine the best path forward. We begin every case with a free consultation. Schedule yours today by calling (800) 529-1441 or using the simple contact form on our site.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Winning $650,000 for Woman Rear-Ended by Commercial Truck

Large, commercial trucks can cause a lot of damage, especially to smaller passenger vehicles. When one of these trucks hits a regular car, injuries to the driver (and passengers) tend to be serious and the resulting truck accident case can be complex.

For our client, LT, getting hit by a commercial truck turned a regular summer day into a drawn-out series of therapies, injections, procedures, and a recommendation for spinal surgery.

Keep reading to hear LT’s story, including an insultingly low offer from the insurance company and how The Brown Firm helped her secure the compensation she deserved.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

LT Is Rear-Ended by a Much Larger Vehicle

On a summer day, just before the Fourth of July, LT was driving her car down the road. At one point, she slowed to stop (along with the rest of traffic).

Suddenly, LT’s car was rammed from behind by a truck weighing 2,000 pounds more than her vehicle. While the collision wasn’t strong enough to cause immediate, catastrophic injuries, it was certainly enough to do damage, including sending LT into the coming months with increasing pain from head to toe.

LT was immediately seen for her injuries, which manifested as pain in her neck, back, and shoulders. At the time, she was instructed to take prescription pain medication and get further attention if the pain continued.

commercial truck accident

Despite LT’s Head-to-Toe Injuries, the Insurance Company Makes an Insulting Offer

Within a couple of days, LT was back to the doctor. Her pain had not subsided; in fact, it had spread to her legs, and she was having headaches.

By the end of the month, LT was experiencing pain in her head, back, and limbs, as well as insomnia and depression. Her doctors and therapists administered injections and other treatments, and by November they were beginning to talk about surgery.

At that point, LT had racked up significant medical bills, with even larger ones anticipated for her surgical needs. Because the other driver and their employer’s liability was unquestionable, we expected a typical round of negotiations before reaching a settlement.

However, the insurance company wasn’t budging, and presented LT and our legal team with an insultingly low offer. We knew it was time to get tough.

A Forced Lawsuit Results in a Massive Settlement

The truck that rear-ended LT was a commercial vehicle. The company the driver worked for was certainly large enough to carry a huge insurance policy and established enough to be prepared for this type of claim.

Of course, they also had the clout to try to settle these claims for as little as possible. When we refused the lowball offer, they still weren’t willing to negotiate reasonably.

Ultimately, we filed a lawsuit. With this kind of case, even the insurance company knows how things will look to a jury and going to trial was not something they wanted to do.

When all was said and done, we secured a $650,000 settlement for LT. As she undergoes surgery and continues to heal, this money will give her peace of mind and the ability to move ahead with her life.

RELATED: Lower Back Pain From a Car Accident? Understand Your Options

commercial truck accident

The Brown Firm Fights for What You Deserve, and Not a Penny Less

At The Brown Firm, we stand by our motto of protecting the injured. Not only does this mean fighting for fair compensation in the face of insultingly lowball offers, but it means walking with you through the major milestones and small details of your case.

If you or someone you love has been injured because of someone else’s negligence, and the insurance company is giving you the runaround, it’s time to work with a personal injury attorney who has your back. To set up your free consultation today, call (800) 529-1441 or complete the simple contact form on our website.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Ready to Talk to a Lawyer Who Has Your Back?

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When Do You Need a Motorcycle Accident Lawyer, and Why?

You’ve got a lot to think about after a motorcycle accident. Should contacting a personal injury attorney be on that list? If you’re weighing the pros and cons of taking on your case and the insurance company yourself versus working with an experienced motorcycle accident lawyer, this is the article for you.

The short answer is that personal injury attorneys will always be helpful if you’ve been in an accident—and the sooner you contact them, the sooner they can get to work.

At the same time, though, many people choose to handle their own case at least as first—usually because their concerned about costs or time. It’s natural to wonder whether a personal injury attorney will be worth it in the end.

In this article, we’ll discuss when it’s best to work with an experienced motorcycle accident attorney and why. By the time you’re finished reading, you should have a sense of the difference a legal professional can make for your case.   

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Motorcycle Accidents Are Often More Complex Than Expected

It’d be nice to think that, after a motorcycle accident, you could rely on the insurance company to settle your claim quickly, smoothly, and give you every penny you deserve without a fight. Once in a while, that might actually even happen.

Unfortunately, this isn’t usually how it goes. Motorcycle accidents tend to result in serious injuries and disagreements with the insurance companies over why they happened. This alone is enough to call for a lawyer.

Following are some of the complications that can arise after motorcycle accidents, and how an attorney can minimize them and keep your case moving forward.

when do you need a motorcycle accident lawyer
when do you need a motorcycle accident lawyer

Evidence Is Difficult to Collect

After any traffic accident, evidence is cleaned up quickly to clear the roadways. Because motorcycles are much smaller than cars, it can be harder to learn details of the accident by looking at the vehicles themselves.

If you’ve been injured, gathering evidence immediately after the accident isn’t your priority. By the time you’re thinking about pursuing compensation, most of the evidence is probably cleared.

However, between their experiences and other resources, lawyers have ways to collect evidence, even after the road is cleaned up. This could include locating and preserving any possible source of video footage, speaking with traffic engineers and accident scene reconstructionists, following up with eyewitnesses, and more.

Serious Injuries Are Complicated

Without the protection of a larger vehicle, bikers and other motorcycle accident victims are more vulnerable when a crash happens. From broken legs to skin damage to catastrophic head and spine injuries, the damage and pain can be life-altering or even fatal.

Insurance companies look for anything to refute that their client’s actions were responsible for these serious injuries. They look into pre-existing and underlying conditions on your record and use tactics that present in a way that favors their bottom line.

Fortunately, motorcycle accident lawyers are prepared for this and know how to demonstrate that the accident caused your injuries. They use your medical bills, lost wages, and evidence from the motorcycle crash to help you get a fair settlement.  

should I get a lawyer for motorcycle accident
should I get a lawyer for motorcycle accident

Road Conditions Can Be a Significant Factor

No driver likes potholes, rain, or road debris, but these hazards pose much greater danger to bikers. Being able to explain how the weather and road conditions contributed to an accident isn’t always straightforward.

In addition, depending on who’s responsible for the road you were on, the local government may be at least partially liable for your injuries. Taking on these kinds of entities on your own is a major challenge, and working with an attorney takes that weight from your shoulders.

Injured People Typically Have Limited Law Knowledge and Resources

Personal injury lawyers make a career of knowing the law so that their clients can focus on healing and supporting their families. In addition, they often have a network of resources to help build strong cases, such as medical experts and accident reconstructionists.

For example, if you sustained a serious brain injury, it may take a long time to know that true impact of that injury. At the same time, you must honor the statute of limitations, which puts a time limit on how long you have to file a lawsuit. That’s a lot to keep track of on your own.

An attorney monitors your physical progress while keeping an eye on the clock for that statute of limitations. In the meantime, they can talk to neurological experts about what your brain injury means for the rest of your life.   

RELATED: How Are Personal Injury Settlements Paid Out?

Negotiating is Challenging

Negotiating for anything can be difficult, and trying to fight the big insurance companies when you’re injured can be especially challenging. Trying to keep track of the offers and counteroffers, and talking to the insurance company directly without accidentally saying anything to weaken your case, is a lot to ask.

