Personal Injury Frequently Asked Questions

Welcome the Van Sant Law personal injury FAQ page! This is where you’ll find answers to some of the most frequently asked questions about personal injury law. Understanding these personal injury questions and answers will help you better understand your rights and options if you were injured due to another person’s negligence.

A: When someone is injured due to someone else’s negligence, Georgia law says that the injured person has the right to recover compensation for their losses. Compensable losses include medical expenses, lost wages, pain and suffering, and other direct and indirect losses related to the injury accident. To obtain compensation, an injured victim or their loved ones can work with a personal injury law firm to file a formal personal injury claim through the Georgia court system.

A: The answer is, “it depends.” Some personal injury claims are settled in a matter of weeks or months, for full and fair compensation. In other situations, it may be disadvantageous to the victim to settle too quickly, as the full extent of their medical expenses and future needs may not be known immediately.

The responsible party’s insurance company may also be unwilling to negotiate a fair settlement, in which case it may be necessary to litigate the claim in court. Your personal injury lawyer’s goal is to help you obtain the best possible outcome for your claim. While a swift resolution of your claim may not be possible, know that your attorney is working hard behind the scenes to help you obtain the compensation you deserve.

A: Auto insurance policies often include Personal Injury Protection (PIP,) also called MedPay in Georgia. If you are injured in a car accident and your auto insurance includes PIP, you, and your passengers — if they didn’t have their own PIP coverage — may be able to obtain compensation for medical expenses by filing claims with your insurance company. Your personal injury lawyer can help you evaluate your coverage and rights to pursue insurance benefits, including PIP payments.

A: The value of your claim depends on various factors; every claim is different. Factors considered in valuation include damage to your personal property, the cost of immediate medical care, ongoing medical treatments including rehabilitation and therapy, if applicable, prescription medications, lost income, pain and suffering, and more. Your personal injury attorney will conduct an investigation, gather evidence, and compile documentation of your actual and anticipated expenses and losses related to the injury accident. Your legal team will work closely with you to ensure your claim accurately reflects a value that will compensate you fairly.

A: Yes! If you wait too long to file a personal injury claim in Georgia, you could find yourself unable to recover any compensation. In most cases, you have up to two years from the date of the accident in which to file your claim. However, some circumstances may lead to shorter time limits. Consulting with a knowledgeable Georgia personal injury attorney as soon as you feel up to doing so is the best way to ensure you meet required filing deadlines.

A: In Georgia, you may be able to recover compensation for your personal injury claim if you can show that the other party was responsible for the accident which led to your injuries. In most cases, this means proving that someone else acted carelessly or negligently. Your lawyer will work to establish liability based on available evidence.

A: Evidence will form the foundation of your personal injury claim. While it can take various forms, evidence typically includes pictures of the crime scene, video evidence from nearby surveillance cameras or witnesses, police reports, statements from witnesses, expert witness testimony, and physical evidence, including damaged or destroyed personal property.

A: While some states are “no fault” insurance states, Georgia is not one of them. In Georgia, victims must show that the responsible party was at fault and acted carelessly, recklessly, or negligently to cause an accident which led to a victim’s injuries. Your lawyer will work to identify and hold liable all potential responsible parties, including motorists, trucking companies, manufacturers, and others who may have acted negligently.

A: Medical expenses after an injury accident can be substantial. In fact, medical bills are often the largest component of a personal injury claim’s valuation. Your personal injury lawyer will work to capture an accurate picture of all the medical expenses you have already incurred, as well as future expenses and needs for ongoing medical treatments. If your health insurance policy paid for your medical treatment, the insurance company may be entitled to receive the funds they paid through a subrogation clause in the policy. Your attorney will help you understand your settlement and what it is designed to cover.

A: Your legal team’s primary goal is to make sure you receive a settlement that is fair, based on the underlying facts and circumstances. To accomplish this goal, your attorney will first work to accurately value your claim. Your personal injury lawyer will negotiate with the responsible party’s insurance company on your behalf, advocating for your rights. If the other party isn’t willing to negotiate fairly, your attorney will fight for your rights and interests in court.

A: In most cases, the initial settlement offer is too low. The insurance company’s goal is to settle your claim quickly and inexpensively. While it can be tempting to accept that offer so you can move on with your life, you could be short-changing yourself in the process. If you accept a low settlement but then later have additional expenses related to your injury accident, you will not be able to pursue additional compensation from the responsible party. Your legal team will help you evaluate settlement offers, so you can make decisions that are right for your situation.

A: If you were injured in an accident, you will quickly learn that there is no shortage of available legal help for pursuing a personal injury claim. Unfortunately, not all personal injury lawyers are equal. When evaluating attorneys to represent you, look for an attorney who regularly practices personal injury law in Georgia and has an in-depth understanding of the law and the legal system. A good personal injury attorney will be organized, will empathize with you, and will create an open line of communication so you always feel comfortable asking questions. Look for an attorney with a track record of success in handling similar claims in the past. With a knowledgeable, experienced, and compassionate personal injury lawyer in your corner, you can be confident your claim is in good hands.

This compilation of personal injury FAQ should help you make more informed decisions about your Georgia personal injury claim. Still have questions? Contact Van Sant Law today!