110 Essential Personal Injury Questions Answered

When you or a loved one suffers a serious injury, the legal and financial challenges that follow can be overwhelming. At Graham Scofield Injury Lawyers, we understand what you’re going through. 

Our experienced Atlanta lawyers put together this personal injury FAQ guide to address the most common questions our clients have about personal injuries. We’ll address how long you have to file a claim, how to choose a lawyer, what to expect in court, and more. 

Use the categorized questions below to easily navigate the topics that matter most to you.

Understanding Personal Injury Law

1. What is a personal injury?

Answer: A personal injury is a physical or mental harm to an individual, as opposed to property damage. Common physical injuries include:

• Amputation injuries
• Back injuries
• Brain injuries
• Broken bones
• Burn injuries
• Fatal injuries
• Paralysis injuries
• Spinal cord injuries
• Spinal disc injuries
• Whiplash injuries

Common mental injuries include:

• Memory loss and PTSD
• Emotional distress
• Pain and suffering

2. What types of events can result in a personal injury?

Answer: Personal injuries are typically caused by auto accidents, such as:

• Amazon delivery accidents
• Bicycle accidents
• Bus accidents
• Distracted driving accidents
• Drunk driving accidents
• Head-on collision accidents
• Hit-and-run accidents
• Motorcycle accidents
• Pedestrian accidents
• Rear-end accidents
• Self-driving car accidents
• T-bone accidents
• Truck accidents
• Uber and rideshare accidents

However, the following incidents also cause many personal injuries:

• Dangerous property conditions
• Defective Products
• Medical malpractice
• Violent crimes
• Workplace accidents

3. How do I know if I have a personal injury case?

Answer: You have a personal injury claim if:

• Someone acted negligently and their actions harmed you; and,
• Your suffered damages. For instance, you incurred medical bills to treat your injuries. Or, perhaps, you suffered lost wages. Even if you didn’t suffer any monetary losses, you can still recover pain and suffering compensation.

4. What is negligence?

Answer: Negligence is a legal term that means “careless.” A person acts negligently when they needlessly expose someone else to harm. Negligence can be an “act” or an “omission.” For instance, a truck driver “acts” negligently when they improperly change lanes and cause an accident. A truck driver’s employer “acts” negligently “by omission”, when they hire a truck driver without confirming that the driver has a safe driving record.

5. Why should I hire a personal injury lawyer?

Answer: You should hire a personal injury lawyer if you want to settle your claim for its maximum value.

For instance, car accident victims that hire a lawyer receive a $77,600 average settlement. Conversely, unrepresented car accident victims only receive a $17,600 average settlement.

Your lawyer can also litigate your case if the insurance company doesn’t offer you what you deserve. In fact, car accident victims that file, or threaten to file, a personal injury lawsuit receive a $45,500 average settlement. By contrast, those who don’t file a lawsuit only recover a $23,000 average settlement.

6. When should I hire a personal injury lawyer?

Answer: You should call a personal lawyer ASAP. Time is of the essence after a serious accident. For instance, the longer you wait to call a lawyer, the likelier it is that evidence may be lost or destroyed. Memories also fade over time and you need to capture eyewitness testimony before that occurs.

7. What is the statute of limitations for personal injury claims in Georgia?

Answer: According to GA Code § 9-3-33 (2020), the statute of limitations for most personal injury claims in Georgia is two years from the date the injury occurred. This means you must file your lawsuit within two years or risk losing your right to recover compensation, even if your case is otherwise valid.

However, there are exceptions:

• Minors or individuals with legal disabilities may have more time.
• Claims against government entities often have shorter deadlines and notice requirements.

8. What is the difference between a personal injury claim and a lawsuit?

Answer: A personal injury claim is typically a negotiation process with the at-fault party’s insurance company. Your personal injury lawyer submits evidence and requests compensation on your behalf, and the insurer may offer a settlement.

A personal injury lawsuit is a formal legal action filed in court when:

• The insurance company denies liability.
• A fair settlement hasn’t been reached.
• The statute of limitations is approaching.

