It Is Safe To Assume Assume That There Is Automobile Insurance If A Personal Injury Case Goes to Trial

 

Often times clients ask us if it is safe to assume that there is automobile insurance if a personal injury case goes to trial. The answer is “YES”. If your personal injury case goes to trial before a jury, there is a 99.9% chance that your lawyer has found that there is insurance to cover your claim.

In a personal injury case, after the lawyer has exhausted all means of settlement discussions and/or mediation with the Defendant, your case may need to be taken to trial.

In Georgia, a personal injury automobile claim starts with your lawyer requesting that the insurance company provide the insurance coverage limits available for the claim to the injured party’s attorney. Insurance companies are required to provide the available insurance policy limits for a negligent action of their insured, pursuant to O.C.G.A. § 33-3-28.

Typically, injured parties must first complete medical treatment. After the treatment is completed, your attorney will request copies of all of your medical records and medical bills. After your medical bills and records have been obtained, your attorney will write a demand letter to the Defendant’s insurance company requesting compensation for your medical bills, lost wages and pain and suffering. Insurance companies have a tendency to reject the amount demanded in the lawyer’s initial demand letter. If your demand is rejected by the insurance company, your lawyer may recommend filing a lawsuit to force the insurance company to pay the policy limits to resolve your claim. After your lawsuit is filed, the Defendant must be served with a copy of the complaint and summons from the clerk of court. The Defendant will contact their insurance company, and an insurance company attorney will be assigned to the case. The Defendant’s attorney will file an answer to the complaint within 30 days or the Defendant will be in default. After the Defendant answers the complaint, six months of discovery begins, which will include written discovery questions and depositions. Any time after the suit is filed, mediation can take place.

Once the case is in mediation, the negotiation of compensation takes place in front of a mediator that will assist the parties in determining a fair amount of money that the insurance company should pay the injured party to settle the claim. Occasionally, mediation does not work out when both parties can not come to an agreement, and the case will need to have a trial before a jury. Most personal injury claims are settled when the insurance companies agree to the relief that the Plaintiff is seeking, but sometimes going to trial is necessary when the request for damages is not met by the insurance company. If the case goes to trial, it is safe to assume that the Defendant has insurance to cover the claim or the case would not be going to trial.

If you have been injured in an automobile accident, Attorney John Adkins is the Auto Accident Lawyer in Atlanta that can help you obtain the compensation that you deserve. Please give us a call for a free consultation!

Commuter, Business Travelers Face New Dangers, Shrinking Legal Rights

Commuters, Business Travelers Face New Dangers, Shrinking Legal Rights

CommutingWoman
The average work commute hit an all-time high in 2018.

Americ has already earned the dubious distinction as the most overworked developed nation in the world: 85.8 percent of males and 66.5 percent of females work more than 40 hours per week.

And as if long work weeks weren’t enough, we waste more time than ever getting to work in the first place, whether on the road or by air. According to the U.S. Census Bureau, work commutes hit an all-time high in 2018, with the average commuter spending 54 minutes (225 hours per year) traveling to and from their job. Business air travel is also forecasted to climb from 462 million domestic trips per year to 499.4 million by 2022.

Now there’s MORE bad news for the beleaguered American worker in this blistering report from the Center for Justice & Democracy (CJ&D) titled Planes, Trains and Automobiles – And Other Transportation Hazards. Safety and legal protections are increasingly under attack by corporate interests more interested in profits than the public welfare while many of the government agencies created to enforce these protections look the other way. Here are top-line takeaways from that report:

Flying the Unfriendly Skies

Aircraft Maintenance
The FAA is delegating more oversight duties to manufacturers.

The Little Engine That Couldn’t

  • Slow implementation of safety technology:Congress passed the Rail Safety Improvement Act in 2008, setting a deadline of December 31, 2015, for the implementation of positive train control (PTC) technology on 30 commuter lines, Amtrak and other railroads. However, the industry has failed to quickly implement PTC, and in the years since, deadly crashes have continued in the years since that might have been prevented.
  • Out-of-date passenger cars: An aging fleet and unsafe repairs have lead to rail cars that fail to meet crashworthiness standards.
  • Forced injustice: In January 2019, Amtrak quietly added a loophole provision called a forced arbitration clause to its ticket purchase agreement. Passengers with any kind of legal dispute – even accident victims and their families – will be forced into secret arbitration with the company rather than appearing before an impartial judge and jury. Thus, passengers are unknowingly giving up their rights by buying a ticket.

