QUESTION

What legal options do we have for an accident that caused my son’s broken ankle in Georgia?

Asked on Aug 28th, 2012 on Personal Injury - Georgia
More details to this question:
My son was hit by another driver and has a horribly injured ankle. It is broken from the inside, out and is continuing to break. The doctor says he is going to need pins in it. I carry the insurance on the Explorer that he was driving. I only have a case number so far. This happened in Douglas County, Georgia. Please get back to me soon.
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2 ANSWERS

Personal Injury Attorney serving Marietta, GA at Law Office of Ronald Arthur Lowry
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To start with, let me express how sorry I am to hear about this. When a family member, particularly a child, gets hurt badly in a car wreck that really happens to the whole family, including the parents. Get a copy of the police report from the government agency that did the investigation of the wreck ASAP. That could be the Douglas County Sheriff's Office, the City of Douglasville PD or the Georgia State Patrol. That report will identify the liability insurer for the driver of the other vehicle. One has to determine the amount of available liability insurance that the other driver has. This usually is done by an attorney making a formal written request to the opposite party's car insurance company and, by law, the insurance company has to respond. If there is applicable Uninsured Motorist (UM) coverage under the policy insuring the Explorer and all other vehicles in your family, that needs to be determined by the attorney looking at all the policies, too. There are 2 types of UM coverage in Georgia, "standard" and "added on." The type of UM coverage is important as that affects the calculations of the amounts of coverages and how they are "stacked" (pyramided up to achieve the maximum amount of coverage). If there is "Med-Pay" (medical payments) coverage under the policy insuring the Explorer that coverage is primary for paying medical bills for your son's injuries up to the limit of that coverage. After that, you are left to your own health insurance coverage until the end of the case. As you can see this is somewhat complicated and the insurers often lie about the amounts and types of coverage they have, even to their own insureds. So the lawyer has to look at the insurance documents themselves and require the insurance company for the opposite party to sign and affidavit stating the amount of coverage. Regarding making a liability claim, do not try to do it yourself. The insurers are experts at tricking people into making admissions that damage their cases. Don't talk to the opposite party's insurer at all and particularly do not let your son give a "recorded statement" which is really a fishing expedition for the insurer to dig up something to use to deny the claim. It also can dredge up some evidence that the insurer can use at trial to help them get off the hook. You absolutely need an attorney who is an expert in this type of case. Do NOT get one of those lawyers who advertises on TV. Those guys try to settle with the insurers quickly without doing the necessary work and usually only get 20% to 30% of what the case is really worth. They make their money on volume and the client gets less compensation than he/she should have gotten. Get the best injury lawyer you can find and do what he says.
Answered on Sep 10th, 2012 at 11:13 PM

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Workers Compensation Law Attorney serving Atlanta, GA at Rechtman & Spevak
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Sounds like your son has a good case.
Answered on Sep 09th, 2012 at 3:50 PM

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