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Lawyers in the House with Montlick - Your Legal Podcast
077 Montlick’s FAQs

077 Montlick’s FAQs

Lawyers in the House with Montlick

Attorneys in Podcast: Richard Warner, Esq.| Paula Molano, Esq.

Montlick Injury Attorneys Richard Warner and Paula Molano delve into the FAQ’s they most frequently get asked – everything from what are the first things you want to do after a car accident, when to seek medical care, statute of limitations, workers’ compensation claims and how to get medical bills paid.

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The purpose of this show is to provide general information about the law. Our guests will not provide any individualized legal advice. If you have a personal situation and need legal advice, contact us for your free legal consultation with a Montlick attorney.

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00:04	ANNOUNCER: Welcome to Lawyers in the House with Montlick. Wish you had a lawyer in the family? Now you do. Here’s your host, Veronica Waters. VERONICA: Welcome to the house. Lawyers in the House with Montlick on WSB. I’m your girl, Veronica Waters. Happy to have you back in here with me for another fabulous episode of Lawyers in the House.
00:30	VERONICA: I have got to say that I have this reputation among my friends and family as being somebody who is always sent every urban legend, every email that’s a chain, every question where people want to know what’s really at the bottom of something because I have sort of a reputation for being a person who is really good at research. And it’s not just because I’ve spent so much of my life as a journalist. I think I just have this natural curiosity to learn about things.
00:59	VERONICA: And that’s even when I’m shopping for a product or a service or anything. And I want to know the how and the why and everything that goes into it. And that often leads me to a little section on the internet, if it’s about something I’m buying, that’s called the FAQs, the frequently asked questions, the things that everybody wants to know about whatever that subject is. Those are the things that I have to research if I want to help other people answer questions. And so today we’re kind of doing that on the show here.
01:27	VERONICA: We’ve got an FAQ show especially for you. What are the most frequently asked questions of Montlick Injury Attorneys? We’re going to delve into them, but first we’re going to do some introductions. Our first guest is no stranger to the House. Richard Warner has been on the show with us before. Welcome back to the House, Richard. RICHARD: Veronica, thank you. It’s an honor and a privilege to be with you again. VERONICA: It is so wonderful to have you back.
01:53	VERONICA: I thought we had a really good show talking about all things medical payments and you know how people can sort of navigate through those tough and enormous legal bills that happen when they’ve had serious injuries. RICHARD: Indeed. VERONICA: Yeah. So, tell me a little bit about your legal career, Richard. I know you went to law school at Cardozo, right in New York. RICHARD: Yes. VERONICA: And you became an attorney. When? RICHARD: I became an attorney in 2000. I moved to Georgia in 2001, and I joined the firm in 2001 as well.
02:26	RICHARD: And I’ve been with Montlick Injury Attorneys ever since helping injured people. VERONICA: That’s incredible. That’s incredible. Did you always know that personal injury law was going to be where you would find your home? RICHARD: Well, I knew I’d find my home helping people. And that’s what we do at Montlick every day, is help injured people. VERONICA: Yeah. What is the moment, if you can recall, where you knew you were doing the right thing, where you knew this is what I’m supposed to do?
02:58	RICHARD: Well, I had been in a car accident myself. VERONICA: Wow. RICHARD: And I did hire an attorney at the time, and I was not an attorney yet. And it was important for me to have an attorney to guide me through the process, to make sure I saw the right doctors and got the right treatment. And so, after that, I had a new view of what I wanted to do, and here I am. VERONICA: What were you doing at the time? RICHARD: Well, I have a background as a certified public accountant. But when I was in school, I wanted to be an attorney.
03:28	RICHARD: And one of the teachers in high school suggested to major in something other than the pre-law discipline, so you have more to fall back on throughout your career. So, I started as a business major, got into accounting, worked for accounting firms for about 10 years before I got called to jury duty. And I ended up being the foreman on her case. And after that, that motivated me to go to law.