Highway Hazards Ahead

CarMax
Federal law allows used cars to be sold with open safety recalls.
  • Tidal wave of auto recalls: In the last 10 years, over 280 million vehicles have been recalled. Unfortunately, recall completion rates are only about 70 to 75 percent, which leaves more than 70 million vehicles on the road with open recalls. The auto industry has repeatedly put hundreds of millions of dangerous and defective automobiles on the roads, only stepping in months or sometimes years after drivers, passengers and others have been hurt or exposed to risk. And federal watchdogs aren’t doing enough to hold auto manufacturers accountable.
  • Used cars unregulated: Used cars, which represent roughly 75 percent of vehicle sales, are allowed under federal law to be sold to customers with open safety recalls and known safety defects. For example, a 2017 study of 1,700 vehicles for sale at CarMax, the nation’s largest seller of used vehicles, showed that one in four had unrepaired safety defects.
  • More dangerous trucks, buses on the road: Fatalities in crashes involving large trucks or buses grew 11 percent from 2013 to 2018. Unscrupulous trucking companies push drivers into unsafe practices like speeding or driving while tired. Others skimp on regular maintenance, including proper brake repair.

Download a complete copy of the CJ&D report here. And if you or someone close to you has been injured during work travel – on the road, by train, in the air or by water – don’t hesitate to contact us to discuss your legal rights.

Call Adkins Law Firm ! John Adkins is The Atlanta Car Accident Lawyer !

How To Deal With Insurance Companies After A Wreck !

Getting into a motor vehicle collision or car accident is a frightening and terrifying experience, especially on Atlanta’s roads and freeways. That is why it is important to know your rights and make sure you take the correct steps to ensure that you protect yourself, your family, and your claim against the insurance company. The following are some short and easy to remember tips from Adkins Law Firm that can guide you through an unfortunate experience, such as a motor vehicle wreck. Adkins Law Firm is your Atlanta Car Accident Lawyer!

It’s okay to report the accident to the authorities. It is important that you call the police immediately after an accident, especially if there are injured persons or if you are injured. The police and paramedics need to get there as soon as possible so the earlier that you call them then the earlier they will get there. When the police arrive, tell them your side of the story of the events that took place, and try to make sure that your version of the events are reflected in the police report or that the police officer writes down your statement. By giving your side of the events and making sure that the correct facts are in the police report, it will help ensure that the police report is written up accurately, which will reduce potential harm to you and your case. 

It’s okay to call the insurance company and report your property damage. Don’t be afraid to call your insurance company and file a claim for your property damage. If your car is damaged beyond repair, or if it is damaged but repairable then you should still file a claim, so that you can begin the process of replacing or repairing your car. Your bodily injuries should also be reported to the insurance company, but you should speak with your personal injury attorney, John Adkins and his team, before you discuss the details of your injuries with the insurance companies. John Adkins is your Auto Accident Attorney in Atlanta. 

DO NOT make a recorded statement about your injuries to the insurance company. Whether it is your insurance company or the other party’s insurance company, DO NOT make any recorded statements to them about your bodily injuries. Your insurance company and the other party’s insurance company is not on your side and they want to pay out as little money as possible for any injuries you have sustained. You can discuss the car/property damage with them, but DO NOT discuss your bodily injuries. Tell the insurance company that you have an attorney handling your personal injuries and give them your attorney, John Adkins’ information. He is The Atlanta Car Accident Attorney. The ONLY time you should make a recorded statement is if your Attorney is on the call with you. 

Order a Copy of the Police Report 3 to 5 days after the accident because the insurance company will need it to set up your claim. It is very important that you get a copy of the police report for your records. The report is typically available after 3 days, but you should not wait longer than 5 days to get the report. You can go down to the police department and get a copy of the report or you can get it online. www.buycrash.com is a website that allows you to get your police report online for a nominal fee. Once you get this report, you need to read it and make notes on what is accurate and what you believe are inaccuracies on the report. Create a file for all your records and keep the police report in that file. You will need to give the police report to your attorney, John Adkins. John is your Atlanta Car Accident Lawyer. 

