Question 1

Going to Court Over a Car Accident. Will a Lawsuit Be Necessary?

Accepted Answer

Well-prepared and well-documented cases where prompt and necessary medical care was received can usually be settled without a lawsuit, civil action or other legal proceedings. Cases involving complicated medical conditions or disputed facts may have to be filed in court. This is also true when the insurance adjuster is being especially stubborn and makes a low-ball settlement offer.

In these cases, our attorneys will discuss your legal options and prepare you for what’s next. Even after a suit is filed, very few cases actually make it to trial. With the right preparation and aggressive litigation, your suit is likely to settle once the insurance company makes a large enough offer.

Question 2

What Happens When A Case Goes to Trial?

Accepted Answer

Before going to trial, the attorneys will meet with the Judge. This meeting will decide which issues will be tried and what evidence will be admissible, or allowed.

A jury is usually selected through the process known as Voir Dire. Then, the car accident trial itself takes place. The jury will then determine an award of damages following closing arguments. A car wreck trial can be as short as one day or last more than a week.

Jurors often wonder or worry about who will pay their verdict. Car crash trials are almost always defended by insurance defense lawyers, and the judgments and verdicts are paid by insurance. This is true even if you do not hear the word “insurance” spoken at trial. Georgia’s Rules of Evidence do not usually allow the parties to talk about insurance, even though insurance is paying the judgment in a majority of cases.

Our office never accepts or takes frivolous automobile injury claims to trial. This would be an insult to the intelligence of most jurors and a waste of everyone’s time. We strongly believe that there are already too many lawsuits and that only the best and most-worthy cases should be pursued.

Question 3

I was injured in the car accident but didn’t go for treatment right away – will the Insurance Company or Jury think I am not hurt?

Accepted Answer

Some people experience immediate pain at the scene of an accident and seek treatment right away, especially in severe car accidents. However, others may feel “fine” for a few hours or delay seeking medical care because of a fear of doctors or hospitals, an inability to pay for medical care, or no health insurance.

Unfortunately, some insurance company lawyers may try to argue you were not badly hurt if you did not immediately seek medical care. This is a common defense strategy.

Unless you delay seeking medical care for more than a few days, a short delay can be overcome. Most jurors understand that victims may feel “fine” at the scene, only to feel worse hours or days later.

During a case, it’s a good idea to stay off social media or be careful about what you post after an accident. You must resist the urge to tell others you’re “fine” on Facebook. Your reassurance could be used against you later in your injury case.

Question 4

How Long Does a Typical Car Accident Case in Atlanta Take?

Accepted Answer

You should avoid settling your car accident injury claim until your medical care is complete or until your future condition and needs are known. Thus, many car accident cases will settle two or three months after your medical care ends.

If the facts of your case are in dispute or the insurance company refuses to make a fair settlement offer, a lawsuit may be necessary. Civil suits in the Atlanta area usually take one to two years after filing before they are called for trial. Once settlement is reached, cases are typically paid within weeks or months after a release is signed. However, some settlement structures may require payment over time.

Question 5

What is Mediation, and How Does it Work in Atlanta?

Accepted Answer

In Georgia, mediation or Alternative Dispute Resolution (ADR) is a settlement conference where both sides attempt to negotiate a settlement of a legal case. In an injury case, this means the injured victim and their attorney on one side and the defense lawyer and insurance company representatives on the other.

A neutral party, or mediator, listens to the positions of both sides and helps them negotiate. This is usually done through back-and-forth discussion of the strengths and weaknesses of the case. Negotiations of settlement offers and counter-offers will also take place. Mediation can be voluntary by agreement of the parties or court-ordered.

Question 6

What Can a Person Recover After a Car Accident?

Accepted Answer

If another driver is proven to be at-fault for your accident injury, you are usually entitled to recover damages. You may be entitled to special, general, and in some instances, punitive damages. Special damages mean your financial harms, such as medical bills, final expenses (funeral), and past and future lost pay.