03:54	RICHARD: Initially, I thought I was going to do a criminal law, but you could help people in more direct ways doing personal injury. VERONICA: Did you think that you might end up on the prosecution or the defense side? RICHARD: Defense. VERONICA: Yeah, yeah, okay. Everyone deserves a day in court. RICHARD: Yes. VERONICA: Everybody needs to be heard, right? RICHARD: Absolutely. VERONICA: I love that. And now you’re protecting people’s rights in a different way. RICHARD: Yes, people who were injured due to no fault of their own. VERONICA: Yeah. And it’s got to be so satisfying.
04:22	VERONICA: Very different from just dealing with numbers all day. RICHARD: Absolutely. VERONICA: Like you did in your first career. RICHARD: Yes. Well, there’s still numbers here because we do want to get medical bills paid and money for our clients for their pain and suffering. VERONICA: Yeah, there are some numbers, big numbers. I know you guys have had some amazing success. And sitting to Richard’s left today is someone who is new to Lawyers in the House, but she’s not a new attorney. She’s been at it for years herself. Her name is Paula Molano. Thank you so much for being in the House, Paula. PAULA: Thank you so much for having me, Veronica. I’m so excited to be here.
04:52	VERONICA: It is wonderful to have you here. And I hear an accent in your voice. A little birdie tells me that you are from Bogota, Colombia. PAULA: Yes, I’m Colombian. That’s right. Yes. VERONICA: So how many languages do you speak? PAULA: I speak two languages. Spanish is my first language. VERONICA: Is it? Okay. So tell me a little bit about your journey. Now, were you an attorney when you were in Colombia as well? PAULA: No. So I came to the United States when I was 16. And then I went to college here. I majored in international business and management. And then I went to law school in Florida. VERONICA: Okay. What was your school?
05:22	PAULA: Florida Coastal School of Law in Jacksonville. VERONICA: Okay. And you found yourself in Georgia. How did that happen? PAULA: Through some family members. My mom wanted me to come here and practice English. And we were not expecting that I would stay here. I was supposed to go back to Colombia and do law school there. But life wanted me here. So, I just pursued my career here. And as an immigrant myself, after law school, I started my career as an immigration lawyer. VERONICA: And when did you become an attorney? PAULA: In 2014. VERONICA: 2014.
05:51	VERONICA: And so, you launched, I was going to ask you about that. You had sort of, I mean, still a legal career, but a totally different field. PAULA: Absolutely. Immigration law is very different from what I do now, which is workers’ compensation. But the heart of both of those is helping people, right? And I grew up with parents who were in the military. So, I didn’t just hear about serving others. I saw it in my daily life. And I saw the heart that it takes, the passion, the sacrifices, the laughter, the tears, all that it takes to help someone.
06:22	PAULA: And I think that it’s something that was ingrained in me. So, I knew I wanted to do a change in my career, but I still wanted to help people. VERONICA: Did you think about joining the Army like your parents? PAULA: I did, but it was not an option. They would not allow me to do that because I’m an only child. So, they didn’t want their only child to join the Colombian Army. It was very difficult times when they both where my dad was a colonel and my mom was a captain, and it was a very difficult times for them. VERONICA: Yeah.
06:48	VERONICA: But you knew I want to say that there was something about all of those experiences that made you realize you sort of have a servant’s heart. PAULA: Yes, absolutely. You know And I think in every family, we sort of go through things that lead us to decide what we want to do with our lives and how we want to overcome certain challenges. And my parents went through some things that you know thankfully we came out on the positive side of things because they had amazing help and they had the opportunity to afford, you know, a lawyer.
07:22	PAULA: Right. And I think that that’s part of in my heart was like, well, what about those who cannot afford a lawyer? What about those who don’t know what lawyer to go to? What about those who don’t know what a lawsuit means or a claim or a settlement? So, I think it’s important too, and we’ll talk about that more, but just to have someone that you can trust and rely for even the simplest of questions. VERONICA: I love that. VERONICA: Thank you so much to Paula Molano and Richard Warner for giving us a glimpse into your lives.