Many claims are resolved without going to court, but an experienced personal injury lawyer will prepare your case for trial to increase your chances of a strong settlement.

Choosing and Working With an Attorney

9. How do I find the best personal injury lawyer for my case?

Answer: Most Atlanta personal injury law firms are big. Some even purchase billboard and bus ads bragging about how big they are. Big law firms cast a wide advertising net to snare thousands of cases. Then, they settle those cases as quickly as possible for less than their clients deserve.

You should hire a law firm that:

• Only accepts a sensible number of cases.
• Invests the time and money to maximize each client’s settlement.

Big law firms are also set up so that you’re never able to speak with a lawyer. You should hire a law firm that:

• Gives you its lawyers’ personal cell phone numbers. That way, you can reach your lawyer 24/7.
• Returns your calls and keeps you informed every step of the way.

If you want a lawyer that will “churn and burn” your case, hire one of Atlanta’s billboard or bus lawyers. But, if you want the best customer service and the greatest result, call Graham Scofield Injury Lawyers at (404) 939-9470.

We’re not big. We’re better.

10. What if I can’t afford a personal injury lawyer?

Answer: You don’t have to pay your personal injury lawyer any money until they settle your case. Their fee is a percentage of your settlement. Typically, if your lawyer settles your case before a lawsuit is filed, the lawyer’s fee is 33.33% of the settlement. If your case is litigated, your lawyer’s fee increases to 40% because litigation is time-consuming and expensive. Also, litigation requires your lawyer to turn down other cases so that they can fully focus on winning your case.

11. Will I be charged for an initial consultation?

Answer: No. All personal injury lawyers offer free initial consultations. However, not all initial consultations are equal. Law firms that process thousands of personal injury claims per year spend very little time with their clients.

In fact, big law firm consultations typically don’t even involve a lawyer. Make sure that you speak with an actual lawyer during that initial consultation. If the law firm doesn’t provide a lawyer for that meeting, that means that they only care about making a profit on your case. They don’t care about you.

12. What should I bring to my initial meeting with a lawyer?

Answer: Below is a list of documents that you should bring to the initial consultation if you have them. If you don’t have them, your personal injury lawyer can help you acquire them.

• Police report
• Copies of medical bills and medical records
• Photos of the collision damage
• Collision repair estimate
• Your auto insurance declaration page
• Your health insurance card
• Copies of any communications (texts or e-mails) that you’ve had with the insurance adjuster

13. Who will attend my initial meeting with the lawyer?

Answer: Most personal injury firms delegate case intake to legal assistants and paralegals. They do that because they care more about making a profit on your case than they do about you.

At Graham Scofield Injury Lawyers, our Atlanta personal injury lawyers always put our clients first. That means that you’ll always meet with a personal injury lawyer during your initial consultation.

14. Will my first meeting be confidential?

Answer: Yes. Everything that you discuss with your lawyer is confidential. Even if you decide not to hire that lawyer, they still must keep everything confidential.

15. What questions should I ask a personal injury lawyer before hiring them?

Answer: Here are some of the questions that you should ask your potential personal injury lawyer:

• Will you give me your personal cell phone number so that I can reach you whenever I have a question?
• How many cases does your firm handle at the same time?
• Have you handled a case like mine before?
• What is your success rate with cases like mine?
• How much money do you think you can recover for me?
• Do you have some client reviews that I can browse before I hire you?
• Are you the lawyer that is going to handle my case? Or will someone else handle it?
• Are you going to refer my case to another law firm?
• How long have you practiced law?
• How long will it take you to resolve my case?

16. What happens if my lawyer doesn’t return my calls or emails?

Answer: Open and timely communication is essential in the attorney-client relationship, and Georgia attorneys are required to keep clients reasonably informed. If your lawyer repeatedly fails to respond, here’s what you can do:

• Document your attempts to contact your lawyer.
• Request a status update in writing (email or certified letter).

If you still don’t receive a response, you may:

• File a complaint with the State Bar of Georgia.
• Consider hiring a new attorney to take over your case.