General damages are mental and physical in nature. They may include pain and trauma, scars, distress, or even the loss of the comfort and companionship of your spouse.

Punitive or exemplary damages are possible in certain cases, such as reckless driving, racing, or impaired driving incidents. Under Georgia’s public policy, these damages are meant as a punishment or to deter the defendant from doing something similar again.

Question 7

How Do I Repair or Replace My Car After an Accident in Atlanta?

Accepted Answer

If your car is totaled in a car accident, you are entitled to recover its fair market value. This is known as the replacement cost. Unfortunately, this does not mean you’ll get what you paid for it or what you owe.

You must look to the value of cars in or near your area, versus what it’s worth in other locations. Further, the value will be affected by the mileage, overall condition, and options on the car.

The at-fault driver’s insurance company may be required to pay for your repairs or total loss. Otherwise, you may go through your own insurance company and pay a deductible. If you did not cause the accident, your insurance company would usually attempt to recover your deductible from the at-fault insurance carrier and refund it to you. In Georgia, this process can take anywhere from a few weeks to a few months.

Question 8

Who has the Burden of Proof in a Georgia Car Accident Injury Case?

Accepted Answer

The injured victim, or Plaintiff, has the burden of proving everything in a case. This includes proving that the other driver’s negligence caused the accident and that your medical care and expenses were a result of the crash.

Question 9

What Evidence Can Be Used to Prove a Georgia Accident Claim?

Accepted Answer

Physical evidence that can be used to prove a car accident case may include the following: photographs, drone recordings, witness testimony and interviews, the police report, video recordings from the vehicles or surrounding businesses, measurements of the scene and skid marks, cell phone recordings and photos, vehicle inspection records, electronic data downloads from the ECM, manufacturers data, 911 operator recordings, EMS and first responder statements and reports, police body cameras and patrol car recordings, and cell phone records.

Question 10

How Can Evidence be Preserved After A Car Accident?

Accepted Answer

Physical evidence, damage to the vehicles, and the accident scene should be photographed as soon as possible. You should also take pictures of your injuries when they are fresh and as they recover.

For evidence that is beyond your control, such as surveillance video, auto maintenance records, or electronic data, a preservation of evidence letter can usually be sent. If a defendant receives a request to preserve evidence and later destroys it, that person or company could be sanctioned or punished for “spoliation of evidence.”

If you are worried about preservation or spoliation of evidence by the at-fault driver, company or anyone else, consulting with an experienced Atlanta car accident attorney is usually a great idea.

Question 11

What Does Liability and Automobile Liability Insurance Mean?

Accepted Answer

The legal term “liability” simply means fault – as in, who was at-fault and caused the car accident. Liability insurance for a car or other auto covers the vehicle’s driver or owner when a claim is made. Auto accident claims are defended and paid by liability insurance.

Question 12

Will my Insurance Rates or Premium Increase After An Accident or if I Use my UIM Coverage?

Accepted Answer

In Georgia, insurance companies cannot legally increase your insurance premium or rate if an accident was not your fault. This holds true even if you used your underinsured or uninsured motorist benefits.

Question 13

The Person That Hit Me Did Not Have Insurance, and I Have Medical Expenses. What Can I Do?

Accepted Answer

This is unfortunately common in Georgia. By law, you have the right to pursue recovery directly from that at-fault driver. This means demanding payment or filing suit against the owner or driver of the uninsured vehicle. Damages can include medical bills, lost pay (past and future), mental and physical pain, and possibly exemplary damages.

However, if the at-fault driver had no insurance, the chance of collecting your damages may be small. If you have UIM coverage, you may make a claim with your automobile insurance policy for your benefits.

An uninsured or underinsured motorist policy allows you to recover your damages when the at-fault driver has no liability insurance or has insurance limits that are not large enough to cover your losses. It is advisable to have your car insurance policy reviewed by your car accident attorney to determine if you have UM coverage and in what amount.