07:52	VERONICA: Pre Montlick Injury Attorneys. This is Lawyers in the House with Montlick on WSB. I’m Veronica Waters here. We’re talking about your most frequently asked questions. Now, I have I have to say, we did a show one time about maybe the first question that people have when they come into a firm with an injury, which is how much is my case worth? Right? But that’s not something that gets answered right away. RICHARD: No, most attorneys would do their clients a disservice if they start talking the bottom line right away.
08:25	RICHARD: I mean, ultimately, as I’ve said before, you cannot put a price tag on your health. So, our initial focus is getting a client into the proper treatment so they can feel better sooner than just doing nothing or just taking pain medication. We do fight for every dollar, and we want our clients to be satisfied at the end of the process. But I think it’s inappropriate to talk numbers in advance. VERONICA: Oh, yeah. I saw a commercial where somebody was saying, hey, call us now. We’ll tell you what your case might be worth.
08:55	VERONICA: And I’m like, how could you possibly do that? You can’t do that. Just I mean, right off the bat. But people, again, are thinking there’s some misconception that if you get hurt, you got a huge dollar sign coming at you. But remember, those big, big judgments usually mean someone is seriously hurt if not killed. RICHARD: Yes. As I mentioned before, I’ve been with the firm for 22 years.
09:22	RICHARD: I’ve handled thousands of cases, I’ve had some big cases, and just about every client would give back every penny not to be hurt in the first place. VERONICA: Yeah. So, let’s talk about what might be considered, I don’t know, personal injury attorney’s bread and butter. Car accidents are probably the most common thing you see. Is that right? RICHARD: Yes. Particularly in some states like Georgia. VERONICA: Yeah. Yeah, we’re sitting here in Georgia, but you guys handle cases all over the country, which is also very cool.
09:52	VERONICA: Tell me a little bit about what that process should be like. People want to know what to do after a car accident. RICHARD: One of the first things that you want to do is call the police and get the police to the scene. That is important. And then after that, you want to call an attorney like Monltick, so you can find out what your rights are, and also, very importantly, to protect your interest. If you say the wrong thing at the wrong time, it could absolutely sink your case.
10:22	VERONICA: Wow. So, you have to be careful about what you’re saying to the police even on the scene, people at the hospital. RICHARD: Yes, but more so to the insurance adjusters who may try and contact you to get information from you as part of their investigation. So, there are signs up for speed limits, for example, and let’s say the speed limit is 35 and the adjuster calls you and they ask you how fast you are going. Well, it turns out sometimes when you’re traveling in the flow of traffic, you’re not going as fast as you think you are.
10:53	RICHARD: So, if it’s a 35 mile per hour zone and they ask you and you’re trying to be honest and you say, well, gee, I was doing 35 40, well that’s an immediate problem because if you’re technically driving above the speed limit, you could be held to be negligent per se. You’re traveling too fast with conditions and now they’re saying, well, gee, you contributed to the accident. It may be 50/50. And in some jurisdictions, like Georgia, if you’re deemed 50% or more responsible, then you cannot recover from the other side oftentimes.
11:24	VERONICA: Wow. Or whatever your recovery is is going to be reduced. RICHARD: Yes, or it could be reduced. So it’s important to call us so we can talk to you before you talk to the insurance company. VERONICA: Yeah, no recorded statements without your attorney, folks, right? RICHARD: Correct. VERONICA: Yes. So Paula, I think what I should ask you is the question, what do I do after a work accident? PAULA: Yes, absolutely. And I think what Richard was talking about is great and it applies. It’s important to know you know what happened, right? And when do I have to report this? How do I have to report?
11:54	PAULA: And now it is important to keep in mind that the law in every state is different, right, for personal injury and for workers’ compensation. But generally, once you get hurt at work, it’s very important to report the injury to your employer, right? And even companies have different procedures of how to report the injury, right? So, for some companies, you can’t just report it to your coworker. You have to go to a supervisor or your manager, right? So, it is important to report it.
12:22	PAULA: It is important to seek medical care as soon as possible, right? And I do encourage people to keep track of what happened, right? And the date of accident, you would be surprised how many people I talked to who cannot recall the date of the accident because it can be very traumatic and there’s a lot going on, right? It’s physical and it’s emotional. So, it is important to keep in mind the date and what body parts, what is hurting, right? And that changes over time.