You have the right to change lawyers at any time if you’re not satisfied with how your case is being handled.

17. Can I fire my lawyer if I’m not satisfied?

Answer: Yes. You can fire your personal injury lawyer at any time, for any reason. However, before doing so, consider the following:

• Review your contract to understand any termination clauses.
• Your original lawyer may still be entitled to part of the fee if your case settles or results in a recovery.
• If you hire a new lawyer, they will typically work out a fee-sharing agreement with the previous attorney.

It’s best to speak with a new lawyer before officially ending your current representation, especially to avoid delays in your case.

Dealing With Insurance Companies

18. Should I give a recorded statement to the insurance company?

Answer: Don’t give the adjuster a recorded statement unless your lawyer has prepared you. The insurance adjuster isn’t your friend. That interview is designed to create a basis for denying your claim. Sometimes, the adjuster also asks you questions about your injuries and medical treatment. Those questions might seem harmless. However, if you don’t answer them correctly, the insurance adjuster will use your responses to diminish your claim’s value.

If you hire a lawyer, your lawyer will prepare you to give accurate responses that also provide context. If you’re wondering what questions the insurance adjuster may ask you after a car accident, contact an Atlanta personal injury lawyer.

19. Should I sign a medical release form from the insurance company?

Answer: No. The adjuster hopes you’ll sign that release so that they can contact all of your former employers and “dig up dirt” on you. For instance, if you filed a prior workers comp claim, they’ll try to deny you compensation by claiming that you had a pre-existing injury.

20. Should I sign any documents from the insurance company before speaking to a lawyer?

Answer: No, you should never sign any documents from the insurance company before consulting with a personal injury attorney. Insurance companies often ask accident victims to sign forms or provide recorded statements shortly after an incident. While these may appear routine, they can severely limit your ability to pursue full compensation for your injuries.

21. Should I speak with anyone other than my lawyer about my case?

Answer: No. Don’t discuss your case with anyone other than your immediate family unless your lawyer is present. You should always request identification if you’re unfamiliar with the person that contacted you about your case.

Also, don’t talk to the insurance adjuster without first notifying your lawyer. Your lawyer will ensure that the insurance adjuster doesn’t misrepresent your statements.

22. Should I accept the insurance company’s first offer?

Answer: You should never accept an adjuster’s settlement offer until you’ve discussed it with a personal injury lawyer. The adjuster will typically make you a small offer shortly after the accident. They hope you’ll accept that offer because you don’t care about your case, or because you’re desperate for cash.

Don’t let the adjuster take advantage of you. Hire an Atlanta personal injury lawyer to negotiate the best result for you. If you’re tight on money, your lawyer can help you obtain a loan to cover some of your expenses while your claim is pending.

23. What if the insurance company won’t offer a fair settlement?

Answer: If the insurance company refuses to offer a fair settlement, you are not obligated to accept it and may instead negotiate or pursue litigation with the help of an experienced personal injury attorney. A lawyer can assess whether the offer adequately covers your medical expenses, lost wages, and non-economic damages such as pain and suffering, and help you respond formally with a counteroffer supported by evidence. If negotiations fail, your attorney may recommend filing a personal injury lawsuit, though most cases are resolved through settlement before reaching trial.

24. Can I negotiate with the insurance company myself?

Answer: It’s a bad idea to settle your claim on your own. Why? Because the insurance adjuster knows that you don’t have the financial resources or the legal knowledge to fight your claim in court. Thus, they’ll only make low-ball settlement offers to you. In fact, the adjuster might even “dare you” to sue their insured. If you sue their insured, they’ll ask the court to dismiss your case. Then, the court will dismiss your case if you haven’t satisfied all of the technical pleading requirements. If the court dismisses your case, you’ll recover nothing.

On the other hand, if you hire a skilled Atlanta personal injury lawyer, the insurance adjuster will offer you far more money than you’d receive if you negotiated your claim on your own. Why? Because they know your lawyer can win a big trial verdict if they don’t pay you what you deserve.

