Car Accident Case in Georgia

How does the Delius Law Firm handle a car accident case? The first thing we do is meet with the injured driver who will be our client. We carefully talk with our client about the injuries that they suffered in the car accident. We document broken bones, fractures, herniated disks, cuts, abrasions and any internal injuries. We talk to the client about the doctors they have seen and the medical bills, whether they have been paid or unpaid. We order all of the medical records dealing with our client's injuries. We also order our client's medical bills.

The next step is to get the other driver's automobile insurance coverage limits. The law requires insurance companies to turn over this information to us within sixty days. The car insurance company often sends us the other driver's declarations page, which shows the amount of liability insurance that the other driver purchased. If that driver has minimum limits insurance, we also check with our own client's insurance carrier to determine if they have uninsured or underinsured motorist (UM) coverage. Sometimes the uninsured or underinsured coverage can be used to supplement the other driver's coverage. If your insurance company says that you don't have UM coverage, we make sure that you signed the uninsured or underinsured waiver of coverage.

While we are obtaining the car insurance coverage information related to the accident, we also help our client get medical treatment after the wreck. Sometimes clients may be seeing a chiropractor when they actually need to be seeing a neurosurgeon or an orthopedic surgeon for their injuries. A medical doctor (M.D.) specializing in those areas are usually most qualified to diagnose and treat an auto accident victim. Although we are not doctors, we have handled hundreds of cases and can generally tell if a client is receiving inadequate medical care following a car wreck.

How can we tell if a client is getting the best medical care after an accident? We always review any MRIs or CT scans to determine if the radiologist found a significant injury. If so, it's obvious that the injured driver or injured passenger should be seeing an M.D. If our auto accident client isn't seeing any doctor at all, we can sometimes arrange an appointment with a qualified physician. We know many doctors who have treated car crash victims and we can sometimes help our clients get an appointment so their injuries can be diagnosed correctly.

Our next concern is whether the statute of limitations is approaching in our client's case. The statute of limitations is nothing more than a time limit for a lawsuit. In Georgia, you must file a lawsuit within two years of the car accident, or the case is gone forever. We pay close attention to the statute of limitations in every case. If it has been over a year since your car accident, you should call us immediately so that we can start on your case. Please don't think that you can handle your insurance claim yourself. The other driver's car insurance company will usually take a long time to process your claim, which might put you in danger of missing the deadline for the statute of limitations.

At the Delius Law Firm, we are primarily concerned with your health and physical recovery. We have a philosophy that it's best to wait until a client has obtained the best medical treatment possible and is at maximum medical improvement (MMI) before we try to settle a case. That way we can best tell how much a case is worth to settle. Of course, if the statute of limitations is close, we will move quickly to settle the case or file a lawsuit based on the facts of the case. Either way, we always prepare a car wreck case like we are going to a jury trial. If we are ready to try the case at all times, we will always be prepared to maximize the amount of settlement. Of course, if the insurance company forces us to trial, this also allows us to put on the best case possible.

What happens if we get a settlement check for an auto accident victim? The other driver's insurance company will first require the car wreck victim to sign a release in exchange for the check. We carefully examine every insurance company release to make sure that it does not harm our client and gives our client the best terms possible. Sometimes an insurance company release may contain indemnification language. This language is means that the injured driver is supposed to indemnify or hold harmless the other driver in the event that the other driver gets sued. If possible, we avoid indemnification language in our settlement documents.

Settlement checks are usually payable to the client and the attorney. In that case, we deposit the settlement check into our lawyer trust account. We then subtract our fee and write a check to you on our trust account for your share of the recovery. If you have been in a car wreck, you might want to know how much the attorney's fees are in your case. Usually we charge a contingency fee. This generally means that if you don't receive a settlement check, then we don't get paid either. Our usual fee is 1/3 or 33% of the total settlement if we are able to settle your case before filing a lawsuit. If we have to file a lawsuit, our fee is usually 40%.

Clients sometimes ask why our attorney contingency fees are set up in this manner. You must understand that our firm only works on a contingency fee, meaning we don't get paid unless the case settles or if we win a jury verdict. Sometimes cases settle quickly, sometimes the insurance company drags the case on for years. We usually handle all expenses on all of our cases. Most of our cases involve very serious injuries which require us to invest our firm's resources. That is why we must use this contingency fee structure. You will find that most personal injury contingency fee firms use this same formula.

No two auto accident cases are ever alike. There are always different injuries, different medical procedures, different liability issues and different insurance companies involved. Call the Delius Law Firm today about your case so we can help you get the best settlement or jury verdict possible.

For more information about our ability to represent your interests in any Atlanta auto accident claim, contact Atlanta auto accident lawyer Scott Delius for a free consultation.