12:48	PAULA: So, I think it’s important to be conscious of from the date of the accident until the next day is what is happening with your body. VERONICA: Now, if I have a work accident, I don’t have to navigate to calling my insurance company, right? That’s not how that works. PAULA: We encourage you to call an attorney. VERONICA: Call an attorney? Okay. PAULA: Yes, call it because there are different time limits where to report the incident, to file a claim with the state of workers’ compensation. So, you do need someone to guide you in that process.
13:17	PAULA: The insurance in a worker’s compensation case is going to be the insurance that the employer has for workers’ compensation. VERONICA: All right, thank you so much. So, we are starting off with answering your most frequently asked questions to Montlick Injury Attorneys. Coming up next on Lawyers in the House, more FAQs. Stay with us. ANNOUNCER: You’re listening to our podcast, Lawyers in the House with Montlick. Join us 8:00 a.m.
13:44	ANNOUNCER: every Sunday if you want to listen live on 95.5 WSB. VERONICA: Welcome back to the House. This is Lawyers in the House with Montlick on WSB. I’m Veronica Waters here with Montlick Injury Attorneys Paula Molano and Richard Warner. We are talking about your most frequently asked questions to Montlick Injury Attorneys. So far, we’ve learned that after a car or a work accident, the first thing you do is alert somebody. Call the police or your work supervisor and let them know what’s happening. You want to get your medical treatment.
14:13	VERONICA: If it’s a car accident or a work accident, might want to call to see if you have a case. So that means you want to contact a lawyer. And remember not to make any recorded statements to your insurance company without your lawyer present. Quick question, you two. Paula Richard, how long do I have to file a claim? RICHARD: Well, the statute of limitations varies by states, and that’s the time in which you have to resolve a claim before filing a lawsuit, or you lose your claim forever. For example, in Georgia, it’s two years.
14:43	RICHARD: However, there can be shorter deadlines if the accident involves a governmental entity. In Georgia, there’s something called an anti-litim notice that you have to give, depending upon whether it’s a municipality, the county, or the state. So, it’s important to call an attorney and find out. And also, very importantly, your own insurance policy could have a certain deadline for you to contact them in order to be eligible for any benefits that you have on your policy as well. VERONICA: Wow, that’s incredible.
15:12	VERONICA: Okay, so we were earlier talking about car accidents and stuff, but you guys, what about if I’m a rideshare driver or a rideshare passenger? PAULA: That is such a great question, Veronica. In Georgia, generally, Uber drivers, Lyft drivers are considered independent contractors. And in Georgia, generally, independent contractors are not covered by workers’ compensation. So that’s when it’s important to talk to an attorney because even though workers’ compensation may not apply, you may have a personal injury case.
15:43	RICHARD: Yes, if you’re an Uber driver and the accident is not your fault, we can help you get compensation from the at-fault driver. If you’re a rideshare, I should say, a passenger, we can help you, whether it’s the rideshare driver that’s at fault or another defendant. VERONICA: All right, so we earlier mentioned how big some of these numbers can get when you’re talking about personal injury claims, workers’ compensation claims. Does that mean that all my bills will be paid?
16:13	VERONICA: I know a lot of people want to know, is this verdict or this settlement going to cover all of my medical bills? RICHARD: Well, that’s the objective is to get your medical bills paid. Now, there are limits of insurance. So, it is important when you have other areas of collateral support, so they say, health insurance and medical payments coverage. But in most cases, the insurance policy, we can negotiate down bills so all your bills get paid even when your bills exceed the policy limit.
16:47	VERONICA: What about workers’ comp injuries, Paula? PAULA: Yes, in workers’ composition, it depends. And I know that lawyers usually say it depends, but it really depends. So, if you have an accepted workers’ compensation claim, meaning that the employer and the insurance are picking up the claim, they will pay for authorized medical care, right? And they have a list of providers that you have to use to treat. It’s called a panel of physicians. So, you have to treat those. Those are paid. If you have a denied claim, then that’s when we have to come in and fight for those bills to be paid.