25. What should I do if the insurance company is pressuring me to settle quickly?

Answer: If the insurance company is urging you to settle fast, proceed with caution. Quick settlements often benefit the insurer, not you. They may:

• Offer a low amount before you understand the full extent of your injuries.
• Require you to waive your right to further compensation.
• Create a false sense of urgency to rush your decision.

Before signing anything, speak with a personal injury lawyer. Once you accept a settlement, you usually can’t ask for more, even if new expenses arise later.

26. Can the insurance company deny my claim? What can I do if they do?

Answer: Yes, insurance companies can deny claims, and they often do. Common reasons include:

• Alleging that you caused the accident.
• Claiming your injuries are unrelated.
• Arguing that treatment was unnecessary or excessive.

If your claim is denied:

1. Request a written explanation for the denial.
2. Gather supporting documents (medical records, police reports, witness statements).
3. Contact an attorney immediately. Many denials can be challenged and overturned with proper legal help.

Don’t assume a denial is final; many valid claims are initially rejected.

Claim Valuation and Settlement Considerations

27. What types of damages can I recover?

Answer: In a personal injury claim, you may be entitled to recover three main types of damages: special (economic) damages, general (non-economic) damages, and, in limited cases, punitive damages. Special damages include quantifiable financial losses such as medical expenses, lost income, and other out-of-pocket costs, while general damages compensate for pain, suffering, emotional distress, and diminished quality of life. Punitive damages may be awarded in cases involving gross negligence or intentional harm, serving to punish the wrongdoer and deter similar conduct in the future.

28. What is my case worth?

Answer: Your claim is worth the sum of your economic and non-economic damages. Economic damages include your:

• Medical bills
• Lost income
• Property damage
• Lost earning capacity
• Other out-of-pocket accident-related expenses.

Your non-economic damages include your intangible losses, such as your pain and suffering. Most juries use what is known as a “medical bills multiplier” to calculate pain and suffering damages. Insurance adjusters use that same formula when calculating a potential settlement. That method multiplies your economic damages by a number between 1 and 6. Your injury severity impacts that multiplier.

For example, let’s say that your injuries were resolved with conservative medical treatment and your bills only totaled $25,000. In that scenario, a jury might award somewhere in the range of 1-2 times your medical bills for pain and suffering which would bring your total recovery (economic damages plus non-economic damages) to approximately $50,000 to $75,000. If you had to undergo orthopedic surgery and your total bills exceeded $100,000, a jury might award somewhere in the range of 3-6 times for your pain and suffering which would bring your recovery to approximately $400,000 to $700,000.

Your Atlanta personal injury lawyer will evaluate all of your damages. Then, they’ll help you calculate your claim’s value.

29. Are online injury settlement calculators accurate?

Answer: No. There are many online personal injury compensation calculators. Most of them are quite unreliable. In fact, insurers create those calculators to persuade injury claimants that they have weak claims.

Also, those online calculators don’t consider the venue (county) in which your claim is filed. Atlanta metro claims are typically more valuable than claims filed in rural areas.

You might also think that your claim isn’t valuable if your injuries haven’t been fully evaluated. Your Atlanta personal injury lawyer will ensure you receive the best medical care. That way, you’ll know the true value of your claim.

30. Is there a minimum or maximum amount I can recover?

Answer: No. Georgia doesn’t set a minimum threshold for personal injury compensation. It also doesn’t cap personal injury compensation.

31. Can I recover damages if I had a pre-existing injury?

Answer: Not necessarily. If the accident aggravated your pre-existing injury, you can still recover damages. In fact, many personal injury victims have had similar orthopedic issues in the past. Once they treated those symptoms, they got better. However, when the accident occurred, the symptoms re-emerged, or worsened.

32. Will my insurance company pay my medical bills?

Answer: This depends on several factors, including who was at fault and the type of coverage you carry. Typically, the at-fault party’s insurance is responsible for covering your accident-related medical expenses, but if you have personal injury protection (PIP) coverage, your own insurance may initially pay for certain medical costs. An personal injury attorney can help you navigate this process, determine which insurance applies, and ensure you receive the full compensation you are entitled to under the law.

