Motor vehicle accidents on Georgia roads are possibly the most common and devastating form of negligent injury today, with literally thousands of families each year left facing an uncertain future of medical bills and long-term rehabilitation. Robin Frazer Clark, P.C. is deeply committed to the protection of Georgia clients seeking compensation when reckless, careless or negligent driving or conditions result in a tragic motor vehicle accident.
We understand the often deceptive practices an insurance carrier may employ solely to protect their financial bottom line, regardless of the real circumstances of the accident. Robin Frazer Clark, P.C. utilizes the latest technology and techniques for accident reconstruction, expert testimony, research and depositions in order to ensure that your rights are protected and that your case is decided according to the facts and the law. In addition, Robin Frazer Clark, P.C. maintains a broad network of legal, medical and financial experts who assist me in accident investigation, identification of all liable parties, injury assessment and arrangements for medical care with no out-of-pocket expenses.
As a personal injury trial lawyer and wrongful death attorney for the last twenty years, Robin Frazer Clark is experienced in the preparation and presentation of complex litigation before the Georgia State and Federal courts. Robin's reputation for aggressive negotiation and strong, winnable cases often results in an out-of-court settlement from insurers unwilling to face her in the courtroom. Robin, as a mother, wife and trial lawyer, understands the emotional, physical and financial stress you are experiencing after a negligent accident and works closely with you to recover maximum compensation for your injuries.
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Showing posts with label accident. Show all posts
Showing posts with label accident. Show all posts
Monday, August 17, 2009
Monday, August 10, 2009
Medical Treatment After A Car Accident
If you have ever been injured a car accident, particularly in the metro Atlanta area, you know that you will either feel pain right away or several days later. Either way, you need to get medical treatment right away. Car accidents can cause a variety of injuries, including neck, back and shoulder injuries. During my law practice, I have known of people who have also injured their knees or banged their head on the windshield. These car accident injuries can be very serious and can lead to long term problems. When you are injured in a car accident, you need to think short and long term.
If you have been injured in a car accident, go to your primary care doctor and be examined. If you do not have a primary care doctor, go to the emergency room and get checked out. Any delays in treatment related to a car accident can cause problems if and when you file an injury claim with the other party's insurance company.
Chiropractors, Medical Doctors - who to go to? All medical providers play an important role in medical treatment after a car accident. There have increasingly been more multi-disciplinary facilities that have popped up that are more or less one stop shops where someone injured in a car accident can receive various types of treatment, including physical therapy, chiropractic and examination and treatment by a medical doctor.
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If you have been injured in a car accident, go to your primary care doctor and be examined. If you do not have a primary care doctor, go to the emergency room and get checked out. Any delays in treatment related to a car accident can cause problems if and when you file an injury claim with the other party's insurance company.
Chiropractors, Medical Doctors - who to go to? All medical providers play an important role in medical treatment after a car accident. There have increasingly been more multi-disciplinary facilities that have popped up that are more or less one stop shops where someone injured in a car accident can receive various types of treatment, including physical therapy, chiropractic and examination and treatment by a medical doctor.
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Monday, July 13, 2009
Car Accidents
Our firm represents clients who have suffered personal injuries or property damage in automobile, motorcycle or truck accidents in Georgia and South Carolina. Such motor vehicle accidents include those involving drunk or hit and run drivers, uninsured or underinsured drivers, as well as accidents occurring from motor vehicle and semi-tractor trailer collisions and rollovers.
We also represent those injured in car accidents, collisions or crashes resulting from defective products or designs in automobiles and trucks, such as defective seatbelts, tires or gas tanks.
Injuries suffered as a result of these types of accidents can be severe and life altering. You may have suffered burns to your head or neck, have nerve damage or spinal chord paralysis, broken or dislocated a bone or limb, or even have lost the use of a limb. Our firm understands that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company or the responsible party will pay for future treatment relating to your injury. Our experienced attorneys will discuss your situation and go over the options available to you to make sure all your needs are handled quickly and appropriately.
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We also represent those injured in car accidents, collisions or crashes resulting from defective products or designs in automobiles and trucks, such as defective seatbelts, tires or gas tanks.
Injuries suffered as a result of these types of accidents can be severe and life altering. You may have suffered burns to your head or neck, have nerve damage or spinal chord paralysis, broken or dislocated a bone or limb, or even have lost the use of a limb. Our firm understands that your immediate goals after going through such trauma are to get your medical bills paid and covered, make sure you do not suffer financially through any lost wages, and make sure your insurance company or the responsible party will pay for future treatment relating to your injury. Our experienced attorneys will discuss your situation and go over the options available to you to make sure all your needs are handled quickly and appropriately.