17:16	PAULA: If you have, if the insurance is not picking up the claim. VERONICA: And how valuable to have an attorney who knows both personal injury and workers compensation. Coming up, more of your most frequently asked questions to Montlick Injury Attorneys that’s straight ahead on Lawyers in the House with Montlick on WSB. ANNOUNCER: You’re listening to our podcast, Lawyers in the House with Montlick. Join us 8:00 a.m. every Sunday on 95.5 WSB. VERONICA: You are back in the house.
17:45	VERONICA: This is Lawyers in the House with Montlick on WSB. I’m your girl, Veronica Waters, hosting Montlick Injury Attorneys Richard Warner and Paula Molano, and they have been answering your most frequently asked questions. Do you know what’s the first thing that you should do when you’ve been in a car accident? What about the most important thing you can do if you’ve had an injury on the job? Will your settlement cover all of your medical bills? If you missed the answers to any of these or those great questions that we covered in the first half of the show, we got you.
18:16	VERONICA: Just subscribe to the Lawyers in the House podcast on your favorite podcast platform. You can always check us out on YouTube, see our smiling faces as we answer your questions. And you can find us every day of the week on every social media platform at Montlick Law. We can’t wait to see you there. Talking about FAQs, Richard and Paula, everybody has a lot of these common questions that you hear over and over and over. And that’s what we want to tackle today.
18:43	VERONICA: We’ve talked a little bit about the first steps of Worker’s Comp and then in car accidents and any kind of personal injuries, slips and falls, and how those cases get navigated with the help of an attorney. We didn’t talk about property damage, which I think was so interesting in car crashes, for example. I did ask you whether or not the money would cover my medical bills. What about property I’ve lost? RICHARD: Yes. Well, in many states, when you get into an accident, there are two separate claims.
19:15	RICHARD: One claim for property damage and one claim for your bodily injuries. So typically, you can resolve your property damage claim and keep your bodily injury claim open to receive ongoing medical treatment. VERONICA: Is there some trick to that though? RICHARD: There can be a trick. You have to be very careful when signing a property damage release that you’re just releasing the property damage claim and not releasing all claims because that would include the bodily injury claim which would end up with you not receiving compensation for your injuries if you already signed away your claim.
19:49	RICHARD: So that’s why it’s important to call an attorney so we can protect your interest. VERONICA: Yeah, you got to be careful what you sign. Paula, you mentioned this early on in the show, and I want to give the spotlight to you now to talk about some of those common legal terms that people have questions about, a settlement, a lawsuit, a claim. What do all these things mean? PAULA: Yes, absolutely. So, a lawsuit, basically, it’s a claim that is brought before the court, right?
20:15	PAULA: But we also refer to a claim as putting in workers’ compensation specifically as the notice that we give the Board of Workers’ Compensations, the insurance and the employer that we are representing you in your injury that happened at work. Now, a settlement is basically what resolves the case or the claim, right? So, a settlement is basically an agreement between the two parties that resolves the dispute. So, in a settlement, it’s actually a document, right?
20:44	PAULA: It’s an agreement signed by both parties, and you’ll have all the stipulations, and you’ll even say some of the things that we don’t agree in, because for a judge to be able to review the settlement, there has to be a dispute. But through the settlement, we’re basically resolving your case. And we also commonly refer to a settlement as basically the amount of money that you are getting for your injuries. VERONICA: All right. I felt like you were going to say something with you. RICHARD: Yes, there are certain cases where you could have both a worker’s comp claim and a personal injury claim.
21:13	RICHARD: So if you’re doing something for the benefit of your employer and someone who is not a fellow employee injures you, we could go after that person or that company. It’s called a third-party claim. VERONICA: Yeah, and how common are those? RICHARD: Surprisingly, it is relatively frequent. VERONICA: Talking about property damage, can I sue for property damage if I was not injured? RICHARD: Yes, you can. Again, in many states, there are two separate claims, one claim for property damage, one claim for bodily injuries.