33. Can I recover damages if I used my health insurance to pay my bills?

Answer: Yes. Your medical bills are only one part of your personal injury claim. You can also recover compensation for your lost wages, lost earning capacity, and pain and suffering, among other damages.

34. How are pain and suffering calculated?

Answer: Pain and suffering compensation refers to the physical discomfort and emotional distress caused by your injury. It is usually calculated using one of two methods:

• Multiplier Method: Adds up your economic damages (e.g., medical bills, lost wages) and multiplies that number, typically between 1.5 and 5, based on injury severity.
• Per Diem Method: Assigns a daily dollar value for your pain and multiplies it by the number of days you’re expected to experience suffering.

A skilled personal injury attorney can help present your pain and suffering in a way that maximizes your claim’s value.

35. Can I get compensation for future medical expenses?

Answer: Yes. If your injury requires ongoing treatment, rehabilitation, surgeries, or long-term care, you may be entitled to compensation for future medical expenses. These are typically calculated with input from:

• Medical experts
• Life care planners
• Economic analysts

It’s important to include these costs in your claim before settling, as you won’t be able to go back and request more once the case is closed.

Medical Treatment and Expenses

40. What if I don’t have health insurance? Can I still get treatment?

Answer: Yes, you can still receive medical treatment after an accident, even if you don’t have health insurance. Many providers offer options such as payment plans based on income or coverage for your treatment through personal injury claims, which can be secured with letters of protection (LOPs). 

Emergency care is always provided regardless of insurance status. No matter your health care coverage, it’s crucial to get treated right away to document your injuries and support your personal injury claim.

41. Can a letter of protection help me receive medical treatment?

Answer: A letter of protection (LOP) is a legally binding contract between you, your lawyer, and your doctor. Your lawyer will provide this to your healthcare providers to guarantee that you will pay for any medical services once your case resolves in a settlement. This allows you to receive necessary medical treatment now, even if you can’t pay upfront.

An LOP protects your right to care and strengthens your claim by ensuring you have proper medical records. It is especially helpful if you lack health insurance or money to pay for ongoing treatment.

Property Damage and Automobile Issues

42. How do I get my car repaired?

Answer: The at-fault driver’s insurance carrier is responsible for repairing your vehicle’s damage. Once your attorney sets up your insurance claim with the at-fault driver’s insurer, the collision repair shop will inspect your vehicle. Next, the repair shop creates its repair estimate. Then, the at fault driver’s insurance carrier pays for the repairs.

43. Can I get a rental car?

Answer: If you have rental car insurance, your insurer will provide you a rental vehicle while the repair shop fixes your vehicle. If you don’t have rental car insurance, the at fault driver’s insurance carrier will provide you a rental vehicle. However, they typically investigate liability before agreeing to provide you a vehicle. Therefore, if you need a rental vehicle ASAP, you should request it from your own insurance carrier.

44. What if my car is totaled?

Answer: Your vehicle is “totaled” if the repair costs exceed your vehicle’s “fair market value.” If the car accident totaled your car, the at fault driver’s insurance carrier will pay you for the “fair market value” of your vehicle. The “fair market value” of your vehicle is based upon your vehicle’s year, make, model, mileage, and condition. If you’re wondering how much your vehicle is worth, you can use an online vehicle calculator. That’s the tool that insurance adjusters use when they calculate your vehicle’s value.

45. What if my car’s value has diminished?

Answer: If your vehicle is repairable, the insurance adjuster will pay for your vehicle’s repairs. Then, they’ll cut you a check for your vehicle’s “diminished value” if your car is eligible. In order to qualify for a Georgia diminished value claim, your vehicle must meet the following criteria:

• Age. Your vehicle must be less than 10 years old. You’ll receive a larger diminished value check if your vehicle is newer.
• Value. Your vehicle must be worth more than $7,000. You’ll receive a larger diminished value check if your vehicle is valuable.
• Mileage. High mileage vehicles are less valuable. Thus, you’ll receive a larger diminished value check if you have a low mileage vehicle.
• Damage history. If your car was involved in more than one prior crash, it may not qualify for a diminished value claim. Also, you’ll receive a larger diminished value check if your vehicle wasn’t previously damaged.