Write down any witness information at the scene of the accident because they can be important when you are dealing with the insurance company. At the time of the accident, if you are able you need to speak to the witnesses at the scene of the accident. Ask them if you may get their contact information, such as their phone number or email address. Their information will be needed so that your attorney, John Adkins, can contact them and get their account of the events of the scene. This is important because sometimes the police officer will leave witnesses off of the report or the officer will not put the witnesses’ contact information in the report. If there are more than one witnesses, it could be that each witness has a different view of what happened, so you will need to give this information to your attorney, John Adkins, so he can speak with each of the witnesses to get their observations and testimony for your case. 

By following these few reminders, you will protect yourself, your family, and your case, so that you can receive the justice and compensation that you deserve. Call attorney John Adkins for help with your motor vehicle wreck case. The Atlanta Car Accident Attorney!

Don’t Be Fooled – Vaping Is Dangerous and Causes Lung Disease

Initially, healthcare investigators were stumped on why vaping was causing an epidemic of severe lung disease and deaths throughout the U.S., especially among young people. The tobacco industry wants everyone to believe one potential culprit might be the vitamin E acetate used as a thickening agent in black market vaping products containing THC, the active ingredient in marijuana.

But as you will read here, researchers now know that vaping over-the-counter e-cigarettes with nicotine cause EVALI – E-cigarette or Vaping Associated Lung Injury, which could become life-threatening.

10 Things to Always do after a car wreck

10 THINGS TO ALWAYS DO AFTER A CAR WRECK

Getting into a car wreck is a traumatizing experience. It is an unexpected event that can be life changing for you and your family. There are 10 very important things that you need to do after a wreck in order to protect you, your family, and the compensation relief that you deserve. You need an Atlanta Car Accident Lawyer!

1) Stay at the Scene – The shock and trauma of being in an accident can cause you to not think clearly. However, it is very important that you stay at the scene of the accident and that you do NOT leave the scene. If you do leave the scene of the accident then it could imply guilt as well as result in criminal charges against you. Stay at the scene and wait for the police to arrive. 

2) Call 911 and Report the Accident – It is very important that you call 911 and report the accident. Especially if you or the other party are injured. As soon as you can, call 911 and report the accident. If you call 911 first, then you will be able to explain what has happened and the events surrounding the scent better than anyone else can at that time. So call 911 and report the accident. 

3) Do Not Say “I’m Sorry” or Apologize – DO NOT say “I’m sorry” or apologize at the scene of the accident. It can be used as an admission of guilt against you. It is very important to make sure that the police officer does not put your apology in their police report as well. So DO NOT apologize or say “I’m Sorry”. 

4) Limit your conversation about the accident with the Other Party – After the accident you approach the other party and depending on the accident you both will exchange information such as insurance information. The other party may try to talk with you about what happened and why you did what you did or why they did what they did. It is very important that you do not engage in this type of conversation with the other party. Be polite and exchange information. If the other party tries to talk about what happened, remain silent until the police arrive. 

5) Take Pictures and Videos of the Scene – Everyone has a smart phone so it is very important to remember to take pictures and videos of the scene. Try to take pictures and videos of the cars in the accident and the damage to both cars. Video the surround areas such as street intersections and weather conditions. Pictures and video of the surrounding area can be valuable information to your case. 

6) If Injured, Don’t Move Around – After the accident, the most common injury is a neck or back injury. This injury can be magnified or even cause permanent damage if you move around after the accident. If you feel like there is significant damage to your neck, back, or any body part then don’t move or get out of your car. Wait for the ambulance and first responders to arrive and check you out first. You may need to be carried out on a stretcher into the ambulance. 

7) Go to the Hospital if you have any Injuries – At the time of the accident it is very important to take a moment and do a self-assessment of how your body is feeling. The adrenaline will be rushing through your body after an accident, so it will be difficult to feel certain pain until the adrenaline leaves your body. Take a minute and assess how you are physically feeling. Neck and back injuries will begin to hurt after the adrenaline is gone, so if there are any injuries, let the ambulance take you to the hospital to be checked out immediately. 

8) Do Not talk to the other party’s Insurance Company – After the accident, the other party’s insurance company will try to call you and get a statement from you of the events of the accident. They will do this over a recorded line. Do Not talk to them or give any statements to them about the accident. The insurance company is not on your side and they are going to try and ask you questions that imply that you are guilty and responsible for the accident. Do Not speak to them. 