21:43	RICHARD: So yes, if you cannot reach agreement with the at-fault person or the at-fault insurance company, there is a right to take that to court. VERONICA: Let’s talk about those injuries and getting those bills paid. What is medical payments coverage? RICHARD: Medical payments coverage is something that’s on your own policy that you pay extra for. It can be called med pay for short. In some jurisdictions, it’s called personal injury protection, PIP. And that covers bills regardless of who’s at fault for everyone in your car up to the limit that you select.
22:17	RICHARD: And that pays your bills. Again, to the extent that you have that coverage, dollar for dollar. So, we still go after the at-fault party to pay your bills, and this is legal in Georgia, so we can maximize your recovery. VERONICA: And PIP, is that in every state? RICHARD: Not every state. Again, some states call it differently. In Georgia, for example, it’s called medical payments coverage. We call it med pay for short. In other states, it’s called personal injury protection. But it does the same thing. It pays your bills through your own policy.
22:47	VERONICA: All right. Now, a lot of times you don’t have any say so depending on how badly you were heard about what hospital you’re getting taken to if the ambulance is carding you away. We’ve actually had stuff on the show about somebody who was taken to a hospital out of network through no fault of her own. And we talked with Ellen Forrester about how she fought really hard for that client. But when you are hurt on the job, do I get to choose the doctor I go to, Paula? PAULA: So generally, you don’t.
23:16	PAULA: So, your employer should have a list of doctors. It’s called a panel of physician, and it should be posted in a visible place. So, your treatment is going to be within those doctors. Now, there are exceptions to that. If that list of doctors is not current or if it’s missing a doctor, there are certain legal requirements that vary by state. But that’s why it’s so important to have the right attorneys, because we evaluate the panel. If it’s not valid, then we get a chance to choose our own doctor.
23:45	PAULA: But it’s really going to depend on what it’s available in that panel. And if it’s not, if it’s not valid, then we choose a doctor for you. VERONICA: Can I file a personal injury claim or a worker’s compensation case without an attorney? RICHARD: Technically, you can, but we would strongly advise against that. There are so many pitfalls that you can fall into and undermine your case. In many instances, as attorneys, we add value to your case. VERONICA: Yeah. What about you? What about for Workers’ Comp Paula?
24:15	PAULA: What I see happen often in workers’ compensation is some people will start the claim by themselves, right? And we’ll see how the insurance tries to cut their treatment short. And you’re not going to recover fully if that’s happening. So, it’s important to have the right attorneys. And here at a Montlick Injury Attorneys, we do help you not just get the most. Obviously, we do that for you, but we also want you to heal you know and have all your bodily injuries be compensated as well.
24:45	VERONICA: Can you talk to me about damages? What does that mean? And how do you define that? And how do you navigate that in the case? RICHARD: Well, in personal injury, damages can be both medical expenses and lost wages if you cannot work because of your injuries. And the doctor gives you a note not to work. VERONICA: Okay. Talk to me about something I’ve heard called loss of consortium. What does that mean?
25:11	RICHARD: That applies to married couples, to the extent that your spouse cannot do what they did before. And for example, you have to pick up the slack. So, you’re in effect sharing some of the injury because you’re doing what you would not have had to do otherwise. VERONICA: All right. Now, here’s a big one. Another frequently asked question that you guys get a lot. How long is this going to last? How long is this going to take? When can we get this thing done? PAULA: The answer is going to be it depends, right?
25:42	VERONICA: Let’s all say it together. It depends. PAULA: So, it depends on how long is it going to take for you to recover, right? How long is the insurance company in the workers’ composition setting? How long does it take for them to approve your treatment? How long is it going to take for them to approve surgery, medications, physical therapy, how are you responding to that treatment? Do we need to do a change of doctors? So, it’s really going to depend mostly on the person’s recovery. That’s why each case is so unique. VERONICA: And I was going to ask you too about the doctor thing.
