|
As the investigation is being conducted, our office
will prepare a letter to each of your physicians
and request medical records. We may also wish to
contact the physician to personally interview him
before requesting a written report.
Your insurance company or, if you do not have any
insurance or the defendant's insurance company,
will wish to have a list of out-of-pocket expenses
from you with copies of supporting documentation.
These are called special damages, which include
doctor bills, hospital bills, medical bills, any
loss of earnings or income which occurred as a result
of the motorcycle accident, and any property damage.
For items of property damage, if you have repair
estimates and photographs of your motorcycle, please
provide those to us as well.
Any inquiries from the person responsible for your
injuries or their representatives, including their
insurance company, should be referred to our office.
You should not discuss the details of your motorcycle
accident or your injuries with people who are not
entitled to that information. If an insurance company
representative contacts you, inform them that you
are represented by our law firm and refer them to
us for any information they seek. DO NOT MAKE STATEMENTS
TO THEM. If you have already made statements to
any insurance company representative or anyone else,
notify us immediately of these statements and we
shall obtain a copy of them.
INFORMATION REGARDING YOUR MEDICAL TREATMENT
You are entitled to the best medical care available
to cure or to minimize the effects of your motorcycle
injury. It is essential that you obtain copies of
bills and receipts for all medical expenditures
you have made. Your financial loss is sometimes
less important then the effects of the injury. We
need your assistance to keep us informed of the
effects of the motorcycle accident on your life
and in furnishing information as to where we can
get credible and admissible testimony to prove the
effects of your motor cycle injuries on your life.
One of the jobs of the legal assistant handling
your case is to accumulate all of these medical
records and expenses. It is essential that you communicate
with them during the course of your medical treatment
and with any questions you may have regarding your
treatment.
You should continue to go to a doctor as long as
your injuries continue to bother you. Cooperate
with your doctor in every way, and relate to him
truthfully and fully all symptoms that you have
that were a result of this accident. Answer completely
all questions that he asks you. Medical treatment
often takes time to produce results. You cannot
expect a doctor to give effective testimony about
your conditions at time of trial if several months
have elapsed since he last examined you. Also, insurance
companies will often treat this failure to obtain
medical treatment as evidence that there was no
injury or that you are exaggerating. Naturally,
we do not want you to fake or exaggerate anything,
but as long as there is something legitimately wrong
with you, in order to help the doctors make their
diagnosis and avoid a distortion of your medical
picture by the insurance company, you should continue
to obtain the medical care you need.
If you have had prior injuries, particularly to
the same area of the body, you must let us know.
This information often appears in medical records,
and it is not in your best interest to attempt to
hide that fact. As long as we are made aware of
any prior or subsequent injuries, we can deal with
them.
One of the most significant factors affecting the
value of your lawsuit is whether or not we can establish
by doctor testimony that you have suffered a permanent
injury because of the motorcycle accident. Doctors
know from experience that the full extent of a person's
injuries is usually not known until several months
after the accident. It is important for you to advise
us of your medical progress, including when your
doctor refers you for physical therapy or to another
doctor. We will then be able to get complete copies
of all your records, which is of utmost importance
in documenting your case.
Do not talk about your case or your lawyers when
you see your doctor. You do not want to give the
impression that you care more about collecting money
than you do about getting well.
THE VALUE OF YOUR CASE
Some insurance companies in cases where the liability
or fault is clear relate the value of the case to
the special damages. This is often unrealistic because
the major factors, including the physical pain and
suffering and the loss of your capacity to lead
a normal life, may have a greater impact on the
value of your case than do the special damages.
After we have assembled all the information, we
will make the best estimate of the smallest Georgia
jury verdict we could obtain, the largest Georgia
verdict we could obtain, and the probable verdict.
This figure is based on our experience and research
regarding jury verdicts for similar cases in our
area.
MOTORCYCLE ACCIDENT CASES
There are special factors that influence the value
of your case. These factors also affect whether
or not we will be able to file a lawsuit on your
behalf.
There are situations where the driver of the other
vehicle had no automobile/motorcycle insurance or
had automobile/motorcycle insurance in the least
amount that can be carried by law. It is therefore
necessary for us to know whether you have a policy
of vehicle liability insurance and whether you have
purchased uninsured motorist coverage on that policy.
In most states an injured person is permitted to
make a claim for his pain and suffering under his
own insurance policy if he has uninsured motorist
coverage. Sometimes this coverage may be the only
source of recovery for yourself or your family for
the negligence of another driver. It is also important
to report the motorcycle accident to all insurance
polices of motor vehicles in your household as soon
as possible (this includes automobile polices and
policies of household relatives).
FILING THE LAWSUIT
We will exhaust all resources to settle your Georgia
motorcycle case with the insurance companies. If
a fair offer is not tendered, then we will file
a lawsuit against the negligent parties.
In some jurisdictions you are permitted to file
a lawsuit only if you have met the threshold requirements,
and in Georgia within two years from the date of
the accident. This time period is provided for by
law and once that time period has elapsed, you are
forever barred from pursuing your claim. We usually
will not initiate a lawsuit until the permanency
of your injuries becomes known or until this time
period is about to elapse, whichever comes first.
If we file a lawsuit, you are the plaintiff. A complaint
is filed on your behalf which states the reasons
why we believe you have a cause of action against
the defendant, and it sets forth the claims we are
making.
The Georgia defendant has twenty/thirty days after
he has been served with the papers of the lawsuit
to respond or answer that claim. Often the defendant
will claim that you contributed to your own injuries.
Many clients want to know how much we are going
to sue for. In order to recover the maximum amount
possible, we wait to see the full extent and permanence
of your injuries before we decide on a specific
amount. This way, we are able to recover an amount
proportionate to the nature and extent of your motorcycle
injuries.
