Listed below are some of the more common questions we hear. Click on the questions for a detailed answer and explanation that may be helpful to you.
- Do I have a case?
- Can I handle this problem alone?
- Amount? When?
- How do I choose an attorney?
- What should I do first?
- Can I afford an attorney?
- How long do I have to file suit?
Do I have a case?
There is no simple way of answering this most commonly asked question. Many factors and research of the law must be considered carefully before an answer to this question can be made. We will listen to your questions, and the circumstances that face you before making a response. The call and the time on the phone with the attorney is free, and without obligation. We invite your call.
Can I handle this problem alone?
Yes, you could. The real question is, "should you?" I have often spent time with individuals who, like yourself, wonder if this problem should be "worked out" between themselves and the insurance company on the opposing side. If you choose this method, we will wish you the very best in your endeavor. We do not recommend it, however, for numerous reasons, but we will address 3 important ones.
First, the insurance company representative is well aware that you may not know the law regarding the ability to recover certain losses that you may have sustained. The playing field is not level in this circumstance, and you may (and probably will) settle your case for less money than you are entitled to.
Second, can you fully explain to the insurance company the medical implications of your injury? We can and do. Will you be affected by your injury over a long term? We can find the answer and consider that in our final evaluation of your case.
Third, do you know how to coordinate the various calls and respond to the questions that will be asked by not only the "other guy's" insurance company, but your own as well, without jeopardizing your continued coverage and possible future benefits? That is an issue we face daily.
Amount? When?
You would be well served to question the experience level of any attorney who attempts to answer those 2 very common questions with only the information from a brief phone call or personal consultation.
The representation of a personal injury case is not simply plugging into a computer a set of facts and receiving a pre-determined answer. If it were that simple, there would be no need for you to ever visit a web-site like this. All cases are different. All clients are different. All injuries are different.
A case should not be resolved until the full nature and extent of your injury is known to your doctor, your attorney, and yourself. A case that is settled too quickly will result in a resolution that may leave you uncompensated for your claim.
Your case will progress with the same speed with which you heal, or reach a plateau in your physical recovery. If your case requires court filings and court appearances or a jury trial, the time will be considerably longer, as you would expect. We will make every reasonable effort to resolve your claim as expeditiously as possible, but we will not allow "haste" to make "waste." There are no shortcuts to reaching the resolution you seek and one that will adequately protect you.
Once any money has been paid and the case is over, you will not be allowed to go back to the insurance company and request more money for items that were overlooked or unanticipated. Proper preparation and presentation of your case are vitally important.
How do I choose an attorney?
Talk to the attorney at length about your case. If you feel rushed, and that your questions have not been fully answered, move on to the next attorney on your list of possible attorneys. An attorney and client relationship is one of the most critical decisions you may make in your life. You should not feel embarrassed to ask any question you may have. Also, you should not feel reluctant to call the attorney with questions you may have forgotten to ask during the initial meeting.
We have found that "hands-on" personal service is the best method to achieve the results sought. Your questions will be answered by me, not a member of my staff. If I am out of my office when you call, you will receive a return phone call within the same business day if at all possible, but always with 24 hours of your call.
Similarly, your case will be handled by me. It is critical that your case be presented with "one voice." In the vast majority of cases, we do not believe that several lawyers each handling a component of you case is the most effective method to professionally represent you.
We would welcome the opportunity to meet with you about your questions, and we will be happy to provide you with the names and phone numbers of current and former clients (with their permission) who will relate to you their opinion of our level of service and commitment to our clients.
What should I do first?
Report the matter as soon as possible to appropriate law enforcement and your insurance agent (the company to which you pay your premiums). In the event of an on-the-job injury you should also, as soon as reasonably practical, report the injury to your employer.
Seek medical help in an emergency. If it is not a medical emergency, seek the names of qualified doctors in your area (in case of a vehicle collision) or that are listed on your employer's Panel of Physicians (in case of a work related injury). We can help you find this information.
Other than the above, we advise our clients to speak to no one other than their attorney about their case. Many clients receive requests for "interviews" or "statements" from various sources almost immediately after an injury. There is no obligation to make a statement or grant an interview, but many are unaware of this fact and feel pressured or compelled to "cooperate." Many times, the person requesting the interview does not have your best interests in mind despite possible assurances to the contrary. You should bear that in mind.
Finally, if possible, make and retain photographs of all damage and/or personal injury.
Can I afford an attorney?
We are paid on a contingent fee.* In other words, our fee is a portion of what we collect for you. If we do not collect, there is no fee for our services. We can fully explain our fee structure when you call. We govern ourselves strictly to the parameters of all applicable State Bar of Georgia Rules and Regulations in the definition of "fees" and other expenses. If you need to call or write to us, or need a personal meeting after our representation is commenced, you will NOT be charged an additional amount for those services. The initial consultation is without any fee or obligation of any kind or description and we welcome your call.
*"Contingent attorneys' fees refer only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client." --- Georgia Rules of Professional Conduct, Rule 7.1 (a) (5)
How long do I have to file suit?
That varies with case to case, but in most Workers' Compensation cases, 1 year to file a written claim is generally permissible. It is also necessary in most Workers? Compensation cases to give notice in some form within 30 days of injury.
In other cases such as vehicle collisions, medical malpractice, wrongful death, etc., you may have up to 2 years from the date of the injury/death to file a claim/lawsuit. It is best to speak directly to an attorney about the specifics of your particular set of circumstances.
Beyond the above, it is rarely a good idea to "wait and see how things go" for a long period of time before consulting an attorney to begin representing you. Witnesses become unavailable and memories fade. Additionally, proper documentation of your case is an ongoing process and one that becomes very difficult, if not impossible, if a considerable length of time passes between an injury and your representation.
