Helping Accident Victims in Atlanta Obtain Monetary Compensation for their Injuries
If you sustain personal injuries in an Atlanta car accident, or while you are on the job, you need a skilled lawyer on your side who can file a claim on your behalf. In many car accident cases, the injured accident victim can file a claim against the at-fault driver’s insurance company, seeking monetary compensation for the injuries and damages sustained. If the at-fault driver’s insurance policy is not sufficient, the accident victim may be able to look to his or her own insurance policy for recovery.
If you are injured in an accident on the job, you may be able to file a claim against your employer for workers compensation benefits.
At Brauns Law, our skilled legal team understands how insurance companies evaluate claims and what their adjusters tend to consider and exclude. We can file a claim on your behalf and, if necessary, litigate your claim through the civil courts.
Third Party Claims
When it comes to motor vehicle accidents, Georgia is a fault-based state. This means that if another motor vehicle driver’s carelessness or negligence caused an accident, injured victims can file a third-party claim directly with the at-fault driver’s insurance. Once a victim files a claim and the insurance company accepts liability for the claim (which is not a given), the adjuster assigned to the claim will typically make an initial settlement offer. These initial settlement offers are usually very low and may require several rounds of negotiations to obtain a fair and reasonable settlement offer.
If the at-fault driver’s insurance company refuses to make an appropriate settlement offer, then the claim may require litigation. You can accomplish this by filing a lawsuit in the appropriate court and naming the at-fault driver as a defendant in the lawsuit. Even after filing the suit, the personal injury claim can still settle at any point along the way. In other words, just by filing a lawsuit, you are not guaranteeing that your accident case will go forward to trial. An insurance claims attorney in Atlanta can help you file a third-party claim against the at-fault driver’s insurer.
Damages available in a third-party claim include compensation for all related medical treatment and bills incurred, lost wages, pain, and suffering, and inconvenience.
First Party Claims
First party claims in Georgia include claims for uninsured and underinsured motorist benefits. Uninsured motorist benefits may be available to compensate you for damages in the event the at-fault driver did not have insurance coverage in place at the time of the motor vehicle collision. You may also be able to assert a claim for uninsured motorist benefits if the driver who caused the accident fled the scene (i.e., “phantom vehicle” accident cases).
You may be able to assert a claim for underinsured motorist benefits if the at-fault driver did have insurance coverage at the time of the accident, but the coverage was not sufficient to compensate you for all of your injuries and damages.
Uninsured and underinsured motorist claims are both first-party claims. When it comes to these benefits, Georgia does allow for stacking. In the case of a totally uninsured motorist claim, where the at-fault driver is uninsured, you may collect the full limits of your UM coverage for each vehicle that you own, in order to recover the full value of your damages which you sustained in the accident. Similarly, if the at-fault driver has some coverage—but not enough—you can look to that driver’s coverage first and then seek add-on coverage attached to the vehicles that you own.
The skilled Atlanta insurance claims attorneys at Brauns Law can help you assert a first party claim against your own insurance company to help you obtain damages in cases that involve uninsured or underinsured motorists.
Atlanta Workers’ Compensation Claims
If you suffer serious injuries while you are working on the job, you may be entitled to make a claim for workers’ compensation insurance benefits. In order to recover these benefits, you must have suffered an accidental injury, while you were on the job, and while you were within the scope of your employment. If you are were not injured on the work site—or while you were not in the scope of your job duties—then your employer may argue that you are not entitled to benefits.
There are several types of workers’ compensation insurance benefits for which you may qualify. Potential workers’ compensation benefits available to you may include compensation for:
- Permanent disability
- Temporary benefits
- Lost wages (usually a percentage of your average weekly wage)
- Vocational rehabilitation
Vocational rehabilitation benefits are in place to help you get back to work, and in some cases, obtain the necessary skills and training to get a different job. The experienced Atlanta workers’ compensation lawyers at Brauns Law can file a claim on your behalf and pursue the benefits that you need. If an insurance company denies your workers’ compensation benefits, an experienced lawyer can help you decide whether it might be worth your while to appeal that denial in the court system.
Talk to an Experienced Insurance Claims Attorney in Atlanta Today
Depending upon the circumstances surrounding your accident, you may be entitled to a variety of different benefits. With his experience as an Atlanta insurance claims attorney, David Brauns can review the circumstances of your accident and help you decide which type of claim or claims you should pursue to obtain the maximum amount of compensation possible. David Brauns can then file the necessary claim or claims on your behalf and pursue monetary compensation for you.
When it comes to personal injury cases, our lawyers work on a contingency fee, meaning that we do not get paid until you do. If we do not recover any money on your behalf, we do not take a fee. Therefore, it is in our best interests to zealously advocate for you.
To schedule a free consultation and case evaluation with an insurance claims attorney in Atlanta, please call us at (404) 418-8244, or contact us online today.