During the course of the lawsuit we will take testimony
from all witnesses and doctors who may be involved
in the case.
The attorney for the defendant will send written
questions known as interrogatories, which must be
answered under oath in writing. The attorney for
the defendant will also take your deposition. A
deposition is oral questions given to you under
oath in an informal setting. Your attorney will
be present with you during this time and will adequately
prepare you before your deposition.
This phase of the lawsuit is called discovery,
and its purpose is to attempt to narrow the issues
for trial. There are certain items of damages that
you are entitled to recover in most lawsuits. These
include:
|
Charles W. Watwood, Jr. &
Associates
Providing lawyer and attorney services in Atlanta,
GA and the following Georgia Counties:
Appling County, Atkinson County,
Bacon County, Baker County, Baldwin County, Banks
County, Barrow County, Bartow County, Ben Hill County,
Berrien County, Bibb County, Bleckley County, Brantley
County, Brooks County, Bryan County, Bulloch County,
Burke County, Butts County, Calhoun County, Camden
County, Candler County, Carroll County, Catoosa
County, Charlton County, Chatham County, Chattahoochee
County, Chattooga County, Cherokee County, Clarke
County, Coweta County, Crawford County, Crisp County,
Dade County, Dawson County, Decatur County, DeKalb
County, Dodge County, Dooly County, Dougherty County,
Douglas County, Early County, Echols County, Effingham
County, Elbert County, Emanual County, Evans County,
Fannin County, Fayette County, Floyd County, Forsyth
County, Franklin County, Fulton County, Gilmer County,
Glascock County, Glynn County, Gordon County, Grady
County, Greene County, Gwinnett County, Habersham
County, Hall County, Hancock County, Haralson County,
Harris County, Hart County, Heard County, Henry
County, Houston County, Irwin County, Jackson County,
Jasper County, Jeff Davis County, Jefferson County,
Jenkins County, Johnson County, Jones County, Lamar
County, Lanier County, Laurens County, Lee County,
Liberty County, Lincoln County, Long County, Loundes
County, Lumpkin County, Macon County, Madison County,
Marion County, McDuffie County, McIntosh County,
Meriwether County, Miller County, Mitchell County,
Monroe County, Montgomery County, Morgan County,
Murray County, Muscogee County, Newton County, Oconee
County, Oglethorpe County, Paulding County, Peach
County, Pickens County, Pierce County, Pike County,
Polk County, Pulaski County, Putnam County, Seminole
County, Spalding County, Stephens County, Stewart
County, Sumter County, Talbot County, Taliaferro
County, Tattnall County, Taylor County, Telfair
County, Terrell County, Thomas County, Tift County,
Toombs County, Towns County, Treutlen County, Troup
County, Turner County, Twiggs County, Union County,
Upson County, Walker County, Walton County, Ware
County, Warren County, Washington County, Wayne
County, Webster County, Wheeler County, White County,
Whitfield County, Wilcox County, Wilkes County,
Wilkinson County, and Worth County
Charles W. Watwood, Jr. &
Associates
Providing lawyer and attorney services in Atlanta,
GA and the following Georgia Cities:
Adairsville, Adel, Albany, Alma, Alpharetta, Americus,
Ashburn, Athens, Augusta, Austell, Bainbridge, Barnesville,
Baxley, Blackshear, Blairsville, Blakely, Blue Ridge,
Bogart, Bremen, Brunswick, Buford, Byron, Cairo,
Calhoun, Camilla, Canton, Carrollton, Cartersville,
Cedartown, Chatsworth, Chickamauga, Clarkesville,
Clarkston, Claxton, Clayton, Cleveland, Cochran,
Colquitt, Columbus, Commerce, Conyers, Cordele,
Cornelia, Covington, Cumming, Dacula, Dahlonega,
Dallas, Dalton, Darien, Dawson, Dawsonville, Decatur,
Donalsonville, Douglas, Douglasville, Dublin Duluth
Eastman, Eatonton, Elberton, Ellijay, Evans, Fairburn,
Fayetteville, Fitzgerald, Flowery Branch, Forest
Park, Forsyth, Fort Oglethorpe, Fort Valley, Gainesville,
Glennville, Gray, Greensboro, Griffin, Grovetown,
Hampton, Hartwell, Hawkinsville, Hazlehurst, Helen,
Hephzibah, Hiawassee, Hinesville, Hiram, Jackson,
Jasper, Jefferson, Jessup, Jonesboro, Kennesaw,
Kingsland, La Fayette, LaGrange, Lake Park, Lavonia,
Lawrenceville, Leesburg, Lilburn, Lincolnton, Lithia
Springs, Lithonia, Loganville, Lyons, Mableton,
Macon, Madison, Marietta, McRae, McDonough, Metter,
Milledgeville, Monroe, Montezuma, Morganton, Morrow,
Moultrie, Nashville, Newnan, Norcross, Peachtree
City, Perry, Pooler, Powder Springs, Quitman, Richmond
Hill, Rincon, Ringgold, Riverdale, Rockmart, Rome,
Rossville, Roswell, Royston, Saint Marys, Saint
Simons Island, Sandersville, Savannah, Smyrna, Snellville,
Springfield, Statesboro, Stockbridge, Stone Mountain,
Suches, Summerville, Suwanee, Swainsboro, Sylvania,
Sylvester, Thomaston, Thomasville, Thomson, Tifton,
Toccoa, Trenton, Tucker, Union City, Valdosta, Vidalia,
Vienna, Villa Rica, Warner Robins, Warner Robbins,
Washington, Watkinsville, Waycross, Waynesboro,
West Point, Winder, and Woodstock
|