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This post is the third in our series on Diminished Value Claims. As we’ve discussed in this blog, diminished value is the loss in value of your car after an auto accident.

Diminished Value takes into account the fact that, research shows, consumers will only be willing to purchase a car that has a documented wreck history if it is significantly discounted. That “significant discount” is the loss you have incurred as a result of the accident: it’s the real costs that go beyond the cost of repairs.

In pursuing a diminished value claim, it is critical that your documentation is in order. You need to make sure you keep copies of all repair records, which show the type of damage sustained, the type of parts used for repairs, and the number of hours required for labor.

The Atlanta Journal-Constitution is reporting that a homeless woman who was crossing the tracks with her husband to return to their campsite in the woods was struck and killed by a train in Gwinnett County early this morning.

Gwinnett police Cpl. Edwin Ritter said officers responded to a call at 5:45 a.m. regarding two people struck by a train in the area of Jones Mill Road and Button Gwinnett Drive near Norcross. In fact, only one victim was hit. She was pronounced dead at the scene. Her name has not yet been released.

The Norfolk Southern train was carrying a load of piggy back trailers northbound as it passed through the area. There was no report regarding whether or not there are adequate crossing guards or warning lights in the area where the couple was trying to cross.

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Recent news reports in Atlanta have detailed the tragedy of a woman who fell to her death from the W Hotel in Atlanta this summer.

A group of friends were celebrating in a room on the 10th floor. Two girls, allegedly, began horseplay that led to them leaning against the window. The glass gave way, and the two women fell through the glass. One woman landed on the roof just below and is recovering from her injuries, but the other fell to her death on the street ten stories below.

Tragedies like this remind us that we can’t always trust our environment. In this case, the hotel had no records of window maintenance or repair, even though a massive renovation had been completed on the hotel just a few years ago.

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A new study in the New England Journal of Medicine has concluded that frequent dancing is not only a good stress reducer, but also an activity that might just ward off dementia.

So why would a law firm make note of this study in its blog?

At our firm, we deal with clients involved in stressful situations, and we’re always looking for simple advice that we can provide to them to help them feel better and reduce their stress. For that reason alone, we found this study very useful.

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If you’ve had an accident, your insurance company may be asking you to sign a medical release form. This form allows them to have access to all your medical records. Before you sign anything, you should consult with an attorney.

Although we’d all like to think that insurance companies are there to help us in times of need, excessive fraud has forced insurance cmpanies to be diligent in their investigations of all claims. The sad truth about insurance companies is that their goal is to not pay your bills. If you sign a medical release form for your insurance company, the insurance adjusters will gather all your records and scrutinize everything from the physician’s notes to whether or not you have missed any appointments.

If you have been injured in an accident and are dealing with an insurance company, contact David Van Sant. He’s an attorney who specializes in helping people receive the compensation they need and the insurance benefits they deserve.

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According to the AAA Foundation for Safety, the summer months comprise what they call the “100 Deadliest Days for Teen Drivers.”

Any time a teen dies in a car accident, it is a tragedy. So what causes teen fatalities to rise as temperatures do?

Common sense tells us that when school is out, teens are about. Summer parties, summer jobs, sports and all sorts of recreational activities put teen drivers on the road day and night, often by the carload. Having friends in the car can be distracting, particularly for an inexperienced driver.

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Their innocence and angelic faces don’t make children less likely to sustain an injury in a car accident. So, if you decide to take Junior with you, here are some safety tips for driving with children:

Georgia Law For Driving With Children

  • Children 6 and under absolutely must be secured in either a car seat or booster seat that is appropriate and approved for their specific height and weight.
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When you’ve been in an accident, undoubtedly you will be worked up.  Judgment calls will be made or lost in a blink of an eye.  Your brain may be thinking accident, injury, and then finally settle on financial compensation and insurance.  So, let’s talk about that last one for just a minute.

If you make a claim for insurance, at some point you will probably get a call from someone calling themselves an “insurance adjuster.”  Their job is to investigate the reported claim through interviews of the claimant, witnesses, as well as reviews of the police report and hospital records.  The only one you have any real control over is the last one.

The reality is that if you’re making an insurance claim regarding a personal injury, you won’t blink twice at the thought of them seeing proof.  Okay, but what about the rest of your health records?

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Many of us have some idea what to do if we are in a car or truck accident:  Stay at the scene, trade insurance information, take pictures, etc.  However, would you know what the law says you must do in a boating accident in Georgia?

First, you must stop your vessel immediately.

Second, except in the case where this could cause further peril, you are required to assist anyone injured or in danger.  (You can’t be held liable if your help was “rendered in good faith and in a prudent manner.”)

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The operator of the bus that injured 17 Gwinnet County students has been cleared of fault.

On April 10th, the Jamie Villafane, who has been a bus driver for 25 years, claimed to have swerved to miss another vehicle.  The bus ended up going off the road and ending up in a “perilous angle on the embankment.”  Needless to say, the bus was prevented from overturning, but not before some students ended up with broken bones, black eyes, and miscellaneous cuts and bruises.

When you’re on the road, it is important not only to pay attention to your own driving, but to those around you, as well.  Each car type has a different center of gravity and roll inertia.  When a driver causes a bus to swerve, that driver is putting everyone on board that bus in danger.  What may be a slight swerve for you is a devastating swerve for them.

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