Once again, your attorney is well versed in this aspect of a motorcycle accident case. Negotiating is an art, and usually best left to the pros—especially when your livelihood is on the line.

Insurance Companies and Juries May Be Biased

Unfortunately, many people have preconceived notions about motorcycle riders. They are often stereotyped as being reckless and irresponsible. It’s possible that, without substantial proof to the contrary, insurance adjusters and juries will assume that someone riding a motorcycle is at least partially responsible for the accident and their injuries.

Of course, this isn’t fair to those filing a motorcycle accident claim or a personal injury lawsuit. A personal injury lawyer knows this and will be ready to highlight what you were doing correctly when the accident happened.  

Why You Should Hire a Motorcycle Accident Lawyer Sooner Rather Than Later

Bringing an attorney into the situation as soon as possible is usually well worth it. With this early access to evidence and information, the lawyer has the best chance of building a strong case and preventing missteps.  

RELATED: What Is a Fair Settlement for a Motorcycle Accident in Georgia?

Ready to Talk to a Lawyer Who Has Your Back?

Contact the Motorcycle Accident Attorneys of The Brown Firm

At The Brown Firm, we’ve represented many injured bikers and their families after accidents and injuries. Our law firm always leads with compassion, walking alongside you through the major challenges and small details of your motorcycle accident claim.

Beyond that, as a chiropractor, Harry Brown offers valuable insight for a personal injury attorney. He understands neck, back, and spinal injuries deeply not just as lawyer, but also as a medical provider. And he knows how to navigate the insurance and healthcare systems during motorcycle accident cases.

To set up your free legal consultation with The Brown Firm, call (800) 529-1441 or complete the easy contact form on our website. We are honored to serve clients throughout Georgia and South Carolina, and we look forward to assisting you and your loved ones.  

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Understanding the Medical Malpractice Statute of Limitations Georgia Uses

When you place yourself in the care of doctors, nurses, and other medical professionals, you put a massive amount of trust in their skill and judgement. After all, they have the credentials and experience that qualify them to hold your life in their hands.

So when something goes wrong during a treatment or surgery, you may experience not only an injury but a sense of betrayal and fear. How can you be expected to trust another medical professional after you’ve been hurt by medical malpractice?

Fortunately, there are paths to justice and compensation to help you rebuild. In order to make the most of them, you need to understand certain things about the legal system.

This article will outline the statute of limitations for medical malpractice cases in Georgia, and how it can be more complex than a hard and fast deadline that applies to all cases. We’ll also explain how a personal injury attorney can make all the difference to the outcome of your case.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Medical Malpractice is Different Than Other Personal Injury Cases

Medical malpractice works a little differently than other kinds of personal injury cases, such as car accidents and slips and falls. In a typical car accident case, for example, it’s often (although certainly not always) easy to determine who is at fault and why. Further, you’re likely to have eyewitnesses with no conflicts of interest who can support the truth about a negligent or wrongful act.

During a medical procedure, the patient might not even be awake, and the process might be so complicated that they wouldn’t understand it even if they were. Further, witnesses tend to be other medical professionals who might be biased in favor of the healthcare provider.

All of this can make it harder for an injured person (plaintiff) to prove their medical malpractice claim. This is why it’s so important to understand how Georgia law treats medical malpractice, including details like the statute of limitations.

RELATED: Do I Have a Medical Malpractice Case?

medical malpractice statute of limitations Georgia
medical malpractice statute of limitations Georgia

What is the Medical Malpractice Statute of Limitations in Georgia?

A statute of limitations applies in all sorts of legal cases. It is essentially the deadline for getting a case into the state’s court system, also known as filing a lawsuit.

The standard statute of limitations for a Georgia medical malpractice lawsuit is two years. Most of the time, a lawsuit filed more than two years after the malpractice will be dismissed by the court, ending the plaintiff’s chances for compensation.

However, the law also goes on to state what’s known as a “statute of repose.” The statute of repose says that no medical malpractice action may be brought more than five years after the negligent medical act occurred.

This might be confusing. Let’s dig a little deeper into the exceptions to the Georgia medical malpractice statute of limitations.

Exceptions to the Statute of Limitations Deadline

As we said earlier, medical malpractice claims tend to be more complex than other personal injury cases, and in many cases may not even be identified until long after the incident occurred. To allow for this, Georgia law specifies two major exceptions to the medical malpractice statute of limitations:

  • Statute of repose: Some lawsuits may be brought as long as five years after the malpractice incident happened. This applies when the damage of the malpractice isn’t evident soon enough for the two-year deadline. An example of this might be when the side effects of a certain medication take a few years to manifest, but then become obvious and are clearly linked to the medication.
  • “Foreign object” cases: This is an exception to even the statute of repose. It applies when a “foreign object” is left in a patient’s body due to medical negligence. Foreign objects are things like sponges or surgical instruments, but not prosthetic devices or chemical compounds. These lawsuits must be brought within one year of the foreign object’s discovery and are allowed even if it’s been more than five years since the object got there.
  • Failure to diagnose: Injuries and harm caused by a doctor’s failure to diagnose a condition or disease may receive a filing extension from the court, though this is very much determined on a case-by-case basis.

These exceptions are not common, however, and missing applicable deadlines jeopardizes any chance for fair compensation. You should not rely on them. That’s why it’s so important to understand the law and seek the help of an attorney.

medical malpractice statute of limitations Georgia
medical malpractice statute of limitations Georgia

How an Experienced Attorney Can Help in a Medical Malpractice Lawsuit

Most people are not personal injury law experts, let alone medical malpractice experts. In addition, when someone is trying to heal from an injury (on top of whatever they were being treated for in the first place), the last thing they should have to do is expend energy on researching the law.

An experienced medical malpractice attorney is skilled at navigating the legal system and knows how to talk to healthcare providers and insurance companies. Let them do the heavy lifting while you focus on getting better.

The sooner you start working with an attorney, the better. Did you know that medical malpractice lawsuits involving Georgia cities, states, and other municipalities may have shorter time limits than the standard statute of limitations? This is just one example of how an attorney might save you from missing a vital deadline and missing out on fair compensation.

RELATED: 5 Essential Steps to Proving a Medical Malpractice Claim

Ready to Talk to a Lawyer Who Has Your Back?

The Brown Firm Knows How to Manage Medical Malpractice Lawsuits

At The Brown Firm, we are dedicated to protecting the injured in all sorts of personal injury cases, including medical malpractice lawsuits. Our legal team has decades of combined experience and will put it to work so that you can focus on healing.

Better yet, our managing member, Harry Brown, has worked as a medical practitioner himself. This gives him critical insight as someone who understands not only the injuries themselves, but how to navigate the health care and insurance systems that can feel so overwhelming to our clients.

To set up your free initial consultation today, call (800) 529-1441 or complete the easy contact form on our website, and someone will be in touch with you soon.

References

Goguen, D. (n.d.). Georgia medical malpractice laws. NOLO. Retrieved from https://www.nolo.com/legal-encyclopedia/georgia-medical-malpractice-laws.html

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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What to Do if You Are a Passenger Injured in a Car Accident in Georgia

Being a passenger injured in a car accident can be devastating. The road to recovery might look long and difficult, with significant medical bills to pay. On top of that, you may feel additional stress and anguish if the driver of the car is a loved one—who may have been at least partially responsible for what happened. 

Are you, as the injured passenger, entitled to any compensation or medical bill repayment? You have rights as a passenger, and it’s important to know what those rights are, and what steps to take to recover from an auto accident in Georgia.  