46. Will I have to pay my lawyer from my property damage settlement?

Answer: No. The money that you receive from the property damage settlement belongs to you.

Insurance Coverage and Liability Issues

47. What does it mean to have full coverage?

Answer: “Full coverage” means that you have liability insurance coverage and “stacking” uninsured/underinsured motorist coverage. “Stacking” coverage “stacks” on top of the at fault driver’s liability insurance coverage. For instance, if the at fault driver has $25,000 liability coverage and you have $25,000 “stacking” underinsured motorist coverage, your $25,000 coverage “stacks” on top of the at fault driver’s $25,000 coverage. Thus, you’d have $50,000 total coverage if you’re injured in a car wreck.

Many of our clients think they purchased stacking UM/UIM coverage because their insurance agents told them they were “fully covered.” Unfortunately, our clients’ agents misled them if they purchased “reduced” or “difference-in-limits” coverage which doesn’t stack. Indeed, they’re far from “fully covered”.

It’s not our clients’ fault. Insurance agents urge them not to buy stacking coverage. Their agents tell them that their premiums will be lower if they purchase “reduced” coverage. That’s true. But, they don’t tell our clients that the cost savings is negligible when you compare it to the lost coverage. You will need that coverage if an underinsured motorist injures you.

If you’re unsure whether you’re “fully covered,” you should contact an Atlanta uninsured motorist accident lawyer.

48. What if the other driver doesn’t have insurance?

Answer: If you were hit by an uninsured driver, you can file an uninsured motorist (UM) claim with your insurer if you purchased UM coverage. Most drivers have at least $25,000 UM coverage on their policies. If you’re unsure whether you have UM coverage, you should contact an Atlanta uninsured motorist accident lawyer.

If you’ve got questions about the different types of insurance coverage you should purchase, call an Atlanta personal injury lawyer.

49. What if the other driver doesn’t have enough insurance?

Answer: If you were hit by an underinsured driver, you can file an underinsured motorist (UIM) claim with your insurer if you purchased UIM coverage. Most drivers have at least $25,000 UIM coverage on their policies.

50. Will my insurance rates go up if I file an uninsured motorist claim?

Answer: You insurer cannot penalize you for making an uninsured or underinsured motorist claim. O.C.G.A. § 33-9-40 states: “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.”

If you’ve got questions about whether your car insurance rates will go up if someone hits you, contact an Atlanta personal injury lawyer.

51. What if I’m at fault?

Answer: You should hire a lawyer if the other driver blames you. It’s difficult to prove fault by yourself. In fact, even when the police officer cites the liable driver, that driver often denies fault. If the police officer cited the other driver for failing to yield to your vehicle, that driver often claims you were driving too fast. In order to prove they’re lying, you’ll need to track down witnesses and persuade them to testify on your behalf. If there aren’t any witnesses, you’ll need to sue the at fault driver. Then, you’ll have to cross-examine them to prove their excuse isn’t credible.

52. What if I’m partially at fault?

Answer: If you were partially at fault, you can usually still recover damages. Georgia has enacted a modified comparative negligence law. That means that your damages are reduced by your fault percentage. So, if you were 25% at fault, and the jury awarded you $100,000, then your award would be reduced to $75,000. However, if you were at least 50% at fault, you can’t recover any damages.

53. Is Georgia a no-fault state?

Answer: No. Georgia is a ““tort liability”” state. There are no lawsuit restrictions in a “tort liability” state. In fact, Georgia car crash victims can sue the at fault drivers even if they’re only moderately injured and their medical bills are low. Also, Georgia car crash victims can recover pain and suffering damages in addition to out-of-pocket expenses, such as medical costs.

By contrast, car crash victims in “no fault” states can only sue the at fault driver if they suffer death or significant disfigurement, or, if their medical bills exceed a certain threshold. Most car crash victims in “no fault” states also cannot recover pain and suffering compensation.

