Articles

Immediately after a car crash, victims generally have an idea of the injuries they sustained. That could lead them to settle their claim fast, in hopes of getting compensation, so they can move on with their lives. However, some injuries resulting from a car accident do not reveal themselves until a few weeks or months later. That could potentially delay healing and hit one with unexpected medical expenses. The person might have to miss some time from work. Moreover, if the victim had already settled their case, they might be limited in pursuing extra compensation to cover the new expenses. They’ll usually be unable to recover compensation for the additional medical costs or lost earnings. Here are the most common types of late appearing car accident injuries: 1.      Concussion At times, the collision’s impact can jolt a victim’s body and cause them to violently hit their head on…

Ponton Law has handled 20+ neck surgery cases throughout the Atlanta area in cases ranging from premises liability to car accidents to trucking accidents and other commercial cases.    Here are some things to keep in mind when it comes to evaluating your neck surgery case in Georgia with a particular emphasis on the Metro Atlanta area which covers a large percentage of our practice.   Also below are a sampling of actual dollar amounts based on actual cases and recoveries. (1) There is a possibility that the value of your case exceeds all available insurance coverage.     By “all available insurance coverage” I mean the combination of all available liability policies and all available UM (underinsured motorist) policies.   If you were involved in a car accident and the at-fault driver has $25,000 in liability coverage, the minimum amount in Georgia, and you also have $25,000 in add-on…

Are lost wages part of my claim against the insurance company? Yes.   Lost wages are an item of your special damages.   Special damages include dollar amounts that are directly attributable to the accident.    For example, your medical bills are part of your special damages. Other items included in your special damages might include mileage to and from the doctor’s office, parking at the doctor’s office, and potentially lost wages.   When it comes to recovering lost wages, there are generally 4 areas of inquiry that need to be looked at before submitting any documentation to the insurance company: What is the nature and extent of your injuries? If you have soft tissue injuries from a car accident, it is certainly very reasonable to stay out of work for anywhere from a couple of days through a few weeks.   If you have soft tissue injuries which are…

Spoliation refers to the destruction or failure to preserve evidence that is necessary to contemplate or pending litigation.   In the context of a slip and fall case, this most often involves alerting the store and insurance company to the presence of litigation.   Under a recent Supreme Court decision in Georgia, the court can find a duty to preserve evidence when the litigation is “reasonable foreseeably” to the party in control of the evidence, even if the party is not on notice of a specific claim.    While most injured folks tend to think about whether there is any videotape which depicts the fall, there are also a number of other things that we have found relevant.   We include these areas and document requests in a cover letter and fax it and send it certified mail to the premises owner and the insurance company so that no one…

Variable Factors If you slip and fall on someone else’s property, it’s highly advisable that you estimate the value of your claim before taking any legal action. This would allow you to get an upper hand and know beforehand what settlement would be fair and what would be unacceptable. There is no fixed value for a slip and fall settlement. It varies depending on so many factors. One has to know every single detail about the case in order to have an idea of what they should settle for, which is a difficult feat to achieve. Moreover, factors that contribute to slip and falls vary extensively from one case to another. The severity of the injuries for the injured party or the property damages of the defendant where the accident occurred all have to be considered before settling on the amount. It’s really nearly impossible to take them all into…

Slip and Fall Case Misconceptions One of the greatest misconceptions about slip and fall cases is that they are easy to win. Many people generally believe that because they slipped and fell on somebody else’s property, it automatically means that they should win the case. Truth is, slip and fall cases are actually very difficult to prove in a trial, and they end up taking months or years in court. According to courtroom statistics, only one in five of slip and fall cases result in a money verdict for the injured party. If one has to go into a trial for a slip and fall settlement, they have to greatly consider how much time, money and effort has to go into the case in order to realize a positive outcome. The Settlement Amount Even on winning the case, most of them settle for a lot less. It is generally believed…