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

The Steps to Take After You Are Injured in a Car Accident 

The most important priority after being injured in a car accident is to receive prompt medical attention. Make sure that if you, or anyone else, are injured, you immediately call medical services. 

No matter how minor you think your injuries are, getting treatment as soon as possible is very important. Even if you feel fine, you may have injuries that you are not aware of. Adrenaline and endorphins may mask the full extent of your pain and injuries following an accident. Some of the most common injuries associated with auto accidents, such as whiplash, may take days or weeks to show symptoms. 

It’s also important to get as much information as you can to document the nature of the accident. This includes things like: 

  • The insurance information of any drivers involved 
  • Names and phone numbers of any witnesses 
  • Photos or videos of the scene of the accident 
  • Copies of any records as they become available, such as the police report and your medical bills. 

This information will help the insurance companies and attorneys figure out who is at fault, which will help you file an insurance claim. 

RELATED POST: Shoulder Pain After Wreck? Here’s What to Do Next 

passenger injured in car accident
passenger injured in car accident

Determining Who Is at Fault 

As a passenger, it is extremely unlikely that you would ever be considered at fault for the accident. However, it may be difficult to figure out who is responsible if there are multiple drivers involved.  

If fault isn’t clear, there may be a long, drawn-out process to determine how the blame should be apportioned. Unfortunately, that may mean a longer wait to get the compensation you deserve, even if you did nothing wrong. 

For any accident, there is an investigation into determining which party should be held responsible. This investigation consists of police reports, witness statements, and statements from the involved parties. The insurance adjusters use this information to assign blame for the wreck, determine who is eligible for compensation, and how much each involved insurance company must pay to each victim. 

RELATED POST: 5 Tips to Maximize Your Recovery After a Car Accident 

Filing a Claim Against the At-Fault Party 

You, as the passenger, are not liable for the accident. Your personal injury claim will be the responsibility of the other driver’s insurance policy, or the car insurance policy of the driver you were with.  

Georgia is an at-fault state, which means the person responsible for the accident is responsible to pay for the damages. You can usually initiate a claim by going to the at fault driver’s insurance company’s website or calling them. Since you are not a driver involved in the crash, but a passenger and are filing under an insurance company that is not your own, this is called a third-party claim. 

Making a claim is a time-sensitive issue. In Georgia, there is a two-year statute of limitations to file a lawsuit after a personal injury. However, you will want to get the ball rolling much sooner, as building a case takes time and evidence may be lost if not followed up on immediately after the accident. Speaking with a car accident attorney as soon as possible after your crash can help ensure you don’t miss any critical deadlines. 

What if My Friend or Relative is at Fault for the Car Accident? 

Filing a claim may feel awkward if the person at fault is the person you were riding with. It’s important to remember that your friend or relative will not be the one paying for your medical bills, just their insurance company. This is the reason that they have car insurance coverage! 

You have a legal right to file a claim against the driver’s insurance policy as a passenger in a car with them. It may seem wrong, or uncomfortable, but you do not deserve to be responsible for the medical bills and treatment when you were injured in an accident that is their fault—not yours. 

What if it is Not Clear Who is at Fault? 

If the investigation to determine responsibility is unclear about who is at fault, then your next step is to file against both driver’s insurance policies. If partial blame is given to both drivers, then each insurance policy will pay out a portion to cover your medical bills. 

Only file a claim with both insurance companies if it is not clear who is at fault. If there is clearly one driver at fault, filing two claims may slow the process down. 

passenger injured in car accident
passenger injured in car accident

What if the At-Fault Driver is Uninsured? 

If the at-fault driver’s insurance policy does not have enough coverage to pay your car accident injuries, or if the at-fault driver is uninsured, other insurance policies may cover passenger injury claims. 

Your own car insurance coverage may include underinsured or uninsured motorist (UI/UIM) policies. Most UI/UIM policies cover you as a person, regardless of whose vehicle you are in. 

You might also be covered by Personal Injury Protection (PIP) or Medical Payments Coverage (MedPay). Another option is your own health insurance.  

How Can a Car Accident Lawyer Help? 

One important thing to know about car insurance companies is that they will try to pay out as little as possible. If you are entitled to damages, they will probably give you a low offer, expecting that you will not know what your case is worth. 

An experienced car accident attorney knows how to calculate all of your losses, such as lost wages, costs associated with pain and suffering, the ongoing cost of medical treatment, and more. They can protect you against unreasonable lowball settlement offers and negotiate for what you truly deserve. 

In addition, if it is not clear which insurance company should pay for your car accident injury, an expert car accident lawyer will know if your best approach is to seek compensation from a personal injury protection policy, medical payments coverage, or your own health insurance. 

An insurance claim like this can be complicated, and not all lawyers have experience with passenger injury claims. At The Brown Firm, we have a winning record for injured passenger claims. 

RELATED POST: Winning for an Injured Passenger with Compassion and Persistence: Jaclyn’s Story 

Ready to Talk to a Lawyer Who Has Your Back?

passenger injured in car accident
passenger injured in car accident

Call The Brown Firm for Help with Your Passenger Injury Claims 

If you are a passenger who has been injured in a car accident, don’t try to take on the car insurance companies on your own. Team up with the experts at The Brown Firm to make sure you receive all the compensation you deserve. 

We know that medical bills can make you stressed about money, so we offer a no-strings-attached free consultation to talk about your case. Just give us a call at (912) 324-2498 or complete the contact form on our website. 

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject. 

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Hip Pain After Car Accident? Here’s What to Do

Hip pain is a common symptom after a car accident. While some hip injuries produce obvious, intense pain immediately after the impact, others may start out as dull aches that worsen over time. 

Either way, it’s important to understand the steps you need to take if you experience any kind of hip pain after a crash, from mild to severe. By making smart decisions about your health, as well as your interactions with the insurance company, you can significantly improve your chances of a successful long-term outcome—physically, mentally, and financially. 

At The Brown Firm, our car accident attorneys in Atlanta, Savannah, and throughout Georgia and South Carolina help injured drivers bounce back from hip pain and get the fair compensation they deserve from the at-fault parties. Read on to learn more about what you can do after suffering a hip injury in a car accident. 

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

Common Hip Injuries Following Car Accidents 

Some of the most common hip injuries faced by car accident victims include: 

  • Hip dislocation: A car crash can push the head of the thigh bone (femur) out of the hip socket and even tear some of the surrounding soft tissues. This might happen, for example, if your knee slammed into the dashboard after the collision and the blunt force trauma pops the thigh bone out of the hip joint. A hip dislocation is a serious injury that’s often accompanied by severe pain and difficulty moving the leg. Numbness is also possible if nerves have been damaged. 
  • Hip fracture: The symptoms of a broken hip can vary depending on the location and severity of the fracture. While a severe hip fracture can mean excruciating pain and inability to put weight on the affected leg, a stress fracture might not hurt much at first—but can easily get worse over time without a proper diagnosis and treatment. 
  • Hip bursitis: Like many other joints throughout your body, the hip joint is cushioned and lubricated by fluid-filled sacs called bursae. If the bursae become inflamed and irritated, the result is sharp pain across the outer thigh, particularly after prolonged exercise, at night, or when getting up from a chair. 
  • Hip labral tear: This injury involves tearing of the ring of cartilage that surrounds the hip socket where it meets the head of the thigh bone. A labral tear often results in pain and stiffness in the hip, groin, and buttocks, particularly after exercise. You may also here a clicking noise. 
  • Soft tissue injuries: Soft tissue inflammation or tearing in hip muscles, tendons (which connect muscles to bones), or ligaments (which connect bones to other bones) are also common and may result in mild to severe hip pain and joint instability, depending on the severity of the injury. 
  • Nerve pain: A car accident can lead to a pinched nerve in the hip. Common symptoms include tingling, burning, or shooting pain throughout the hips, legs, and buttocks. You might also experience some muscle weakness if motor nerves were also damaged. 