54. Who pays for medical expenses if no one is at fault?

Answer: No fault insurance coverage, also known as personal injury protection (PIP), covers an injured victim’s medical bills, lost wages, funeral costs, and other out-of-pocket expenses regardless of whether they caused the car accident. However, the injured victim cannot usually sue to recover additional damages, such as pain and suffering compensation.

55. What if I was partially at fault, but the police report says otherwise?

Answer: If you believe the police report incorrectly assigns fault in your accident, you can take steps to dispute it:

• Gather evidence: Collect photos, witness statements, and any other relevant documents.
• Contact the police department: Request to speak with the officer or supervisor who filed the report.
• File an official dispute or request an amendment: Some jurisdictions allow formal corrections to reports.
• Inform your lawyer: They can help present your case clearly to insurance companies and courts.

Legal Process and Settlement Procedures

56. What evidence is needed to settle my case?

Answer: Here are the documents and data that our Atlanta personal injury lawyers typically use to settle a personal injury claim:

• Post-incident medical bills and medical records
• Prior-incident medical records. We use those records to show our client didn’t have a history of similar injuries.
• Incident report
• Photos and videos
• Witness statements
• Lost wages documentation
• Collision repair invoice

57. How long will it take to settle my case without filing a lawsuit?

Answer: Every personal injury case’s timeline is unique. However, if you suffered mild to moderate injuries, your case is typically settled within 6 months after the accident. If you suffered serious injuries, your case is typically resolved in 1-2 years. Serious injury cases take longer to resolve because there’s more money at stake. In fact, the insurance company typically won’t pay you top value until your case is ready for trial.

58. Can my lawyer settle my case without my permission?

Answer: No. Your lawyer can only settle your case if you approve the settlement.

59. Why do I have to sign a release?

Answer: You must sign a settlement release when you settle your claim. A release is a legal document in which you (the releasor) give up certain legal rights. For instance, once you sign a general release, you can no longer pursue your claim against the at fault party (the releasee). In exchange, the releasee (via their insurance carrier) pays you the agreed upon settlement amount.

Many personal injury victims sign a limited liability release (LLR). An LLR is a special settlement agreement whereby you release the defendant from any personal liability in return for payment of the liability policy limits. When you sign an LLR, you can still pursue your claim if there’s any other available insurance. However, once you sign an LLR you can no longer collect money from the at-fault party’s personal assets.

60. When will I receive my settlement funds?

Answer: Once you settle your case, your lawyer must resolve all subrogation claims before distributing the settlement money to you. That process usually takes 30 days. However, sometimes it takes longer.

61. What is subrogation?

Answer: Any person or entity that provided benefits to you as a result of your injuries may be entitled to a share of your settlement. That is known as having a subrogation claim.

Liens are the most common subrogation claims. Hospitals, doctors’ offices, and insurance companies each may assert a lien against your settlement.

A hospital or physician may have a lien for charges relating to any medical services, care, or treatment they provided. Alternatively, Medicare, Medicaid or your own health insurer may seek to recover payments made for medical bills. In addition, if you received disability benefits from Social Security or a private insurer, they may also pursue a subrogation claim.

Your Atlanta personal injury lawyer will help you identify all subrogation claims so that you can timely resolve them.

62. Will you pay the subrogation claims without my approval?

Answer: No. Your personal injury lawyer won’t not pay any subrogation claim unless you authorize them to pay the claim. However, if the subrogation claim is valid and you don’t pay it, the following may occur:

• The subrogation claimant(s) may sue you.
• The liability insurance carrier(s) may sue you. (If the subrogation claimant(s) sues them for failing to pay their claims).
• You may have to pay attorneys’ fees; and,
• Your credit may be impaired

63. Will there be enough settlement funds to pay the subrogation claims?

Answer: Hopefully. Your personal injury lawyer will help you resolve your subrogation claims in a way that allows you to recover the greatest amount of settlement proceeds. There are two ways to accomplish that goal:

First, your lawyer can negotiate with certain third parties to reduce your financial obligations. Second, your lawyer can pursue additional insurance coverage (if it exists). Those two methods can also be used together. If there is no additional insurance, your lawyer will negotiate with each one of your medical providers to reduce their bills as much as possible. That way, you’ll still receive some settlement money.