Question 14

Can I Request or Subpoena Another Driver’s Cell Phone or Records?

Accepted Answer

Usually, a driver is required to produce cell phone records only after a lawsuit or legal proceeding has been filed. If you need the other driver’s cell phone records right away, filing suit immediately after the wreck may be your best option.

You may also consider sending a preservation request to the at-fault driver or the insurance company. This will require that the phone and records be preserved in the event of future litigation. A party’s failure to preserve evidence when a possible claim or lawsuit is known can sometimes result in civil penalties.

Question 15

How are Subpoenas Used in Civil Car Accident Cases?

Accepted Answer

In a Georgia car accident claim, subpoenas are available after suit has been filed. There are two general types of subpoenas: Witness subpoenas and evidence subpoenas. Witness subpoenas may be used to require a person to appear for a deposition or as a trial witness. Evidence subpoenas are used to obtain documents or physical items as evidence in a case. Often, subpoenas are used to compel the police officers’ testimony or obtain documents from third parties or companies who are not named as Plaintiffs or Defendants. In a car accident litigation, this can mean GPS data, repair and maintenance records, prior claims information, and a variety of other evidence relevant to the automobile accident.

Question 16

I was hit in Georgia by a driver from another state, how does that work?

Accepted Answer

Georgia has a non-resident motorist act that allows you to bring a claim against an at-fault driver from another state. Many cases can be resolved through settlement.

A lawsuit can be filed against a non-resident (or out-of-state driver) in the county where the car accident happened or in the county where you live, your choice. O.C.G.A. 9-10-93.

Question 17

How soon should I get a lawyer after an auto accident?

Accepted Answer

Under Georgia law, you will generally have two years to file a lawsuit. This time period is called the statute of limitations. In some cases, the statute of limitations may be either shorter or longer than two years depending on who has been involved in the crash. O.C.G.A. 9-3-31.

Even though you have up to two years to file a lawsuit, we do consulting with an attorney as soon as possible after the wreck. It is best to consult with a lawyer within days or weeks of your motor vehicle accident.

Whether you hire an Atlanta car accident attorney or not, a thorough investigation of your case, review of applicable insurance policies and discussion with medical experts to determine the full extent of your losses, is necessary – and this takes time. Many law firms will not accept a case if they are contacted shortly before the statute of limitation is set to expire, due to the inability to fully investigate your case before time runs out. It is imperative that you don’t delay in consulting and hiring a personal injury lawyer.

Question 18

How do I know which Personal Injury Lawyer is the best one to help with my car accident case?

Accepted Answer

There are many car accident lawyers advertising in Atlanta (and around Georgia) for your injury case. To narrow your search and find the best accident attorney for you, consider the following:

Good law firms specialize. You want lawyers who are are experts in car, truck and motorcycle accident law.

Local attorneys who know and understand your area and the local metro-Atlanta court system can give you an advantage.

Be wary of “discount fee” injury lawyers. Some lawyers advertise cheap or discounted rates (25% contingency fees, or even less). This often means they are high volume firms or are inexperienced lawyers with few staff or resources. Unfortunately, you may get exactly what you pay for.

When deciding which law firm to hire, be sure to ask how many trials the firm has had recently. Most strong personal injury firms go to trial several times each year.

Personal Injury is not a “general” area of law; it is very specialized. It requires knowing and understanding insurance law, how to effectively interact and negotiate with adjusters, how to discover all of the available insurance coverage information, and how to collect all of the damages you are entitled to.

Personal Injury Law also involves knowing how to try this type of case and actually bring it to court. Does the lawyer you are speak to have the experience and resources (staff and money) to conduct a full-blown personal injury trial?

Before hiring a personal injury lawyer in Atlanta, be sure to check out their online reviews (we have dozens of 5 star reviews), AVVO rating (ours is a Perfect 10), and Better Business Bureau rating (The Millar Law Firm is rated “A+”).