RELATED POST: Are Car Accidents A Leading Cause of Broken Bones? 

hip pain after car accident
hip pain after car accident

Always Seek Immediate Medical Attention for Hip Pain After a Car Accident 

We cannot say this enough: We strongly urge any person experiencing hip pain after a car accident (or any other symptoms in any other part of body) to visit a doctor for a complete physical examination as soon as possible. 

This is true even if your symptoms seem mild or you feel like you can “walk it off.” No amount of hip pain is “too small” to be concerned about. There are two major reasons for this: 

1. Delayed Injuries and Pain 

While some hip injuries (like an acetabular fracture of the hip socket, for example) are obviously severe the instant they occur, others produce only delayed pain. 

A stress fracture or a hip injury that affects soft tissue, for example, might initially produce only mild stiffness and soreness. But if you continue to walk on your injured hip and delay medical treatment, the pain can gradually worsen over the coming days and weeks. 

Being proactive and seeking appropriate treatment right away can help you catch and deal with these hip injuries early. Wait too long, and all of a sudden you’re dealing with a much bigger, harder-to-treat problem. In the worst case scenario, hip pain that could have been addressed in a few weeks or months through conservative therapies like steroid injections and physical therapy may now lead to long-term complications and require longer treatment timetables, or even surgery. 

RELATED POST: What To Do After Suffering A Broken Bone In A Personal Injury Accident 

2. Your Personal Injury Claim 

If you ultimately decide to seek compensation from the at-fault driver (and their insurance company) to pay for your current medical bills, future medical expenses, lost wages, reduced future earning capacity, and other damages, you’ll need strong evidence linking your hip injury directly to the auto accident that caused it. 

The best way to ensure you have that evidence is by seeking medical care as soon as possible (ideally within one or two days) after your car accident. This tells the insurance company (and, if your case goes to trial, a judge and jury) a few important things: 

  • The car accident was (or is highly likely to be) the direct, necessary cause of your injury 
  • Your injuries are meaningful and you took them seriously 

The earlier you start to generate medical records after the crash, the harder it will be for the insurance company to argue that your injuries were unrelated to the accident, or are not as serious as you claim them to be. Another tip: make sure you continue to follow all your doctor’s treatment recommendations along the way, as blowing off their advice not only leads to more medical problems but can also weaken your personal injury claim. 

Remember, the insurance company is not your friend, nor is the insurance adjuster they sent to evaluate your claim. They are looking for any argument they can plausibly defend to doubt, discredit, diminish, or deny your personal injury claim. Their interest is in saving money for themselves, not ensuring you get fair compensation for your hip injury. 

Contact a Personal Injury Attorney 

Whether you’re dealing with hip pain or any other kind of post-accident injury, contacting a personal injury lawyer for a free consultation as soon as possible after your accident can go a long way toward maximizing any settlement or trial verdict you might be entitled to. 

Here are some concrete ways that an attorney can help you. 

Ensure You Get the Expert Medical Care You Need For Your Hip Injury 

A good attorney isn’t only interested in getting you a big financial payout. They want to help you recover physically and emotionally, and rebuild your life as best you can. As a former medical practitioner himself, our founding attorney (and licensed chiropractor) Harry Brown takes this part very seriously. 

We can help connect you with the right specialists in Atlanta, Savannah, or wherever you live and ensure you get the support you need to keep those important appointments. 

Thoroughly Investigate Your Personal Injury Claim 

As we mentioned above, insurance companies are in the business of limiting or denying claims, not paying them out. That’s how they make their money. 

If you want to get a fair settlement, simply proving that your hip pain is directly related to the accident is only one part of the equation. You’ll also have to prove that the other driver (or any other potentially liable parties, such as a trucking company) were responsible. That takes careful presentation of detailed evidence—something you probably aren’t eager to do yourself, particularly if you’re still suffering from hip pain and have no experience with the legal system. 

An experienced car accident attorney knows how to investigate a case. Depending on your circumstances, that might include gathering information at the scene, following up with eyewitnesses, securing any dash cam footage that might be available, and even speaking with expert witnesses in the medical, traffic, or accident reconstruction fields. 

Especially in those cases where the other driver is being less than fully truthful, hiring an expert who knows how and where to look for clues, and establish a winning case, is invaluable. 

RELATED CLIENT STORY: The Brown Firm Uses Police Footage for Settlement Demand 

Handle Negotiations on Your Behalf 

It’s unfortunate, but many accident victims end up costing themselves a big chunk of cash simply due to inexperience or preventable mistakes. A few common examples of what can happen. 

  • You agree to give a recorded statement to the insurance adjuster, offer unrequested information, or unintentionally provide answers that could be interpreted as contradictory. The insurance company then twists these words to sabotage your claim. 
  • You make mistakes when filing, miss key deadlines, or commit other preventable errors that could result in your claim being completely thrown out. 
  • You don’t know how to calculate a full, fair settlement amount for your hip injury, so you end up settling for far less than you truly deserve. 

By handing off your case to an attorney, you not only get the peace of mind from knowing that your legal case is in good hands, but you can also refocus on what really matters: getting yourself back to full health. 

RELATED POST: Should I Take the First Settlement Offer in My Injury Case? 

hip pain after car accident
hip pain after car accident

Pain in Your Hip Joints After an Accident? Contact The Brown Firm Today 

Our experienced personal injury lawyers have years of experience helping injured individuals get the care they need to make complete physical, emotional, and financial recoveries after their car accidents. 

To request your free consultation, contact our law firm today by calling (800) 529-1441 or completing our online contact form. We serve residents throughout Georgia and South Carolina from our conveniently located offices in Atlanta, Savannah, and elsewhere.  

 

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject. 

Ready to Talk to a Lawyer Who Has Your Back?

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Survival Action Claims in Georgia: What Families Need to Know

Grieving families face a range of emotions when a loved one is killed due to someone else’s carelessness or recklessness. People in this situation should absolutely pursue financial compensation for their losses—but how to do so can be complicated.  

Survival actions are often confused with wrongful death claims by those who’ve lost loved ones. These are two separate legal actions that apply to different circumstances, though in some situations a family may be able to pursue both simultaneously. 

This article will explain the purpose of a survival action and how to go about starting one in Georgia. We’ll also outline the differences between a wrongful death claim and a survival action, and how an experienced attorney can help families navigate both.     

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is a Survival Action in Georgia? 

Under Georgia law, a survival action is an extension of a legal claim associated with a person who has died. Basically, it addresses the losses the deceased person experienced between their injury and death, and seeks compensation to benefit their survivors.  

Typically, survival actions are used when the injured person lived for a while after the injury itself — long enough to experience fear, pain, or medical treatment. It is meant to cover the sort of losses they might have included in a personal injury claim, had they lived.  

