Georgia Personal Injury Blog
Is It Necessary to Report a Minor Car Accident?
Most car accidents are relatively minor. A fender bender resulting in no injuries and no major damage makes drivers wonder whether or not they should even report the accident. The answer simply depends on the situation. The accident’s severity and how well the parties communicate makes a big difference. After the exchange of insurance and contact information between drivers, they decide if they want to involve law enforcement. Law enforcement need not always become involved in a minor accident. State law requires filing accident reports only in certain circumstances, such as when the accident results in death, injury, or over…
How Is Pain and Suffering Calculated?
Personal injury pain and suffering settlements vary greatly in Georgia, because no monetary cap exists on damages. Each state has its own rules establishing maximum damages for accident victims. The law in Georgia on pain and suffering (OCGA 9-10-184) states: “In the trial of a civil action for personal injuries, counsel shall be allowed to argue the worth or monetary value of pain and suffering to the jury; provided, however, that any such argument shall conform to the evidence or reasonable deductions from the evidence in the case.” This statute covers a broad range. It allows juries to determine damages…
What It Means When a Hospital Files a Lien in Your Injury Case
The claimant in a personal injury first seeks medical treatment. Let us assume they do not have health insurance. Next thing he or she knows, a notice of intent to file a hospital lien arrives in the mailbox. This letter has a local attorney’s signature. The return address reads as a big law office or a huge collections company. Most People Find This Stressful, Especially on Top of Their Recent Injury This is standard procedure for most every hospital in Georgia. The medical facility knows that without health insurance the chances of collecting from the patient are slim. This way…
What Is Georgia’s Move Over Law?
Many states, including Georgia, have enacted some type of Move Over Law in an effort to protect workers and emergency personnel who respond to jobs on the side of the road. Every year, people lose their lives in roadside collisions. In 2017, nearly 800 people lost their lives in work zone accidents. This number does not include roadside accidents that happened outside of work zones, such as police stops. Failing to obey Georgia’s Move Over Law could lead to fines, or more serious penalties if the driver causes an accident. The Details of the Law in Georgia Georgia’s Move Over…
Safety Tips for Driving in Heavy Rain
It is not always possible to avoid driving in bad weather, such as fog, snow, or heavy rain. Rainstorms in Georgia are especially common in the springtime, with daily showers that can catch drivers unaware. Learning how to operate your vehicle safely in a heavy rainstorm is critical if you wish to avoid car accidents while driving in Georgia. Check Your Equipment Before Driving Before you start a car trip, prepare for a potential storm by checking your vehicle’s windshield wipers and washer fluid. Your wipers should not show signs of wear and tear, such as cracked rubber. They should…
Is My Car Accident Settlement Taxable?
After you receive a car accident settlement, you might think the hard part is over. You fought for compensation for your damages and won. The at-fault party’s car insurance company has awarded you a settlement to pay for your losses. Come tax time, however, you may face a new ordeal – dealing with how the tax law applies to your settlement. Find out if settlements are taxable in the U.S, and how to navigate your responsibilities to the Internal Revenue Services (IRS). Settlement Taxability According to the IRS The IRS states that, for the most part, settlements are not taxable.…
Is Fault Automatic in a Rear-End Car Accident Case?
A rear-end car accident in Atlanta could cause significant personal injuries, including whiplash and back injuries. Although most people assume the rear driver is responsible for causing a rear-end collision, fault is not automatic in these cases. Investigators will respond to the scene, gather facts about the collision, and deduce the at-fault party based on the surrounding circumstances. It is possible for the first driver or a third party to be at fault for a rear-end collision. What Is Negligence? Fault for an Atlanta rear-end collision will ultimately fall on the person or party that was negligent. Negligence refers to…
When Is It Time to Replace Your Child’s Car Seat?
A car seat is a critical piece of equipment for protecting your child during an accident. Car accidents are a leading cause of death for children and infants. Car seats can reduce the risk of injury and death by up to 70%, when used correctly. Unfortunately, not all parents understand the safest times to replace their car seats. Old, outdated, used, defective, or inappropriate car seats for the age of the child can put a child at risk in a car accident. Learn when to replace your child’s car seat for optimal injury protection. The Appropriate Seat for Your Growing…
What Is Georgia’s Recreational Property Act?
Georgia has an act in place that protects many owners of recreational properties from liability for accidents. The Recreational Property Act, § 51-3-20 of the Georgia Code, limits landowners’ liability for injuries when visitors enter the property for recreational reasons. This statute includes playground and park facilities accessible to the general public in the state. Unfortunately, this rule can bar many victims from having claims against the landowner – even if the owner was negligent. Specifics of the Recreational Property Act According to the Recreational Property Act, the owner of land used for recreational purposes owes no duty of care…
School Zone Safety Driving Tips
Passing through Atlanta’s school zones comes with certain rules and regulations drivers must obey – or else risk the lives of parents, children, and other pedestrians. In 2015, teens accounted for almost 50% of pedestrian fatalities. School zones are critical areas that demand special attention from drivers. They are areas with high volumes of children walking around and crossing the streets. Failing to pay attention in a school zone could lead to traffic citations and fines…or worse, a serious pedestrian accident. Always Obey the Speed Limit Posted speed limits in school zones should not exceed 20 miles per hour. Some…