The Importance of Legal Representation by a Georgia Personal Injury Attorney


October 28, 2013

When you are injured in a collision caused by an intoxicated, distracted or reckless driver in Georgia, there is a high probability that you will need to seek compensation from the other driver’s auto insurance company.  Although there is no legal requirement that you be represented by a Georgia car accident lawyer, the insurance adjuster is trained to protect the interest of the insurance company by paying you as little as possible.  That is why people who are injured in motor vehicle collisions typically have a very difficult time obtaining a satisfactory resolution to their case when they proceed without legal advice and representation.  Our Georgia personal injury attorneys at Montlick and Associates have provided an overview of the ways that we help clients deal effectively with the other driver’s insurance carrier when seeking full compensation.

Effective Investigation and Discovery

While there will be a law enforcement car accident report that may assign fault, insurance companies for the defendant in a personal injury lawsuit routinely claim that fault also should be assigned to the plaintiff.  The legal terminology for both parties sharing fault is “comparative negligence.”  This legal doctrine permits the amount of damages that you are entitled to receive based on the injuries and other harm you experience to be reduced in accordance with the percentage of fault assigned to you for the accident.  If the percentage of fault is high enough (50% or higher in Georgia), you will be barred from receiving any recovery.

Our experienced team, depending on the situation, may include private investigators, accident reconstruction experts, trucking industry experts and others towards our goal of building a compelling case that will maximize the value of a claim, while minimizing or reducing the fault being assigned to our client.  Our investigation may include analysis of law enforcement accident reports, review of photos and videos and examination of vehicle damage or skid marks, which is supplemented through the discovery process, should litigation be necessary, where we seek information and evidence from the other driver.

Neutralizing Insurance Industry Tactics

Many people involved in  Atlanta car crashes or Georgia car accidents confuse the role that auto insurance advertising promotes as their goal, with their actual objective.  The insurance industry has become one of the largest segments of the U.S. economy not by rushing to maximize the compensation paid on a claim but by finding ways to minimize or deny claims.  Insurance companies may attempt to get you to disclose damaging information, such as the fact you were not wearing a seat belt or even request that you provide an audio or video recorded statement.  While it might seem like these are necessary precursors to obtaining monetary recover for your injuries, the purpose of this recorded statement is to develop a legal and/or factual basis for not paying or reducing the amount of money that will be paid.  Insurance companies may also ask you to sign a release for medical or employment records so that they can evaluate your damage claim. 

However, there may be other more ominous uses for this information like discovery of preexisting medical conditions that may be blamed for your more serious or permanent injuries.  While the insurance company may be entitled to some of this information, an experienced Atlanta car accident attorney may object to overly broad request and limit the scope of information that you need to produce. 

For over 30 years the experienced attorneys at Montlick & Associates have been protecting the rights of accident victims and fighting hard to get famlies the compensation they deserve.  Our Atlanta personal injury attorneys at Montlick and Associates are available to provide effective legal representation to those throughout all of Georgia and the Southeast, including all smaller cities and rural areas in the state.  No matter where you are located our attorneys are just a phone call away, and we will even come to you.

Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.