For example, if someone was injured in a car crash and lived one week before they died, the action might demand compensation for a week of: 

  • Medical expenses 
  • Lost wages 
  • Pain and suffering 

In Georgia, funeral expenses and burial costs may also be part of a survival action because they are considered costs of the deceased’s estate (more on that in a minute). Some states include demands for funeral and burial losses in wrongful death claims, rather than survival actions.    

Even if the person only lived for an hour, the family could claim the pain, suffering, fear, mental anguish, etc. their loved one endured before dying.   

Who May Bring a Survival Action? 

In Georgia, the personal representative of the deceased person’s estate, often called the executor or administrator, brings (initiates) a survival action. The personal representative might already be named in the will, but if not, the court will generally appoint a family member to represent the estate. The estate includes anything still legally owned by the dead person and stands in for them in legal proceedings.  

Survival actions must be brought by the dead person’s estate, rather than their survivors. This is because the compensation is sought on behalf of the person who died for what they experienced, not for the losses their loved ones experienced because of the death.  

Ultimately, money secured from a survival action that isn’t needed for medical costs or other liens will go to survivors. It simply needs to go to the estate before being disbursed.  

Who Gets the Money From a Survival Action? 

Money secured from a survival action will go directly to the dead person’s estate. It is then considered an asset of the estate and treated like other items, such as bank accounts, property, and retirement funds. 

These assets go to the beneficiaries named by the deceased. If there isn’t a will or named beneficiaries, the money will be disbursed according to Georgia intestacy law. Usually, the money will go to the deceased person’s spouse, children, parents, or other close family members. 

survival action
survival action

How Is a Survival Action Different From a Wrongful Death Claim?  

Simply put, a survival action is on behalf of the deceased person themselves. A wrongful death claim is on behalf of the deceased person’s survivors.  

A survival action seeks compensation for the damages (losses) a person suffered before dying. A wrongful death claim seeks compensation for the damages survivors suffer because of the death.   

A wrongful death action or claim may be the one we hear about more often, and it may feel counter-intuitive to hear wrongful death and survival in the same sentence. However, surviving family members may wind up taking both actions to get the compensation they deserve after a family member’s death. Let’s dig into the differences. 

RELATED POST: The Complete Guide To Wrongful Death Lawsuits 

Damages Sought in a Georgia Survivor Action Claim 

The damages that “survive” a person killed by another’s negligence can include: 

  • Medical bills 
  • Lost earnings 
  • Pain and suffering 
  • Mental anguish 
  • Funeral and burial costs 

Damages Sought in a Georgia Wrongful Death Lawsuit or Claim 

The damages impacting the survivors of a person killed by another’s negligence can include:  

  • Lost income the deceased person would have made in the rest of their career 
  • Benefits held through the deceased person, such as health insurance and retirement plans 
  • The value of services the deceased provided for their household, like home repairs and yard work 
  • Lost care, support, affection, and guidance that the deceased person provided to survivors 
  • Lost consortium, which is the access to intimacy and companionship between spouses and partners 

Additionally, in South Carolina (where The Brown Firm also practices), wrongful death lawsuits can include claims for the family members’ (as opposed to the deceased person’s) emotional pain and suffering, as well as punitive damage to punish the negligent parties in the case of extreme recklessness or malice. However, these types of damages are not available under Georgia law. 

Differences in How Survival Action and Wrongful Death Claims Are Paid Out 

As discussed above, any money recovered in a survival action claim becomes property of the estate, which can then be distributed according to any will left by the deceased. 

By contrast, money recovered in a wrongful death claim are not property of the estate (because it is meant to benefit the survivors directly, not the deceased) and will always be distributed strictly according to Georgia’s intestacy law. In other words, this means that wrongful death settlements are always divided to heirs as if no will exists, regardless of whether the deceased person left one or not. 

RELATED POST: Who Gets the Money From a Wrongful Death Lawsuit? 

Georgia survival action statute
Georgia survival action statute

How Does Personal Injury Law Relate to Survival Action and Wrongful Death? 

In Georgia, personal injury attorneys often represent families filing survival actions or wrongful death claims.  

Even though these are not technically personal injury cases, the claims process, relevant damages, and compensation center on similar factors, such as medical costs, lost income, pain and suffering, and mental anguish. This is because, in all cases, the injuries or deaths were caused by another party’s carelessness or recklessness.     

Both a survival action and a wrongful death claim may be options if your loved one was killed because of someone else’s carelessness or recklessness. Determining what’s best for your family depends on the specifics of the case.  

An experienced personal injury attorney will help you understand and navigate all the options when you’ve lost a loved one in this manner.    

RELATED: The Complete Guide to Wrongful Death Lawsuits 

Ready to Talk to a Lawyer Who Has Your Back?

The Brown Firm Offers Guidance for Survival Actions and Wrongful Death Claims 

The period after losing a loved one is difficult and unpredictable, making it that much harder for surviving family members to understand and manage the details of a legal undertaking. At the Brown Firm, we are committed to walking through complex cases with our clients and doing it with skill and compassion.    

We begin every attorney-client relationship with a free case evaluation, including cases involving survival actions or wrongful death claims. To set up your free consultation today, call (800) 529-1441 or use the easy contact form on our site.  

 

 

The content provided here is for informational purposes only and should not be construed as legal advice on any subject. 

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You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

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If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How to Prepare for Your Free Consultation With a Car Accident Lawyer

When you or a loved one are involved in an accident that was not your fault, it can cause a lot of added stress in your life. It’s very common for accident victims to feel overwhelmed trying to get to and from doctor’s appointments, working, taking care of themselves, and much more.

In the aftermath of an accident, making time to see a personal injury attorney who specializes in auto accidents can sometimes feel like just another burden you have to deal with. But if you want to protect your legal rights and get fair compensation for your injuries, it’s a crucial step you need to take. Better yet, many law firms offer free consultations to potential clients.

In order to get the most out of your initial consultation with your attorney, find solid answers to your legal questions, and start the attorney-client relationship off on the right foot, you should take some time to prepare beforehand.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

What Is Included in a Free Consultation With a Lawyer?

The initial consultation is an opportunity for you and your attorney to get to know one another, discuss the merits of your case, evaluate your legal options, and determine the best next steps to take. Typically, the initial consultation lasts about 30-60 minutes, depending on the complexity of the case and how much information you provide.

At this meeting, the attorney will be carefully listening to what you have to say and reviewing any documents you bring along. The more detailed and accurate you can be about your circumstances, the better the advice the attorney can give you regarding your particular legal issue. Ultimately, if the attorney believes you have a strong case, he or she may offer to take you as a client.

The legal consultation is also an opportunity for you to determine whether or not the lawyer you’re meeting with is a good fit for you and your family, too. It’s a two-way conversation, and establishing trust between both sides is extremely important if you want the best chance at a successful recovery.

If, at the end of the consultation, the attorney agrees to take your case (and you agree to their legal representation), there will be some additional documents for you to sign, including a contingency fee agreement, medical release, and notices informing you of your legal rights.

However, whether we take your case or not, you can still expect any attorney you speak with at The Brown Firm to use that initial meeting to fully explain the legal implications of your situation, answer whatever legal questions you may have, give you their honest opinion about whether you have a case, and help you make an informed decision about what to do next.

what is included in a free consultation with a lawyer
what is included in a free consultation with a lawyer

What to Bring to Your Legal Consultation

Before we continue, it’s important to understand that the list below is not a “minimum requirement” for your free case evaluation. You may not have access to the police report just yet, for example. Or maybe you didn’t take photos at the accident scene.

