Legal Question in Personal Injury in Georgia

Re: legal answers

Mr. Brooks's answer is fairly complete and gives you good information.

The statute of limitation lasts for two years. E.G. if your wreck happened on the 4/4/01, the statute would expire on 4/3/03. The only way you can be sure that you are treated fairly is to have a professional evaluate your case. If you were hurt badly you would do have a better case than if you had a minor injury. Many factors are involved in case evaluation. The list is too long and complicated to discuss in an email and would depend on the particulars of your case.

Re: legal answers

(1)You cannot force someone to give a statement unless they are under subpoena to testify. You cannot serve a subpoena unless a lawsuit is filed. (2)There are verdict/settlement databases that can be checked, but you would need to pay for the information. (3)The insurance co. does not have to pay and choose not to. You may have to obtain a judgement against the insured person that caused the injury to force payment. (4) The insurance company may try to wait until after the statute of limitations has passed. If that happens, then you cannot obtain a judgement against the insured person.

Re: legal answers

1. Unless a lawsuit is filed, you likely cannot compel a witness to give a statement regarding your accident.

2. You could investigate other verdict amounts for similar injuries and damages. An attorney could help you determine a reasonable settlement for your injuries after an investigation into your case.

3. That depends on what you mean when you say the insurance company was found at fault. Do you mean the other driver was determined to be at fault by the police? If so, even if the other driver is at fault, you cannot force his insurance company to pay your damages. It may require your filing a lawsuit and perhaps even obtaining a judgment against the at-fault driver before the insurance company will give in.

4. You have no right to force the insurance company to offer you a settlement.

Please feel free to call me at 770-640-6558 if you have any further questions.

Michael J. Azzariti

Attorney at Law

Azzariti Law Firm, P.C.