Legal Question in Personal Injury in Georgia

Re: rear end collision

Thanks for your inquiry. Assuming the other driver is found to be at fault, you both would likely be entitled to pain and suffering damages. Whether you will be able to recover these damages depends on a number of variables, including were you at fault to any extent, whether the at-fault driver had insurance and whether there is any insurance available to cover your injuries, and other issues.

Typically, the at-fault driver (through his insurance company if he is insured) may be held liable to pay damages for a victim's medical bills, pain and suffering, lost wages, etc. arising out of the accident. This is so even where the injury is an aggravation of a preexisting condition. There may also be insurance on the victim's own car and/or the car in which the victim was travelling at the time of the accident which may cover the injuries. There may also be other auto insurance which may cover the victim's injury.

So, there are many issues to be examined in your situation. Unfortunately, without more information from you regarding the accident and the policies in question, your question cannot be answered sufficiently.

Also, please bear in mind that all of these issues may depend upon the law of the jurisdiction in which the accident occurred, the language of the applicable insurance policies and other facts regarding the accident. I hope you found this e-mail informative.

If you have any more questions, please feel free to contact me at 770-640-6558. Thanks again.

Michael J. Azzariti, Esq. Azzariti Law Firm, P.C. 2001 Macy Drive Roswell, Georgia 30076

Re: rear end collision

Yes. If you received an injury [your passenger also], there is an entitlement to pain and suffering, or general damages as recognized by the law. It would be difficult to set out a dollar value and give you a skewed estimate of your case without knowing the details of your injuries. Attorneys in this type of case work on a contingent fee, usually 1/3 for settlement, and our interest corresponds with that of the client. The better you do the better we do.