We understand, and we’re not going to turn you away if you don’t have everything discussed below right now.

Don’t delay scheduling your appointment because you don’t have every last record, bill, and document. If you and your lawyer decide to work together, they will do more evidence gathering.

With that said, let’s look at what’s helpful for your initial consultation:

RELATED POST: How To Get The Most Out Of Your Personal Injury Consultation

Details of the Accident

As soon as possible after the accident, write down all the details you can remember while they are fresh in your mind, and bring that list with you to your legal consultation.

Key details include:

  • The date, time, and location of the accident
  • Weather and roadway conditions
  • How the accident happened
  • Photos or video you took of the accident or your injuries
  • Witness names and contact information

It’s okay if you don’t remember every detail or if some of the details are fuzzy, but it is good to write down everything that you can.

The Police Report

The police report will contain important details of the accident, such as witnesses and maybe the responding officer’s opinion about who was at-fault. 

You might a copy of the claim number needed to obtain the police report after the accident. However, your attorney may also be able to obtain the report if for some reason you’re having trouble getting your hands on it.

Proof of Injury 

Before you meet with an attorney, you should have already been seen by a medical professional. The sooner you receive diagnosis and treatment for your injuries, the easier it will be for your attorney to obtain full compensation for your losses.

At the very least you should be able to tell your attorney: 

  • The name of the hospital or medical professional you saw
  • Your initial diagnosis and treatments
  • Any tests or images taken
  • How long your doctor expects you to need treatment
  • Whether you were injured prior to the accident

Medical Bills

When demanding compensation from an insurance company, you are allowed to claim medical bills for any treatment that you’ve received, as well as future expected medical expenses based on your expected recovery.

Bringing medical records, bills, and related receipts with you to the consultation can help your lawyer provide a more accurate initial estimate of how much compensation you might be entitled to.

A List of Questions for Your Attorney 

Free legal consultations are your time to ask attorneys any questions regarding your case and the process of obtaining a settlement. 

Some common questions you may want to ask include: 

  • Have you handled similar cases in the past?
  • How will we communicate throughout the legal process?
  • Will you handle negotiations with the insurance company? 

Of course, there are many more questions you might have, and your consultation is the time to ask anything and everything that is on your mind. Get the clarity you need to feel comfortable that your case will be handled properly. 

what is included in a free consultation with a lawyer
what is included in a free consultation with a lawyer

What Does “Free” Really Mean in a Free Consultation?

In the context of a free legal consultation, “free” truly means free.

There are no hidden fees and no obligations. If, at the end of the consultation, either you or your lawyer decide not to pursue a further attorney client relationship, you can walk away with a clear conscience.

What If I Decide to Hire the Attorney After the Free Consultation? How Much Will I Owe?

Like the vast majority of other personal injury law firms, The Brown Firm works on a contingency fee basis. What does that mean? In short, it means that you don’t pay a thing until we recover a settlement or jury award for you.

Rather than paying hourly fees or a flat fee, you’ll pay your attorney an agreed-upon percentage of your eventual settlement or verdict. At The Brown Firm, we will also cover the up-front legal fees associated with your case (such as filing costs, hiring expert witnesses, etc.) on your behalf.

Working on contingency helps ensure that the financial incentives for the client and the attorney are always 100% aligned.

Ready to Talk to a Lawyer Who Has Your Back?

Schedule a Free Consultation with an Attorney at The Brown Firm Today

At The Brown Firm, we believe that scheduling and navigating your first meeting with a personal injury attorney shouldn’t be an intimidating process.

We know you’re going through an extremely difficult period in your life. Finding the right attorney should be stress-relieving, not stress-inducing. We work hard to make the consultation process as easy and comfortable as possible for you.

You can schedule a consultation today by calling our law firm at (800) 529-1441. You can also complete our convenient and simple online contact form and a member of our team will follow up with you to schedule within 24 hours.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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Lower Back Pain From a Car Accident? Understand Your Options

Most people take it for granted that they will be able to do the activities they enjoy—as well as the ones they might not enjoy, but simply need to do—without chronic pain.

If you were in a car accident and are now living with pain, it’s important to understand your options—including enlisting the help of an experienced Georgia personal injury lawyer. As you’ll see in this article, having legal representation from an attorney at The Brown Firm may be the right decision to ensure you receive fair compensation for your pain and suffering.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

A Law Firm That Understands Back Pain

As we discuss specific back injuries and your options following a car accident, it’s best to start with understanding what you are facing and why it’s happening to you.

On this front, we offer you a unique experience in two different ways:

  • Our core belief that “you matter” means we listen to you. And this allows us to have a better picture of what you are going through and what we can do to help your situation.
  • Our firm’s managing partner, Harry Brown Jr., DC, JD, started as chiropractor before practicing law. While The Brown Firm is not a medical organization, his background in providing chiropractic care does offer valuable insight into conditions like soft tissue injuries and back pain after a car crash, and what your treatment plan might entail. 
lower back pain from car accident
lower back pain from car accident

Why Do I Have Back Pain After a Car Accident?

Virtually all back injuries from car accidents come down to a matter of physics. Cars can move at very high speeds. If the car’s momentum stops or starts abruptly—like when it hits (or is hit by) something heavy or anchored—things inside the car (including a human body) continue moving forward until they collide with an airbag, dashboard, windshield, etc.

The force of impact in a car accident can cause back injuries. So can whiplash caused by the safety device intended to keep your body in motion from crashing into the windshield: your seatbelt. In this case, the forward-moving body is suddenly stopped and jerked back. (Most of the time, people think about a neck injury in conjunction with whiplash, but chronic back pain in a car accident can be related to whiplash as well.)

RELATED: How to Prove You Have Whiplash—and How a Lawyer Can Help

Common Back Injuries That Can Cause Chronic Pain After a Car Accident

When it comes to your pain after a car accident, there are a variety of possible back injuries you may have sustained. Some of the more common ones, and the injury symptoms, include:

  • Lumbar sprains and strains. Excessive physical force—such as the kind placed upon the body during car accidents—can cause muscles and connective tissues (tendons, ligaments) to stretch beyond their normal range. A strained back muscle or sprained tendon may become inflamed and lead to chronic pain in the lumbar region. You might also experience restricted movement with one of these soft tissue injuries. Fortunately, physical therapy can help restore movement and possibly even reduce the likelihood you will need surgery for your back injury.
  • Herniated disc. A herniated disc is a common back injury that can happen for a variety of reasons, including motor vehicle crashes. The bones (lumbar vertebrae) in your spinal column are separated by gel-filled spinal discs. When you have a herniated disc, the gel-like material normally contained inside the spinal discs may come into contact with nerve tissue, which can be a source of severe pain.

RELATED: How Much Is a Fair Herniated Disc Settlement in Georgia?