Question 19

In The Lawyer's Office, Who Will Be Working on My Car Accident Case?

Accepted Answer

Most injury cases are handled by one or more attorneys and a paralegal or legal assistant. In our office, all cases have an assigned lawyer who is assisted by staff in getting medical records. All of our Atlanta car accident lawyers litigate "first chair" - meaning that they have tried car accident cases to verdict. Many of our cases have two or three attorneys, including the Senior Partner, working together as a trial team.

Additionally, we often work with expert accident reconstruction experts and private investigators, legal nurse and medical expense consultants, and functional capacity experts to investigate and build the value of your case. All work done by expert witnesses is coordinated with and supervised by your attorney.

Question 20

What Should A Person Bring to a Meeting or Consultation With a Personal Injury Lawyer?

Accepted Answer

Our Atlanta Car Accident Lawyers are often asked by clients what to bring to the free initial consultation with an attorney with a car accident lawyer or personal injury lawyer? This will depend on your case.

For example, if you’ve been hurt in a car accident, you should bring:

A copy of the police report or the police report number. Don’t worry if the incident report is not yet available, a good law firm will get it for you.

Photos from the accident scene, the damage to the vehicles involved, and of your injuries.

The at-fault driver’s insurance company and policy number, and their full name, address and phone information.

Names and contact information of witnesses.

A list of hospitals, clinics and doctors you have seen. The law firm will obtain your medical records and bills for you.

Contact information for your job and supervisor, so that the law firm can obtain records showing time you may have missed from work.

A journal you have kept, describing how your injuries have impacted you.

Question 21

How much will it cost to hire an attorney to handle your auto accident case?

Accepted Answer

Most reputable personal injury law offices provide a free initial case consultation and operate on a “contingent fee” or contingency agreement. This means you are not charged legal fees unless the firm actually recovers money for you or your family through settlement, a jury verdict, or Judgment.

Personal Injury legal fees in Georgia generally range from one-third for most settlements to forty-percent when a lawsuit must be filed. In rare instances, fees can vary. Our lawyers will evaluate your case by telephone or in-person at no charge and discuss the fee arrangement with no obligation or pressure to retain us.

Question 22

What happens if a doctor says I will never fully recover from my car accident?

Accepted Answer

If you have been left with permanent injuries that will require ongoing medical treatment, reduce or prevent you from working, or your injuries will diminish your enjoyment of life. This must be taken into account when seeking a fair and reasonable recovery in your case.

The best personal injury lawyers will review medical and work records and consult with medical experts, vocational experts, economists and others to determine the full amount of past and future medical expenses, lost wages, and reduced quality of life you are entitled to be compensated for after a serious injury accident.

Cases involving serious permanent injury are very likely to have a much higher value than an injury in which the accident victim has a full and complete recovery.

Question 23

Will an auto mechanic be called as a witness in my case?

Accepted Answer

Sometimes we do use mechanics and auto-body repairmen as witnesses. But, most often the testimony of the victim, witnesses, photographs, repair estimates and bills, and accident reconstruction experts are used to prove that a car was damaged in a crash. The fact that the mechanic or body-man did not testify does not mean that your car did not sustain damage.

Question 24

Will my car insurance premiums increase if I didn’t cause the car accident?

Accepted Answer

Georgia law, O.C.G.A. 33-9-40, states that a motor vehicle insurance company may not increase your rates or cancel your policy if you are not at-fault for an accident or collision.

Car Accident Attorneys Serving All of Atlanta, Georgia

The Millar Law Firm Specializes in Automobile Accident Injury Cases In The Atlanta Area

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Get the Answers to Your Legal Questions After a Car Accident

5 Important Steps to Take to Protect Your Legal Rights to Compensation

1. Get the medical care you need right away

2. Notify your insurance company

3. Avoid giving a recorded statement without first getting legal advice

4. Do Not Sign a Release or Settlement Agreement Too Quickly

5. Hire a Top-Rated Injury Lawyer to Help with Your Case

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