26:13	VERONICA: You talked about the panel of physicians that is supposed to be posted in everybody’s job site where you can see it when you come in the door. What if you’re not comfortable or getting what you consider good treatment from the first doctor you go to? Can you switch? PAULA: Yes. So, you do have a one-time change of doctor within that panel if the panel is valid. So you can see another doctor. And there’s also instances where we can get something known as an independent medical evaluation. And there’s a process for that.
26:41	PAULA: So that’s why it’s so important to consult with an attorney, because we have these different legal strategies. And there are also ways to help you recover from your bodily injuries. VERONICA: Yeah, make sure you’ve got a trustworthy physician, not trying to rush you back into work, you know, and saying, oh, they’re fine. And you’re still in agonizing pain. Don’t let that happen to you people. You mentioned something earlier about insurance. Both of you have talked about how it can be navigating that. What about uninsured motorist coverage? Do I need to absolutely know?
27:12	RICHARD: You absolutely need to have uninsured motorist coverage. Now, we only help injured people. We do not work for insurance companies. So, our suggestions are for your benefit. And uninsured motorist coverage, for example, in Georgia, it works two ways. It’s still called uninsured motorist coverage. If the other party does not have insurance whatsoever, that’s uninsured motorist claim. And also, if they have coverage, but not enough to pay all your bills, then they’re deemed to be underinsured.
27:44	RICHARD: But it’s still called uninsured motors coverage in Georgia. VERONICA: This is something that I pay for on my own insurance policy, but it’s to protect me. It’s not protecting the uninsured motorist. RICHARD: No, no, it’s not. And when your insurance company pays an uninsured motorist claim in Georgia, for example, they have the right to go after the defendants to get their money reimbursed. VERONICA: Can I have more than one personal injury claim from a single accident? RICHARD: Yes, you can.
28:13	RICHARD: If more than one person contributed to your injuries, you have a claim against each person who injured you. There are also cases where we go after an entity that may not have fixed the car correctly, a mechanic, a dealership, and they contributed to the accident by not doing their job to maintain that vehicle. VERONICA: What about workers’ comp on the worker’s comp side, Paula? Can you have like more than one injury, so to speak, from one worker’s comp accident?
28:43	PAULA: You can have different body parts that are hurt, but they generally would go under the same claim. But if you had an accident and then the injury was aggravated, then it sort of relates to the same claim. Like on a different date, if it got aggravated because I went back to my duties or doing something else. Correct. Yes. VERONICA: Wow. All right. Talking about these FAQs, this is not really an FAQ. It’s a VQ. It’s a Veronica question. I’ve heard about something called third-party claims one of you guys mentioned. What exactly is that? RICHARD: To elaborate more, a third-party claim is when you’re the first party, you were injured.
29:15	RICHARD: The second party is your employer who’s going to cover your bills through the workers’ compensation coverage. The third party is the person who actually caused your injuries. In the car accident, they crashed into you. In the slip and fall context, they may have mopped the floor and didn’t put up a wet floor sign. So you slipped, fell, and got injured. In the workers’ compensation setting, it could look like you’re working for an employer, for your employer, but the job is being done at the premises of another company.
29:47	That would be an example of a third party. All right. If I did something at work and it was maybe my quote unquote fault and I got hurt on the job, do I still have a worker’s compensation case? PAULA: Yes, you still may have a workers’ compensation claim. In workers’ compensation, we don’t focus on negligence or fault. If the accident happened at work and within the scope of your employment and it arose out of the duties that you perform, then we don’t focus on whose negligence or fault it is, whether it’s yours or your employers.
30:16	VERONICA: Is that the same in every state? PAULA: It can vary definitely in every state. That’s why it’s so important that you consult with us. And we are a national law firm, so we’ll be able to guide you depending on the state where you are. VERONICA: This might be a little bit of a trick question for both of you. What’s the most common type of personal injury, most common type of workers’ compensation injury you see? RICHARD: Well, in the Atlanta area that we are in, we see a lot of rear-end collisions. People are not paying attention, they’re following too closely, and they crash into you.