  • Discogenic pain. If you have sharp, shooting pain in your lower back that worsens by sitting, standing, or bending over for short (or long) periods of time, it’s possible this injury is responsible. Discogenic pain develops when inflammation or other problems with a spinal disc irritate the nerves. In some cases, this radiating pain continues down to other areas, such as the groin, legs, or feet in a related condition known as sciatica. If the pain goes away or improves when you lie down, it’s even more likely this is what you are experiencing.
  • Spinal stenosis. The bone channel housing your spinal cord and nerves can become narrow due to a severe car accident. This happens when a bone fragment or ruptured disc slides into the spinal canal. You will likely have sharp, severe back pain from this injury because of the pressure applied to the nerves coming from the spinal column. Intense pain is a warning sign for nerve injury or damage.
  • Cauda equina syndrome. A rare and severe form of spinal stenosis, cauda equina syndrome is a condition where all the nerves in the lower back become compressed. Some symptoms are similar to sciatica, in that issues such as pain, weakness, and numbness may extend beyond the back into one or both legs. This can make it difficult to get up from chairs or stumble when you walk. Other symptoms include bladder problems, incontinence, and sexual dysfunction. If your accident has led to this condition, there is a significant chance you will need surgery.
  • Degenerative spinal disorder. This term generally refers to any of several potential conditions, including spinal osteoarthritis, degenerative scoliosis, and spondylolisthesis. While these conditions are commonly associated with spine tissues breaking down over time from natural aging, there can be an earlier onset caused by physical trauma, such as a car accident.

While this list covers several likely possibilities for your back pain after a car crash, it is certainly not exhaustive. And while we can point you in the right direction, it is always best (for both your health and your legal case) to seek diagnosis from your doctor or another licensed medical practitioner as soon as possible.

Besides receiving proper diagnosis, the simple fact of the matter is that you do not want back injuries to be left untreated. This is especially true if the car accident caused damage to any of your spinal nerves. Early intervention can potentially help you avoid permanent nerve damage. Plus, pain medication reduces suffering and physical therapy can play a role in helping you recover from back injuries.

The Next Steps After Medical Attention for Back Injuries From an Auto Accident

Once you’ve received medical attention and started pain management and a treatment plan, it’s time to see what your next steps are.

After the accident, ideally you should have exchanged insurance and contact information with the other driver, taken pictures of the scene, talked with the police, and gotten names and information from witnesses. You should also record the year, make, model, and license plate numbers for all vehicles involved in the crash.

It’s best to write down everything you can remember about the accident as soon as possible, while your memory is still fresh. And be sure to obtain a copy of the police report.

RELATED: What Information Do I Need After a Car Accident?

Along with documentation from the accident itself, you also should keep and compile all bills, doctor reports, and any other important documentation related to pain management, medical treatment, and physical therapy. Essentially, any money you pay for receiving medical attention should be documented and accounted for, which can help your case in seeking fair compensation.

Filing an Insurance Claim

Once you feel comfortable about having all the relevant information collected, it is time to start the insurance claim process for your lower back pain.

Depending on the type of insurance company you use and coverage you have, you need to file your claim by anywhere from 30 days to two years after the accident. To know what timeframe you are looking at, you may want to review your policy, go to the insurance company’s website, or call an agent. Regardless of how long you have, though, it’s best not to delay this unnecessarily. In Georgia, the statute of limitations for filing a lawsuit is two years, and if you wait too long to get the ball rolling you may not have enough time to build a strong case.

You probably have a handful of options for how you want to file your claim. Most major companies have forms on their website, but you can also call, email, or possibly even use a mobile app.

When you file, you’ll be glad you kept all the information we previously covered. Your insurance company will ask for basic details and it’s better (and easier) to use those resources, instead of trying to rely solely on your memory.

Working With an Attorney Can Significantly Strengthen Your Case

If your adjuster asks for an estimate of damages, be careful. Committing to a specific number might make things challenging as you seek appropriate compensation, and especially if you could be entitled to future lost wages.

Keep in mind that it is difficult to put a value on pain and suffering, especially when this isn’t your area of expertise. Also, remember that the insurance company’s main goal is protecting profits—not claimants—and that the first settlement offer you receive is likely for less (often far less) than what you truly deserve.

Fortunately, it’s one where our experienced personal injury attorneys can really help you out.

RELATED: What Is a Fair Amount for Pain and Suffering in a Georgia Personal Injury Case?

Along with calculating your case’s value, we can obtain and analyze evidence, review forms from your insurance company, communicate with the other driver’s insurer, and negotiate on your behalf.

Insurance adjusters have a goal of spending as little of the insurance company’s money as possible. When you have a trusted personal injury attorney on your side, you stand a much better chance of receiving a maximum settlement amount than you might if you go at it alone.

A key difference in the two approaches is that your lawyer likely has considerably more experience in organizing and presenting evidence to prove damages and liabilities.

Another advantage to hiring an attorney when you have lower back pain from a car accident is for negotiation with any medical lien holders on your claim. Your lawyer can potentially reduce the amount of the lien needing to be paid back or perhaps even dispute the basis of a claimed lien.

In addition to negotiating with lien holders, your personal injury lawyer works to have medical lien costs factored into your compensation. When we are able to do that for you, it means you receive more of the full amount you’re entitled to.

Georgia personal injury lawyer
Georgia personal injury lawyer

Georgia Car Accident Attorneys Who Make You the Priority

When you are suffering from back pain following a car accident, you have a couple different options:

You can try handling the insurance claim on your own. If you want to take this route, we hope you have a clearer understanding now of everything you need to do. It’s worth noting that the DIY approach is more likely to succeed in minor cases where you weren’t hurt (or your back injuries were very mild) and you feel comfortable collecting and organizing necessary documents and evidence. More importantly, you feel confident going against the insurance company and their vast experience and resources in settlement negotiations.

You can hire a personal injury attorney. This choice makes sense if you’d prefer to be guided by a skilled legal professional. As we discussed earlier, personal injury lawyers can do a lot to assist you through the insurance claims process for back injuries, and are often able to secure higher settlements—in addition to alleviating your responsibility and stress. Of course, this becomes an essential choice if your case ultimately ends up in a court of law, where you need an experienced legal professional on your side.

You can hire The Brown Firm. While you certainly have many options for hiring a personal injury lawyer in Georgia after you’ve been in a car accident, we believe you would have a hard time finding a stronger fit. Our team has proven skill and experience handling cases where clients are hurt in car accidents and need legal assistance.

More than that, it’s difficult to overstate the importance of Harry Brown’s unique position as both an attorney and a chiropractor. His medical insight can be quite beneficial in helping to make your case with insurers or in court.

At The Brown Firm, we go above and beyond for you because you are our priority. Your healing, in every sense of the word (financially, physically, emotionally), is important to us. We want you to emerge from a tough situation and be in a position where you can live your best life. And our dedicated, experienced attorneys give you the opportunity to make that happen.

Ready to Talk to a Lawyer Who Has Your Back?

back pain car accident injuries
back pain car accident injuries

Unparalleled Legal Service for You and Your Loved Ones

We know firsthand that both the law and physical health can be hard, complicated matters. When a car accident leads to a life-altering problem like lower back pain, you need someone in your corner to help you become whole again. Your attorney with The Brown Firm can be that someone.

Our team is here to answer any questions you might have. Even better, think about contacting us for a free consultation. Doing so gives you the opportunity to have your story heard by attorneys who know what steps need to be taken if you want to receive compensation that is fair to you.

Remember, our Savannah and Atlanta offices are always here for you if you need a personal injury attorney. If you’d like to give us a call, you can reach us at (800) 529-1441.

