What Makes My Claim Unique?
Not every Georgia car accident claim is the same. In fact, there are many variables that go into determining the success of your case. As a personal injury attorney, I have seen many different things that greatly affect the outcome of a claim.
You may hear that every claim is different without understanding why. Here is a list of some of the things that make your case unique.
Facts of the collision:
There are many different types of collisions:
- rear-end collision
- head on
- high speed
The type of the collision you’re involved in can certainly affect your claim. Someone who was rear-ended at a high rate of speed has a very different case from someone who was side-swiped on a residential street. In general, the greater the property damage, meaning the damage to the vehicles involved, the easier it will be to convince the insurance company you are seriously hurt.
If someone pulls out of a parking space into you as you drive by, for example, this will not create a lot of property damage, and it is less likely for injuries to occur at such a low velocity collision. On the other hand, if you are hit head-on by a drunk driver going the wrong way on the highway, you are much more likely to be seriously injured.
While big collisions don’t always cause big injuries, and serious injuries can occur from a low velocity crash, the insurance company or a potential jury will certainly take this information into consideration when evaluating your claim.
Injuries and medical treatment:
Everyone is different, and every injury requires different care. However, some of the same types of treatment are seen in many car accident cases.
- Emergency room visit
- Doctor visits
- Physical therapy
- Chiropractic care
- Broken bones
Generally, the more seriously hurt you are, the more your claim is worth. This is because you should be awarded compensation for your medical bills and pain and suffering. More serious injuries, such as broken bones and surgeries, usually have higher medical bills, and of course a greater amount of physical and emotional pain and distress.
Another thing that can affect your claim is whether or not you have previously injured the part of your body that you hurt in the wreck. A prior, or pre-existing injury, could affect how the insurance company sees your current injury. If you have a history of back problems, for example, an insurance adjuster might argue that the treatment you’re receiving for your back injury now is only partially related to the accident, and your condition is mostly the result of prior problems.
Ultimately, the amount of money that you can recover for your claim depends on the insurance policy available. There can be several possible sources for insurance.
- Liability insurance
- Uninsured or Underinsured Motorist Coverage
- Umbrella policy
- Possible additional policies if the driver is different than the owner of the vehicle, or if he or she is within the course and scope of employment during the wreck
A good attorney will investigate all possible sources of insurance. If you are seriously injured and have high medical bills and lost wages, it is possible to obtain money from more than one insurance policy. For instance, if you have Underinsured Motorist, or UIM coverage, you might be able to receive compensation from the at-fault party’s liability insurance company and from your own UIM policy.
Other sources of insurance include umbrella policies, which provide large amounts of additional coverage, or policies held by people who weren’t actually involved in the accident. If the person who hit you was driving in the course and scope of his or her employment, for instance, an employer’s policy might come into play.
Also, if the driver who caused the accident was highly negligent, it could be argued that you deserve additional compensation for your claim. If you were hit by a drunk driver, or a driver using a cell phone, the insurance company is often willing to pay out more than if you had been hit by someone who simply made a traffic error.
As there are so many different variables involved in each case, it is important to seek out the help of an experienced lawyer who can explain how all the parts of your case could contribute to its success or failure.
Ty Wilson is an accident attorney in Savannah and Atlanta who provides the injured and families of the injured with important information to ensure they have the knowledge they need in order to handle their Georgia injury claim in the best manner possible.
Be informed. Be aware. Be prepared.