30:49	VERONICA: What about on the job, Paula? PAULA: Surprisingly, the most common I see is people who slip and fall at work, right? So you’re going to the bathroom, and there’s water on the floor, and you didn’t see it, and you fell. Those back injuries are bad. VERONICA: Yes. All right. Talking to Paula Molano and Richard Warner, Montlick Injury Attorneys about your FAQs coming up, the MCA. Don’t you miss it? ANNOUNCER: You’re listening to our podcast, Lawyers in the House with Montlick.
31:20	VERONICA: If you want to listen to our radio show live, you can hear it every Sunday, 8:00 a.m. on 95.5 WSB. Welcome back to this supercharged episode of Lawyers in the House with Montlick on WSB. We are learning so much because we’re talking about your frequently asked questions to Montlick Injury Attorneys. What are your FAQs? Well, we are letting you get the answers today. We’ve got so many things under our belts already, but I’ve got more questions for you.
31:49	VERONICA: I think one of my biggest questions was because you guys keep mentioning how you handle cases in other states. If I am injured in a state I don’t live in, I can still have a case? RICHARD: Absolutely. Give us a call at Montlick Injury Attorneys and we will guide you through the process step by step. VERONICA: Does it matter what state my lawyer is in, though? PAULA: So, your lawyer should be licensed to practice in the state where jurisdiction applies for your case. So generally, in workers’ compensation, it’s going to be the state where the accident occurred.
32:22	VERONICA: What if I want a lawyer who’s not licensed in that state? RICHARD: You could still hire a firm like Montlick, and we can associate lawyers in other states on an as-needed basis. VERONICA: So I don’t have to give up my dream of being represented by Montlick Injury Attorneys just because there might not be a lawyer who is licensed in Alaska, for example. PAULA: No, we are a nationwide firm, so we can definitely assist you.
32:50	PAULA: And we do have lawyers that are licensed in several states. VERONICA: Now, I’ve heard a little bit about how things can go wrong during medical treatment. If I have other injuries or something goes wrong with my treatment after I’ve been getting you know treated by a doctor for a while, or I had a surgery or something, does that give rise to another case? Is that medical malpractice? Do I have another case there? RICHARD: Well, that would be very unfortunate. And we would hope that those instances are at a minimum. But unfortunately, life does get in the way.
33:21	RICHARD: And sometimes doctors do make injuries worse or cause additional pain. When that happens, it’s important to talk to us so we can guide you through what’s going to be a very delicate process. VERONICA: Does that kind of thing happen in a worker’s comp claim too? It could be anything, huh? PAULA: Unfortunately, it does happen. So, if that does happen, that would be considered a third-party claim. And that’s when I would refer you to my colleagues who handle personal injury.
33:49	VERONICA: Does that apply if a surgery or a procedure was simply unsuccessful, if it didn’t work like they expected it to? RICHARD: Well, that typically doesn’t give rise to medical malpractice. The doctor has to do something wrong or fail to do something that’s required to really have a medical malpractice case. There are certain surgeries where there’s not very few surgeries can they say is going to be 100% success rate. So, when things go wrong, that does not necessarily lead to malpractice.
34:19	RICHARD: It can, but it’s not automatic. VERONICA: All right. So, you’ve been waiting for it all hour long. The Montlick closing argument is here. Paula and Richard, take it away. PAULA: You must hire the right attorney from the start. RICHARD: And from the start, we mean the very beginning. No matter what day your accident takes place, you can call Montlick Injury Attorneys and speak with a real live attorney. Whether it is on a Saturday, a Sunday, or a holiday, we have attorneys working. Call us.
34:48	RICHARD: We will help you. VEORNICA: Thank you so much to Richard Warner and Paula Molano, Montlick Injury Attorneys, so happy to have you in the house with us today. Dr. Seuss once said, sometimes the questions are complicated and the answers are simple, but they’re not always so simple. And if they’re complicated, you want to get your questions answered by somebody who knows what they’re talking about. Thanks for joining us here on Lawyers in the House with Montlick on WSB. I’m Veronica Waters. We will see you next time. ANNOUNCER: You’re listening to our podcast, Lawyers in the House with Montlick.
35:20	ANNOUNCER: Catch us live every Sunday, 8:00 a.m. on 95.5 WSB.

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