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Monday, June 8, 2009
Anatomy of an Auto Accident Insurance Claim
An auto accident insurance claim always begins with an accident. If you are involved in a car accident, there are some very important things you should do at the accident site to the extent you can. At the first opportunity, you should report the accident with your insurance carrier and begin the process of filing a claim. After you have submitted your claim, a claims adjuster (someone who works for the insurance company and deals exclusively with claims) will either call, write or email you regarding your claim. He or she will then look at your policy to determine the types of coverage you have, deductibles, and any coverage limits that may affect your claim.
If your claim is simple (i.e., fault is not at issue, the damage was minimal, and little or no medical treatment was necessary), the adjuster may have you get an estimate for repairs and then send you a check. You will have to fill out some paperwork, but you may not have to meet with the adjuster in person. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.
Investigating Your Automobile Accident Claim
In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.
The Settlement Offer
Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. It could be all, it could be part, it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. But the adjuster also wants to close a case and thus is typically allowed a settlement range that offers room for negotiation. See When the Adjuster’s Settlement Offer is Too Low.
The Demand Letter
If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault (if an issue), damages and ask for a certain amount to settle your claim.
So, should you make a demand first, or wait for the offer? See Making a Demand or Waiting for a Car Insurance Offer and Settling Your Car Insurance Claim: How to Write a Demand Letter.
Negotiating with the Claims Adjuster
If you’ve already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Whether or not you think the offer is reasonable, read When the Adjuster’s Settlement Offer is Too Low for more information on how to evaluate that opening offer. Then, unless you’re willing to go with that opening offer (knowing that it’s too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement. See Negotiating Your Car Insurance Settlement.
If Your Auto Accident Claim is Denied
If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. If you still think your claim was unfairly denied, read When Your Car Insurance Claim is Denied for more on what you can do next. But whatever you decide to do, don’t wait too long to do it. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most states, the statute of limitations for personal injury claims is 2 or 3 years, but could be shorter or longer. An attorney will be able to advise you.
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If your claim is simple (i.e., fault is not at issue, the damage was minimal, and little or no medical treatment was necessary), the adjuster may have you get an estimate for repairs and then send you a check. You will have to fill out some paperwork, but you may not have to meet with the adjuster in person. If your claim is more complicated (for example, liability is unclear, you do not have enough coverage in your policy, or you do not agree with your adjuster’s settlement offer), then the negotiation process will take longer.
Investigating Your Automobile Accident Claim
In relatively complicated injury accident claims, adjusters typically must do some investigation in order to adequately assess the insurance company’s liability. The adjuster will comb through your policy and possibly contact witnesses to the accident, the other party to the accident, look at the police report if there is one, take photographs of the damages and scene of the accident and generally investigate your medical expenses by sending out requests to your medical providers for information regarding your treatment. If you are seeking to have medical bills covered, the adjuster will send you a medical authorization form for the release of your medical records.
The Settlement Offer
Once the adjuster has investigated your claim and looked at your policy, he or she will typically send you a settlement offer. The settlement offer will tell you what the insurance company is willing to pay on your claim. It could be all, it could be part, it could be none. This opening offer is typically on the low side. After all, the adjuster’s job is to save his or her employer money. But the adjuster also wants to close a case and thus is typically allowed a settlement range that offers room for negotiation. See When the Adjuster’s Settlement Offer is Too Low.
The Demand Letter
If you are confident about how much you think your claim is worth, you can preempt the adjuster’s settlement offer with your own settlement proposal (demand letter). Your demand letter would outline fault (if an issue), damages and ask for a certain amount to settle your claim.
So, should you make a demand first, or wait for the offer? See Making a Demand or Waiting for a Car Insurance Offer and Settling Your Car Insurance Claim: How to Write a Demand Letter.
Negotiating with the Claims Adjuster
If you’ve already received an opening offer from the adjuster, keep in mind that opening offers for settlement are almost always on the low side. Whether or not you think the offer is reasonable, read When the Adjuster’s Settlement Offer is Too Low for more information on how to evaluate that opening offer. Then, unless you’re willing to go with that opening offer (knowing that it’s too low) without an argument, you will ultimately need to negotiate with the adjuster for a higher settlement. See Negotiating Your Car Insurance Settlement.
If Your Auto Accident Claim is Denied
If your claim is denied in whole or in part, there could be many legitimate and reasonable reasons. Most have to do with limits in your coverage. You can check the denial letter against your policy to see if the denial seems legitimate or not. If you still think your claim was unfairly denied, read When Your Car Insurance Claim is Denied for more on what you can do next. But whatever you decide to do, don’t wait too long to do it. If you sit on your claim for too long, you may lose the right to sue in court to get your recovery. Each state has a statute of limitations (a time limit for filing a lawsuit in court). In most states, the statute of limitations for personal injury claims is 2 or 3 years, but could be shorter or longer. An attorney will be able to advise you.
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