Atlanta Personal Injury Lawyer Blog

What do you do it you are in a car wreck in Atlanta or anywhere in Georgia? As an Atlanta personal injury attorney for The Griffin Law Firm, P.C., Richard Griffin is asked this question almost every daily. How you conduct yourself at the accident scene can play a vital role in the outcome of your case.

First Step - Get Contact Information From All Witnesses: Immediately get all of the names, addresses, and telephone numbers of any witnesses at the car accident scene. Since witnesses are often busy or in a hurry, they often do not want to wait for the police to come. Therefore, your only opportunity to get the witness information is immediately after the car wreck. If you do not have a witness than many accidents become a swearing contest where each driver claims the other driver was at fault. This is especially true for lane changing cases or for car wrecks at intersections. Witnesses for these type of cases can mean the difference between all of your property damage and personal injury damages being paid by the negligent driver's car insurance, or you being stuck without an insurance company paying for your damages. Without a witness the insurance companies that represent the negligent driver will often take there insured’s word for it and deny the claim. The burden of proof is on the injured party so getting the witness contact information may make all of the difference.

Second Step - Write Down the Tag Number Of The Negligent Driver: If you are involved in a car wreck that was caused by another driver's negligence, you should immediately write down the tag number for the negligent driver, a description of the negligent driver's car, and a description of the negligent driver. This information could be very important in allowing the police to locate the owner of the negligent driver in their investigation of the accident if the negligent driver leaves the scene of the accident. Unfortunately hit and run car accidents occur quite often in Atlanta and throughout Georgia, so having this information is critical. Our personal injury attorneys at The Griffin Law Firm, P.C. are even able to use the tag information to find out which insurance company insures the vehicle that caused the accident.

Third Step - Call The Police: No matter how trust worthy or apologetic the negligent driver is always call the police. The police report will document the accident occurred and will have the officer’s opinion of who was at fault. Without it you are very vulnerable. A dishonest negligent driver could deny the collision even occurred or deny that he or she was at fault in the accident unless there is a police report. If the negligent driver denies the car wreck occurred or states he or she was not to blame for the accident, then insurance adjusters will often deny liability. Without a police report or witnesses it may be difficult to prove that you are entitled to recover for your personal injury medical bills, lost wages, pain and suffering, and property damage.

Fourth Step - Take Photographs At the Scene: I strongly recommend that you take photographs of all cars involved immediately after the collision. This can be done by using your cell phone's camera or by carrying a camera in your car at all times. These photographs preserve the evidence that could be needed to prove you were not at fault. Many times the vehicles are moved to clear the roadway so these photographs could help with officer know what happened and our firm help prove your case. These photographs also are very valuable in showing the position of the vehicles when the wreck occurred, documenting the property damage to all vehicles involved, and can be a way to capture a picture of the negligent driver and tag number. Photographs which show substantial property damage can greatly increase the value of your claim. Jurors are very motivated when they see wrecked cars which show a lot of damage. Their nature thought when they see a demolished car is “how could anyone have survived that!” This is a great weapon for our firm to use in settlement negotiations and / or if the case is tried.

Fifth Step - Calmly Tell The Policy What Happened: Make sure you keep your cool when speaking to the police officer. If you are injured, then let the police officer know it. He will typically note if you were injured in the police report. If ask for an ambulance, then the police will usually note that your were injured. If you do not want an ambulance, then unless you make it clear to the police that you were injured, but would drive yourself to the doctor, the police will usually note "no injuries" on the police report. Adjusters will often use "no injury" notes from the police report against you by arguing you must not have been injured in the car wreck since you did not tell the police officer you were injured at the scene.

If you had to move your car, then show the police officer your photographs so he can see where the cars were. If you have witness information of witnesses that did not stay, give it to the police officer.

Seveth Step - Get Medical Treatment you Need: If you are injured, then you should get medical treatment as soon as possible. Delays in seeking medical treatment are often used by adjusters to argue you were not really hurt do to a gap in treatment. The longer the gap in treatment the stronger the adjuster will argue this. If you have serious injures, then you should seek treatment at the emergency room. If you do not wish to go to the emergency room, then seek treatment from your family doctor or a medical doctor or chiropractor. If our clients need help finding a doctor, then our firm can help you find a good doctor in your area. If you have health insurance or med pay coverage, then use it. This usually means that you will net more money in your settlement. If our clients need a doctor to treat you on a lien (no payment needed until the case settles), then our firm can help arrange this as well.

SEVENTH STEP - CALL THE GRIFFIN LAW FIRM ASAP SO WE CAN ADVISE YOU AND PROTECT YOUR RIGHTS IMMEDIATELY: The most important step is to call our firm [866-847-6545 or http://www.griffinlawfirmpc.com/] as soon as possible. We can make sure your property damage issues are resolved. We can help you get the treatment you need. We can do everything possible to maximize your recovery to make sure you are fairly compensated for your past and future medical expenses, past and future lost wages, and past and future pain and suffering.

