Common Mistakes That Damage a Personal Injury Claim in Georgia


July 29, 2017

Our Personal Injury Lawyers in Georgia Discuss a Few Common Mistakes That Could Damage Your Case

Many people who suffer incapacitating injuries or lose a loved one to a drunk driver, foreseeable and preventable act of violence or an exhausted big-rig driver do not receive the recovery they should because they make mistakes that damage their personal injury or wrongful death claim. While it may seem reasonable to see how the other party’s insurance company will proceed in handling your claim, insurance companies are not in the business of expediting the full value of an insurance claim to injury victims. Further, most insurance companies are staffed with a knowledgeable and experienced team of attorneys, experts, adjusters and others with the objective of reducing the amount paid to injury victims.

Even the most savvy injury victim will generally be at a distinct disadvantage when faced with the resources, experience and knowledge of a negligent party’s insurance defense team. The most effective approach to safeguarding an injury claim is to seek immediate legal advice. The actions and inactions taken by a personal injury victim in the aftermath of a collision can significantly impact the outlook of a serious injury claim. Critical mistakes can lead to a diminished recovery or no recovery at all when a party has compelling evidence on the issues of fault, causation and damages. We have provided an overview of some of these mistakes that can be avoided by seeking prompt legal advice and representation from a dedicated personal injury attorney at Montlick & Associates.

Failure to Gather or Preserve Proof: Even when the other party is at fault, it is important to keep in mind that recovery hinges on your ability to prove through admissible evidence the fault of the other party. When accident victims postpone obtaining legal representation, vital evidence may disappear or be damaged. Our Fulton County personal injury law firm often works with private investigators and experts to gather evidence and build an effective position for settlement talks and trial when necessary.

Comparative Negligence and Assumption of the Risk: Plaintiffs in personal injury cases have a legal obligation to exercise reasonable care for their own safety to avoid foreseeable injury. When an injury victim fails to act reasonably for his or her own safety, the result can be a substantial reduction in the damages received or no recovery at all if the plaintiff is fifty percent or more at-fault. There also are certain types of extremely and obviously dangerous activities for which recovery is not allowed when a person engages in such activities despite knowledge of the risk. These are common defenses asserted by insurance companies in personal injury and wrongful death cases, but an experienced Georgia personal injury lawyer will have the knowledge to anticipate such defenses.

Failure to Secure Experts (When necessary): While experts are not necessarily involved in every personal injury claim in Georgia, there are a few circumstances where retaining an expert can make a significant difference in the outcome of a personal injury case. There are many different types of experts that may be used to address specific issues. Common examples include the following:

  • Medical experts on the nature and extent of the plaintiff’s injuries
  • Accident reconstruction experts to explain how an accident occurred
  • Industry experts to explain established industry norms, customs and practices
  • Vocational counselors to evaluate the debilitating long-term impact of an individual’s injuries

If you have been injured by the negligent, reckless or intentional misconduct of another individual or business, contact our attorneys for a free consultation as to your legal rights and options.  Our personal injury attorneys in Georgia at Montlick and Associates provide effective legal representation to injured victims and there families throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and 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.

Source: Montlick.com

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333

Open: 24 hours, 7 Days a Week

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.