Legal Question in Personal Injury in Georgia

Settling a auto claim from an rear end collision.....

June of 2002 a motorist rear-ended my car. The person was changing lanes and did not look to see that traffic had come to a halt in the lane I was in. The motorist who hit me was insured. We exchanged information and a police report and 3 traffice citations were issued. I tried several times to get in touch with the motorist�s insurance company to settle my claims. I finally my insurance company repaired my car and paid my medical bills. It turns out the motorist�s insurance company closed my claim out the same day of the accident. It was only when my insurance company escalated the issue that it was discovered that my claim had been closed out this is 1.5 months later. Since then my car has been repaired and my insurance company paid the claim. They have received payment from the other insurance company for the repairs of my car.

Now, what claims I am trying to receive a settlement on are my medical bills, loss wages, and pain and suffering.

My questions are as follows:

What is the base claim amount for pain and suffering? Can one include missed time from work to receive medical treatment? Can one claim mileage for medical treatment?


Asked on 10/08/02, 1:52 pm

4 Answers from Attorneys
Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: Settling a auto claim from an rear end collision.....

I would be interested to know which of the disreputable insurance companies did this.

Yes, you can include value of any time lost from work (even if you took sick leave rather than having pay docked) , mileage, medical bills, wage loss, etc. The legal measure for pain and suffering in Georgia is the "enlightened conscience of a fair and impartial jury," and there is no arbitrary cap or formula for calculating that.

A number of insurance companies use a really diabolical computer system called "Collosus" to determine how much they will pay on injury claims, especially relatively minor ones. Some insurers also use a claims handling policy called "MIST" for "Minor Impact Soft Tissue," in which they arbitrarily lowball all such claims and refuse to negotiate above an extremely low offer. There are ways of fighting that, but it requires a lawyer who is willing to devote enormous time, effort and energy to a battle with relatively low stakes.

I wish you well.

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Answered on 10/08/02, 2:02 pm
Keith Reisman Reisman Law

Re: Settling a auto claim from an rear end collision.....

There is no such thing as a �base amount� that one is owed for pain and suffering after an accident. The amount that one may recover is usually proportional to the severity of the injury. The other type of damages that you asked about is known as special damages. Lost wages (either directly caused by the accident or to go to doctors� appointments), medical expenses, mileage, etc. are all special damages that can be recovered.

I sense that the bottom line question you have is, how much is my claim worth in settlement? That question is impossible to answer in this forum. Many factors need to be evaluated. An attorney with access to all the facts and your medical records can give you a rough answer to this question. Of course, the attorney will charge you to provide this information and to negotiate your case with the insurance company. Typically, a personal injury case is taken on a contingent fee basis. The attorney�s fee is usually in the 25% - 35% of total recovery range plus payment of expenses.

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.

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Answered on 10/08/02, 2:07 pm
Dan Conaway Conaway&Strickler, P.C.

Re: Settling a auto claim from an rear end collision.....

I am more than happy to help. Please give us a ring so that we can discuss your matter in more detail. 404-816-5000.

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Answered on 10/08/02, 3:29 pm
Benjamin Eichholz The Law Office of Benjamin S. Eichholz, P.C.

Re: Settling a auto claim from an rear end collision.....

Yes, you can include medical bills, lost wages and pain and suffering in your claim.

I would be happy to help you with this matter. Please contact me at 912-232-2791 to discuss.

Thanks.

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Answered on 10/14/02, 1:34 pm


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