9) Call Attorney John Adkins – He is you Auto Accident Attorney in Atlanta. After an accident you need advice and a road map on how to handle this traumatic experience. John Adkins and his legal team have helped thousands of clients in your same situation navigate the legal process and battle the insurance companies. His experience will help you get fairly compensated and reimbursed for the injuries that you suffered. Call John Adkins, and he can give you the advice and representation that you need. John Adkins is your Atlanta Car Accident Attorney!

10) Let your Attorney be your Advocate to the Insurance Company – The insurance company is not your advocate or your friend. Even your own insurance company does not have your best interest in mind. The insurance company works for the best interest of the insurance company. Their primary goal is to not pay out any money and then their second goal is to pay out the least amount of money possible. Let your Attorney, John Adkins, be your Advocate and negotiate on your behalf to make sure the insurance companies pay you the compensation that you deserve. Call John Adkins and his legal team, and they can be your Advocates. The Atlanta Car Accident Lawyer!

Great Tips for Buying Safe Toys

Are you buying presents for the children in your life this holiday season? Every year dangerous toys cause serious injuries to kids. Here are tips to avoid these safety risks:

•Always follow the suggested age limits.
•Be aware of recalled toys, especially if you are buying secondhand.
•Do your research before purchasing online, as product descriptions may provide incomplete or misleading information.

Click here to learn more about toy safety and browse the 2019 “Ten Worst Toy” list from the organization World Against Toys Causing Harm.

Finally, a joyous holiday season to you and yours!

Adkins Law Firm

www.adkinslegal.com

What To Do If Injured In A Wreck

Imagine you are driving along your normal route that you take every day. Passing the same stop signs and red lights as you do every day. As you accelerate through the green light, BOOM, you are hit by a truck traveling full speed. The truck slammed into the driver’s side knocking you unconscious. Air bags are deployed, but your head is slammed against metal and glass shards are covering your face and arms. Your legs are crushed from the impact. A few moments later you awake to the loud sound of your cars horn ringing in your ears, red and blue lights flashing, and people yelling. 

The next day you wake up in the hospital; your legs are crushed, you have a concussion, and the Doctors are talking about surgery and long-term injuries. By now, the police have made their reports, the insurance companies have been notified, and you are stuck in the hospital facing an uncertain future. What do you do now? You need an Atlanta Car Accident Lawyer!

7 things to remember if you’ve been injured in a wreck!

1st: Call John W. Adkins personal injury attorney at 404-524-5626. He will give you a plan and peace of mind. He is the Auto Accident Attorney in Atlanta. 

2nd: Start gathering your records of what happened and your side of the story. Never admit fault or say I’m sorry to anyone involved or around the accident scene. 

3rd: Do not give a statement or tell your story to an insurance claims adjuster, ESPECIALLY if you taking medication, tired, or not feeling well.

4th: Organize your Paperwork! You will need the following:

1) Your record of the events and police report

2) Your medical records

3) The different doctors and offices you visited

4) Copies/invoices of all out of pocket expenses

5) This includes parking, gas mileage, etc.

6) Keep notes of your correspondence with the insurance company.

5th: Medical Treatment is essential to your case. Follow up and visit a specialist for each injury that you have. Try to find out if your doctor is going to recommend surgery because this will impact the value of your case. 

6th: REMEMBER the Statute of Limitations! Regarding personal injury cases, the Statute of Limitations in Georgia is TWO YEARS from the date of your injury. That means you have two years from the date of your injury to settle your claim or file a lawsuit or you lose your chance to make a recovery. 

7th: Protect the Evidence! Maintain a list of the witnesses from the accident scene.  Maintain pictures of the scene and of your vehicle. Keep a list of all statements made from the wreck; the statements in the police report and those not in the police report. Your Atlanta Car Accident Attorney will need this. 

     The two most important things to do and remember from the seven items listed above are to remember the Statute of Limitations and to seek medical treatment for your injuries immediately after the wreck. The Statute of Limitations is important because if you fail to bring an action before it expires, you won’t have a case or any redress for your injuries that you have suffered if you wait too long to file a lawsuit. Calling the Atlanta Car Accident Attorney John W. Adkins and his team immediately after your accident will save you from the grief of missing any important deadlines and ensure that proper steps are being taken to protect you and your family. Our experienced Attorneys will guide you through the process and protect your rights to make sure that a deadline is not missed. After your accident, immediately call John W. Adkins and his team of attorneys, so that we can help you navigate the court system and protect your rights and get you the compensation that you deserve. He is your Auto Accident Attorney in Atlanta.