References

Alexander Orthopaedic Associates. (2021, February 22). Common Back Injuries From a Car Accident. Alexanderorthopaedics.com. Retrieved from https://alexanderorthopaedics.com/blog/common-back-injuries-from-a-car-accident/

Wheeler, T. (2020, January 26). Causes of Back Pain. Webmd.com. Retrieved from https://www.webmd.com/back-pain/causes-back-pain

Stuart, A. (2020, November 18). Cauda Equina Syndrome Overview. Webmd.com. Retrieved from https://www.webmd.com/back-pain/guide/cauda-equina-syndrome-overview#1

Ramsey Solutions. (2021, September 27). How to File an Insurance Claim: Everything You Need to Know. Ramseysolutions.com. Retrieved from https://www.ramseysolutions.com/insurance/how-to-file-an-insurance-claim

Our Recent Personal Injury Articles

Contact The Brown Firm

Get the Answers and Compensation You Deserve

You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.

Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.

Schedule Your Free Consultation

If you or a loved one were injured and need help, our skilled personal injury lawyers will be at your side every step of the way.

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How Many Accidents Are Caused by Semi Trucks, and What Are the Common Causes?

Being involved in a commercial truck accident is not the same as being in a regular passenger vehicle accident. Not only do large truck crashes frequently cause more severe injuries than other kinds of motor vehicle accidents, but the resulting personal injury cases are often much more complex to handle, too. Tricky laws and regulations, multiple potentially liable parties, a significant amount of evidence to evaluate, and other factors can all add to the difficulty.

Many large truck accidents could be easily avoided. Unfortunately, drivers who aren’t alert and diligent behind the wheel of a massive vehicle can cause extensive damage. Just one reckless mistake can lead to a catastrophic or even fatal truck accident, and many truck accidents result from driver error on the part of the truck driver, or negligent practices on the part of the trucking company.

This article will provide some statistics on semi-truck accidents and explore what often leads to those numbers. We’ll also outline how a personal injury attorney can help injured people in Georgia pursue the compensation they deserve after being injured by a semi-truck.

I met with Harry Brown personally and he sat with me for 20 minutes at our initial consultation to explain everything. He even called after my surgery to see how I was doing. I met with him several more times after that and was kept informed about my case throughout. I highly recommend Harry Brown as an attorney.

STEVEN SWEENY, SAVANNAH 

How Many Accidents Are Caused by Semi-Trucks Each Year?

Large truck crashes have been on the rise in Georgia and the nation in recent years. In 2019, our state was ranked fourth in the country for number of fatal crashes involving commercial trucks, trailing only Texas, California, and Florida.

Of the approximately 510,000 big truck crashes in 2019 in the United States, about 118,000 resulted in injury and 5,000 resulted in death. In Georgia, there were 195 fatal truck accidents resulting in 204 deaths, and the vast majority of the victims (173 out of 204, or 85%) were occupants of other passenger vehicles or pedestrians.

As a motorist, you can do little about the behavior of semi-truck drivers. Still, knowing the common causes and what to look for can help you better understand your case.

what causes truck accidents
what causes truck accidents

Common Causes of Semi-Truck Accidents

While any crash involving a big truck is likely to be more damaging than a crash with smaller vehicles, many of these fatalities and other catastrophes are caused by negligence or even recklessness on the part of the driver, their employer, or another entity involved with the truck itself.

Fatigue

Despite strict rules regulating how long drivers are permitted to drive without rest, many drivers do not follow them, often due to pressure from their employers. Driving while fatigued is sometimes because trucking companies demand delivery of goods within a certain time frame. Those deadlines may not be possible to meet without driving for extended periods without rest.

With poor or too little sleep throughout their journey, truckers can lose concentration and coordination while driving. In some cases, the driver may even fall asleep at the wheel.

Evidence of a truck driver being fatigued at the time of an accident isn’t the easiest thing to collect. However, working with a personal injury attorney means you have someone who knows where to look, such as driver logbooks and dash cam recordings. These are often complex and time-sensitive materials, and your lawyer will know how to navigate that system and make sure the evidence is preserved before it can be destroyed by the trucking company.

Speeding

Because trucking companies often require drivers to reach specific destinations within a specified time frame, many drivers end up speeding to reach their location on time.

When a commercial driver speeds, they put themselves and other drivers in grave danger. If a standard motor vehicle is hit by a semi-truck going at high speed, the result can be fatal.

A commercial truck’s sheer size (30,000 to 80,000 pounds) makes it that much harder to slow down or abruptly stop if needed. If a driver is trying to avoid an accident while speeding, even if their reflexes are sharp, the stopping distance may still be too long. The driver may end up veering into another lane or not be able to stop in time to avoid an accident.

Lawyers often work with expert accident reconstructionist to determine factors such as speed, another complexity that would be a lot to handle as an injured person.  

Substance Abuse

Some truck drivers turn to alcohol or drugs to cope with the demands of their job. While some only take these substances off duty, others abuse them while operating a commercial vehicle.

If a driver is impaired while driving, it’s all too easy for an accident to occur. When a driver’s full attention is not focused on the road, an accident can occur, causing harsh injuries and damages. Causing an accident while impaired will often lead to a criminal offense, loss of commercial driver’s license, job loss, and possible jail time.

Anyone injured by a truck driver under the influence should pursue compensation. The help of an experienced personal injury attorney increases your chance of getting the entirety of the money you deserve.

Poor Vehicle Maintenance

Commercial truck drivers often drive hundreds of miles each day, so truck owners are required to make sure their vehicles are in top-notch condition before their drivers hit the road. Vehicle maintenance is sometimes overlooked due to the cost involved and the time it takes to maintain the trucks properly.

Poorly maintained trucks are a huge reason for commercial trucking accidents. Some of the most common issues include:

  • Maintenance Errors: Improper vehicle maintenance can lead to an accident that can be blamed on the truck owner, trucking company, or maintenance company (and not necessarily the driver).
  • Design Defects: If a truck was not properly designed or has poor parts installed, such as failing brakes or tires, the chances of an accident are greater. The designers and manufacturers may be held liable if an accident occurs.
  • Cargo Issues: There are several ways that cargo issues can cause an accident. The cargo might be dangerous or mislabeled, leading to a hazardous spill or explosion. Cargo may have been loaded improperly: incorrect weight distribution can cause a rollover accident.

Bad Weather

Bad weather conditions such as excess rain, heavy snowfall, ice, or fog can impact one’s ability to drive safely, especially considering the above factors. Due to the heavy weight and slow stopping speeds of semi-trucks, it’s easy for a driver to cause an accident during inclement weather.

Driving at an appropriate speed for all weather conditions and braking properly to avoid skidding, jackknifing, and hydroplaning is essential for all truck drivers. Those who are not properly trained to drive during bad weather conditions should pull off to the side of the road to wait out the storm. Avoiding an accident is much more important than risking lives.

RELATED: The Most Common Types of Truck Accident Cases

how many accidents are caused by semi trucks
how many accidents are caused by semi trucks

How Personal Injury Attorneys Can Help People Injured in Passenger Vehicles

Pursuing a case against a or their employer is different than making a claim against non-commercial motorists in passenger vehicles.

Trucking companies are fully aware of their potential liability when it comes to truck accidents. That’s why they typically carry massive insurance policies—but also why they and their insurance companies fight so hard to keep their costs as low as possible.

For most people injured by semi-trucks, taking this on alone is going to be overwhelming, especially while healing physically, mentally, and emotionally. Lawyers bring not only their knowledge and experience, but a network of legal, medical, and traffic experts who work together to build your case.

RELATED: Can I Sue for Being Hit by a Semi-Truck?

Ready to Talk to a Lawyer Who Has Your Back?

how many accidents are caused by semi trucks
how many accidents are caused by semi trucks