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Robert Speer attorney at law
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personal injury

When one uses the term "personal injury," they are generally speaking about a car accident case. However, injuries can happen to people in many different forms, such as on the job (which is usually a workmen’s compensation matter), a dog bite, a "slip and fall" case, or even in a barroom brawl (a battery case). An injury to a person can be the basis of a lawsuit in Georgia. An injury usually falls under the classification off a "tort," which is a civil wrong committed by one against another. To prevail in Court on a tort action, several different aspects must fall into place. The vast majority of injury cases in Georgia arise out of an automobile collision. Most personal injury cases boil down to the injured party searching for insurance coverage of some sort so that they can be compensated for their injuries.


Auto accident cases are usually composed of two components, the property damage claim (the wrecked car), and the bodily injury claim. In some cases liability is clear and insurance coverage (by the person who is liable for the injury – called the "tortfeasor") is easily found. Some cases are much more difficult. Insurance coverage is hard to find, or the person who is liable for the injury doesn’t even have insurance – or is broke (this is called "judgment proof"). An injured person should consult with an attorney immediately after an auto collision to assess their rights and options, and they should not sign anything until seeking good legal advice. The reason for this is that insurance companies send out representatives as soon as possible after an accident to settle the claims as quickly as possible. These representatives are commonly called "adjusters" – and they usually attempt to "adjust" a claim as far down as they can to save the insurance company money. It is unwise to settle an accident claim without (1) getting and completing all necessary medical treatment and (2) consulting with a lawyer.

Some people wonder if they should even hire an attorney to represent them in a personal injury action. Quite often, a client will come to our office only after they have attempted to negotiate their own settlement of the case and have failed to reach a satisfactory settlement. Problems arise when a person attempts to represent themselves in a personal injury case. The biggest problem that is encountered is that the client has already spoken with an adjuster and made admissions and statements (both written and verbal) that severely limit any real prospect of winning or settling the case. A good lawyer can handle the entire case for the client and deal with the total case, such as medical payments, auto repair (or replacement), deal with the insurance company regarding the details and paperwork of the case, and speak for the client on all matters.

Some people even hire what is called an "independent adjuster." These are private "adjusters" who negotiate a settlement for the injured person for a fee. This is not a very good way to handle the case, because the insurance companies know that the independent adjuster cannot sue the insurance company or the negligent driver, and the injured party is not usually taken very seriously


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