FAQs

Auto Accidents

This is probably one of the most frequent questions we answer at Horst Shewmaker. Case value depends on so many facts that it impossible to list every item. But a few of the major items when evaluating your case include what kind of injury you have suffered, property damage, how much your medical expenses total, jurisdiction of the at fault party, and wage loss. For a more detailed and individual case evaluation, please call and talk to one of the lawyers at HS Law. Consultations are always free!

Yes. Some clients call Horst Shewmaker, LLC when it is too late for us to offer much help. Evidence can disappear if appropriate steps are not taken to immediately preserve it. Witnesses should be interviewed early on by a lawyer. Important letters protecting your right to use various insurance policies must be sent, sometimes in as little as 30 days. Finally, aside from the many legal reasons to hire a lawyer after a car crash, having someone who knows the law represent your interests relieves stress and allows you to focus on getting better.

At HS Law, we charge no fees or costs up front. You do not pay anything to us until you receive a verdict or settlement in your favor. If for some reason we are unable to resolve your case, even if we have put numerous hours of work into it, you do not owe us anything.

It is unlikely your insurance will get cancelled or go up in premiums. According to Georgia law, it is unlawful for a motor vehicle insurers to apply surcharges related to accidents in which insured not at fault. The law goes on to say, “no insurer shall surcharge the premium or rate charged on a policy of motor vehicle insurance or cancel such policy as a result of the insured person’s involvement in a multi-vehicle accident when such person was not at fault in such accident.

Another Georgia Law also addresses the specific insurance laws related to this situation, “No notice refusing the renewal of a policy shall be sent for two or fewer of the following within the preceding 36 month period (1) accidents involving two or more motor vehicles in which the driver of the insured automobile under this subparagraph was not at fault; (2) uninsured or underinsured motorist coverage claims, (3) comprehensive coverage claims; and (4) towing or road service coverage claims.”

Absolutely not! Giving a recorded statement without a lawyer representing you will only harm your case. Insurance companies are not recording the statements for your benefit. Even if you think you have a slam dunk claim, insurance companies will gather harmful information. Remember that claims adjusters receive special training to ask questions designed to harm your case. Also, these statements can be used to impeach your testimony should a deposition become necessary in your case.

If you do not have health insurance, we work with doctors who will treat you now in exchange for being paid out of the settlement for their fees. Insurance companies know that most people without insurance will simply settle for whatever they can get because insurance companies only pay one lump sum settlement. To get any money from an insurance company, you will have to sign a release. If you sign a release, it almost certainly ends any and all claims. Do not do this if you are in pain. Call HS Law. We can help facilitate medical treatment for you.

Money. The hospital often makes more money if it does not bill your health insurance. You probably heard something like this at the hospital when you tried giving the staff your health insurance: “Don’t worry about that, we bill the car insurance because this is an accident claim.” This statement is very misleading. The only time that a hospital or medical provider will bill car insurance is when you have medical payments coverage under your own car insurance. Keep in mind that medical payments coverage (often referred to as “Med Pay”) typically has very low limits that will not even begin to cover a hospital visit.

Instead of using your health insurance, the hospital often files a lien against your case. Hospitals do this because they must accept contractual rates from health insurance providers. The payment made by health insurance can be very small and the hospital, if in network with your health insurance, must accept what it is paid. Frankly, the hospital makes more money when it files a lien and collects from your settlement. Therefore, it is very important to make sure the hospital bills your health insurance. At HS Law, our car accident lawyers make sure that happens.

Uninsured drivers are far more common than you think. At HS Law, we deal with this issue almost daily. You may have uninsured motorist coverage that protects you and likely it will not increase your premiums (we address this in another FAQ). Uninsured motorist coverage is simply insurance to protect you against other motorists’ lack of insurance. Even if you personally do not have uninsured motorist coverage, there may be other ways an HS Law car accident lawyer can obtain compensation for your injuries.

Maybe not. In certain instances, Georgia law allows for an injured person to recover against his own insurance company when the person is the victim of a hit-and-run driver. And even if you do not have any car insurance, you may still qualify for insurance benefits depending on who owned the vehicle in which you were riding and with whom you lived at the time of the wreck. This analysis can become complicated and there is limited time for the analysis to be done. If you are the victim of a hit-and-run, please contact an HS Law car accident lawyer immediately.

Personal Injury

After an accident, prioritize your safety and health. Call emergency services, seek medical attention, document the scene with photos, gather witness information, and report the incident to the authorities. It’s also important to contact a personal injury attorney as soon as possible.

In Georgia, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. Failing to file within this timeframe may result in losing the right to pursue compensation.

In Georgia, you can recover economic damages (such as medical expenses, lost wages, and property damage) and non-economic damages (such as pain and suffering, emotional distress, and loss of enjoyment of life). In some cases, punitive damages may also be awarded.

Most personal injury cases are settled out of court. However, if a fair settlement cannot be reached, your case may go to trial.

Yes, Georgia follows a modified comparative negligence rule. This means you can recover damages even if you are partially at fault, as long as your fault does not exceed 50%. However, your compensation will be reduced by your percentage of fault.

Pain and suffering in Georgia are calculated based on factors like the severity of your injuries, the impact on your daily life, and the extent of your recovery. There is no fixed formula, and the amount is usually determined by negotiations between your attorney and the insurance company or by a jury in court.

While it’s possible to handle a personal injury case without a lawyer, it’s not recommended. Personal injury cases can be complex, and insurance companies often try to minimize payouts. An experienced attorney can help you navigate the legal process, negotiate with insurers, and maximize your compensation.

The timeline for resolving a personal injury case in Georgia varies depending on the complexity of the case, the severity of the injuries, and the willingness of the parties to negotiate. Some cases settle within a few months, while others may take a year or more if they go to trial.

For your initial consultation, bring any relevant documents, such as accident reports, medical records, insurance information, photographs of the accident scene, and contact information for any witnesses. These documents will help your attorney assess the strength of your case and advise you on the next steps.

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