Legal Question in Personal Injury in Georgia
My wife was in an auto accident (not her fault, she was rear ended) and the car was totaled. She will have to go through physical therapy and have MRI's done to determine the extent of her injuries.
She is in pain throughout the day (neck, back...), but we are concerned that we might be nieve in thinking that the insurance company will pay for the medical bills (they have asked that we send bills to them) since they will be over an extended period of time.
Should we consult a lawyer? How long will they reasonalby pay? Will the case stay open for many months while she continues to see doctors?
Any advice is appreciated. Thank you - Dave
4 Answers from Attorneys
The liability insurer is not your friend no matter how hard their adjusters will try to convince you that they are. The liability insurer does NOT pay for medical bills in the usual claim situation.If you have health insurance or "med-pay" insurance on your own car policy that usually pays for medical bills, MRIs and physical therapy. The insurer will use the circumstances to build a file, gathering whatever medical info it can get to use to determine what course of action to take in the claim TO BENEFIT ITSELF not you. The insurer might even advance some money if it thinks that will keep you from getting representation. They will then slam the door on you or offer a small amount in settlement. Get a lawyer experienced in automobile insurance claims. Do not get a DUI lawyer, a divorce lawyer or a will lawyer to handle this. They will screw it up. There are a lot of resources to research who is experienced in these matters. I will be happy to talk to you at no charge if you call me at (770)427-8468. If I cannot help you myself I will help you find the right attorney. Good Luck.
The insurance company is your enemy - an opposing party. You have already harmed your case by talking to them at all, and sending bills to them is a definite no-no. Stop at once and get counsel,. Every contact you have with them will be used by their adjusters and lawyers to try and pay you as little as possible.
Studies show that people with lawyers tend to get settlements 2-3 times bigger than people without counsel.
While you seem focused on speed, you do NOT want a case settled until treatment is complete, as no bills will be paid after a settlement.
A statute of limitations will prevent you from making any claim if you wait one day too long, so see a lawyer immediately.
I have practiced for over 30 years and handle such claims. I'd be happy to meet with you at no charge. We do not charge a fee unless we recover. My number is 404-768-3509.
Dave,
I was an insurance defense attorney before I opened my own firm. Insurance companies are only concerned with paying the least amount as possible. Definitely consult an attorney. No case should be settled before your wife is done treating her injuries. Unfortunately, it is not a fast process and if you have to file suit, you can expect it to take up to a year before it is resolved.
The bigger personal injury firms will have you to talk to a law clerk or secretary, so if you want more personal interaction with your attorney, go with a smaller firm. A second consideration is the fee agreement. Make sure the firm you hire does not raise their contingency fee just because they have to litigate your case.
I do not raise my contingency fee and I only charge 25% if you mention LawGuru on our initial consultation. Feel free to give me a call at 404-529-9081.
You need to speak to an attorney as soon as possible who can answer your questions in an initial consultation at no charge. You should not discuss settling your claim with the insurance carrier until your wife has completed her treatment and been released at maximum medical improvement by her physicians. You have two years to file a suit, and as you only get one opportunity to settle for a lump sum amount, you should therefore be sure your wife has reached MMI and completed all treatment before discussing settlement. You may contact us at 404-524-5626, or visit our website at www.johnsonward.com, if you wish to discuss this further.