The second most important item from the list above is getting the medical treatment for your injuries immediately after the wreck. In Georgia, injured parties have the burden of proof, which means they must be able to prove that they suffered a physical harm as a result of the other party’s negligence. Visiting a specialist for each injury is very important and necessary for you as the victim of a wreck. If the Doctor recommends a procedure or that you follow up with physical therapy, then it is of the utmost importance that you listen to the Doctor and follow their advice regarding your treatment as soon as possible. We understand that taking time off from work is hard to do, but if you don’t address the injuries right away, your injuries can get worse and lead to more severe physical problems in the future that may take many years to resolve. By following the Doctor’s orders and aggressively treating your injuries, you will be in a much better negotiating position when dealing with the automobile insurance company. Pain and suffering should be included in your compensation demands with the automobile insurance companies, and the amount that you demand will depend on the severity of your injuries and the limitations that your injuries put on your life. Your spouse may also have a loss of consortium claim against the negligent other driver, so make sure to tell your attorney if you are married.

If you are looking for a car accident lawyer in the Atlanta area, please be sure to call John W. Adkins with Adkins Legal immediately after you are injured in a wreck.  John can be reached at 404-524-5626. Your Atlanta Car Accident Lawyer!

What To Do If You Get Into A Wreck!

Car wrecks happen when they are least expected. If it was not your fault, you must act quickly at the scene of the wreck in order to protect (1) Yourself, (2) Your Family, and (3) Your Assets. A car wreck can be a life changing and catastrophic event for you and your family. It can lead to expensive medical bills, physical therapy bills, job and income loss, and permanent disability. You will need an Atlanta Car Accident Lawyer. The following steps below can save you and your family’s future from a life time of pain and suffering.

1. Stay Calm and DO NOT apologize to the Other Driver. Be very careful what you say or do at the time of the accident. Depending on the severity of the accident there may be catastrophic injuries or it may just be a fender bender, but make sure you stay calm and think before you act or say anything.

2. Check to make sure everyone in your car is in a stable condition and then check the other vehicle to make sure they are okay as well but DO NOT apologize for the wreck. You did not intend to have your vehicle hit and the other driver may not have intended to hit you, but it happened.

3. ALWAYS CALL THE POLICE. It is very important to the automobile insurance companies that a police report is made at the time of the wreck, so call the police right away and get them to the scene. Tell them there has been a automobile wreck and let them know if people are injured and the severity of the injuries.

4. USE YOUR PHONE to take pictures and use the VIDEO feature on your phone to record the accident and the surrounding circumstances of the wreck. The video feature on your phone can help give a much more clear picture of the wreck and the injuries after the wreck.

5. LOOK FOR WITNESSES. Try to find witnesses to the accident and ask for their contact information. Make sure to ask if they will wait around to give that statement to the police.

6. Speak with an attorney before you call your Insurance Company! An Auto Accident Attorney in Atlanta can help you.

7. Go to the HOSPITAL! IF the collision was severe, then go to the hospital in the ambulance. IF it was not severe, then drive yourself to the hospital immediately after the wreck. Injuries can take days, weeks, and months to manifest into pain in the body, so make sure you get medical help as soon as possible after the wreck.

8. CALL Attorney John W. Adkins and his team because they are the best Personal Injury lawyers in Atlanta, Georgia. He is the premier Atlanta Car Accident Attorney. You will need an attorney that can give you the right advice to protect you from the other party and the insurance companies.

9. Put your Facebook and Social media accounts in private mode where only your friends and family can view your posts and make sure that you don’t post anything about your physical or medical condition on the internet. Insurance company lawyers are trained to use your Social Media posts and pictures against you in order to limit your recovery.

10. Keep all your medical bills and invoices and give them to your personal injury attorney.

Attorney John W. Adkins and his team will fight for you to make sure you get the compensation that you deserve! He is the Atlanta Car Accident Lawyer.

The adkinslegal.com team are your Auto Accident Attorneys in Atlanta.