Written by Richard S. Griffin, Attorney at Law. http://www.griffinlawfirmpc.com/ or call us at 866-847-6545.

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Posted In: Auto Accidents , Car Wreck Claims , Personal Injury Claims , Truck Accident Claims , Wrongful Death Claims

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What does it take to have a worker's compensation claim that is worth more than $100,000? Typically these injured worker's have injures that are of a permanent nature that prevent them from performing any type of work that they are trained to do. These injured workers often have undergone surgeries on their necks, backs, hips, shoulders, and knees. Often these claimants never fully recover from their injuries and often require on going treatment for the foreseeable future. Some of these injuries unfortunately result in permanent injuries which negatively impact the injured worker for the rest of his life.

For non-catastrophic cases the injured claimant is only entitled to weekly income benefits for 400 weeks from the date of accident. For Catastrophic cases the injured worker is entitled to weekly income benefits for the rest of their working life.

Our firm, The Griffin Law Firm, has had the privilege of representing thousands and thousands of worker's compensation claimants over the years. This has resulted in our developing a real expertise in the field of worker's compensation. The worker's compensation attorneys at The Griffin Law Firm, P.C. have successfully negotiated many huge lump sum settlements. These worker's compensation settlements include hundreds of settlements of more than $100,000. Our worker's compensation attorneys have even recovered worker's compensation settlements of $638,000.00, $575,000.00, and $425,000.00. The settlement value of any case is always very fact specific. Therefore, injured worker's should always consult with an experienced worker's compensation attorney who specializes in worker's compensation. The factors that determine the value include how much exposure the Employer and their worker's compensation insurance company have to medical expenses, income benefits, and permanent partial disability benefits. Huge settlements do not happen by accident and usually result from the efforts of hard working and experienced attorneys.

Worker's compensation claims are time sensitive so I strongly encourage you to call us for a free worker's compensation claim evaluation as soon after your on the job accident as possible. There are deadlines for filing your WC-14 Notice of Claim with the State Board of Workers' Compensation. There are also deadlines for getting mileage reimbursed, medical bills paid of one year from the date the mileage or bill was incurred. You also must continue to treat with worker's compensation doctors or after one year your claim may be barred.

Every case is different, but our firm's commitment to providing you the best legal representation never changes. Call The Griffin Law Firm, P.C. at 866-847-6545 for a free consultation or for a free settlement evaluation. Do not go it alone. Call us for help today.

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Posted In: Worker's Compensation Claims

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I receive calls every day from people who have been seriously injured while working on the job. It is important to understand that not every on the job accident in Georgia results in a compensable worker's compensation claim.

To have a valid worker's compensation claim in Georgia the injured worker must have an "injury by accident which arises out of and in the course of his or her employment" per the Worker's Compensation Act of Georgia. The "injury by accident" requirement requires that the injury be due to an accident and not due to the horse play of the employee or due to a personal assault that is due to personal reasons.

The on the job accident must also be "arising out of" the employment which means that the accident occurred while the client was performing his job duties or doing something which benefits the employer.

The on the job accident must also be "in the course of" which usually means that the accident occurred during the work day or while the employee was on the clock. There are many exceptions to this which include accidents which occur while an employee is entering or leaving the work place, traveling salesman, etc.

There is also a requirement that the injured worker be an employee and not an independent contractor. A worker is usually an employee if:
(1) the worker receives a W-2 (payroll taxes are withheld);
(2) the worker has set hours;
(3) there is an contract of employment;
(4) the worker has worked for the same employer for a long time;
(5) the worker does not work for anyone else;
(6) the worker is usually paid by the hour and not by the job;
(7) the employer controls the time, means, and manner of the employment.

The worker is usually an independent contractor when:
(1) the worker receives a 1099 tax for where payroll taxes were not withheld;
(2) the worker uses his own equipment or tools;
(3) the worker has a specific trade or skill;
(4) the worker works for many different companies;
(5) the worker has employees or assistants of his own;
(6) the worker is paid per project rather than by the hour.
(7) the worker sets their own schedule and controls when, where and how the job is performed.

There is also a requirement that the employer have at least three employees for worker's compensation to cover the claim.

The only way to know for sure if you have a compensable worker's compensation claim is to call an attorney who specializes in worker's compensation. We strongly recommend that you contact our firm, The Griffin Law Firm, P.C. at 866-847-6545 for a free consultation. If we accept your case, then we will fight to make sure your rights are protected. Having our representation can make all of the difference in making sure you get all of the medical treatment you need. We will also make sure you are paid the income benefits you are entitled to for your lost wages and your permanent partial disability benefits for any permanent loss of use of your body. The most important benefit in hiring us is that we will fight for a worker's compensation settlement that will fully compensate you for your worker's compensation injuries.

Richard Griffin, Attorney [866-847-6545]
The Griffin Law Firm, P.C. [http://griffinlawfirmpc.com]

Posted by Richard S. Griffin | Permalink | Email This Post

Posted In: Worker's Compensation Claims

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