64. Will I have to pay taxes on my settlement?

Answer: Generally, personal injury settlements aren’t taxable. That means that you don’t have to report them on your tax return. However, if you previously took an itemized deduction for medical expenses related to your injury, you must report the settlement portion that’s for those medical expenses, if the itemized deduction provided a tax benefit.

65. Will I get a settlement statement?

Answer: Yes. When your personal injury lawyer settles your case, they should give you a settlement statement that lists all of the case expenses, fees, and reimbursement claims. That way, you’ll know every factor that impacted your take-home pay.

66. How do personal injury lawyers get paid?

Answer: Your personal injury lawyers’ fee is defined in the contract that you signed when you hired your lawyer. At Graham Scofield Injury Lawyers, our fee is 33.33% of the total settlement if we settle your case prior to litigation. If we have to litigate your case, our fee increases to 40% of the total settlement. We increase our fee when a case is litigated because litigation is time-consuming and expensive. Also, when we choose to litigate your case, we have to turn away other cases so that we can focus on winning the best result for you.

67. What should I do immediately after an accident or injury?

Answer: Immediately after an accident or injury, follow these steps to protect your health and legal rights:

1. Ensure safety: Move to a safe area if possible.
2. Call 911: Report the accident and request medical assistance if needed.
3. Seek medical attention: Even if injuries seem minor, get checked by a healthcare professional.
4. Document the scene: Take photos, gather witness contact info, and note accident details.
5. Report the accident: Notify the police and your insurance company.
6. Avoid giving recorded statements to insurance companies without your lawyer present.
7. Contact a personal injury lawyer: They can guide you through the claims process and protect your rights.

Taking these actions promptly can strengthen your case and ensure you get the care and compensation you deserve.

68. How long does a personal injury case typically take from start to finish?

Answer: The duration of a personal injury case varies widely but generally follows these phases:

• Initial investigation and medical treatment: Several weeks to months.
• Negotiation with insurance companies: 3 to 6 months on average.
• Filing a lawsuit (if needed) and the discovery phase: 6 months to 1 year or more.
• Settlement or trial: Trial cases take longer, sometimes over a year.

Most cases settle before trial, typically resolving within 6 to 12 months. Complex cases or serious injuries may take longer. Consult your lawyer for a timeline tailored to your specific case.

Litigation and Lawsuits

69. Will I have to file a lawsuit?

Answer: Maybe. Approximately 50% of personal injury cases are settled pre-suit. If your case doesn’t settle pre-suit, you’ll need to sue the at fault party to recover additional compensation. Sometimes the insurance adjuster makes a very low settlement offer. If you accept that offer, you’ll recover very little money after you pay your medical bills and attorneys’ fees. The only way to get more money is to file a lawsuit. A few people still prefer not to sue. However, most people choose to file a lawsuit so that they can recover the compensation they deserve.

70. I’ve never filed a lawsuit before. Is that normal?

Answer: Yes. Most personal injury victims have never filed a lawsuit before because they’ve never been seriously injured. If this is your first time, don’t worry. Your lawyer will guide you through the process.

71. Can I file a lawsuit without a lawyer?

Answer: Yes. But, we don’t recommend that you do that. If your lawsuit is legally deficient, the defendant’s lawyer will move to dismiss it. If the court dismisses your lawsuit, you can’t recover any damages.

72. Who do I sue?

Answer: You sue the at fault party. Sometimes, there are multiple at fault parties. Here are the parties that you typically sue:

• Car accident: You sue the at fault driver. If someone negligently entrusted their vehicle to the at fault driver, you can sue that person, as well.
• Truck accident: You typically sue the truck driver, as well as their employer.
• Dangerous property condition: You typically sue the property owner and the property manager.
• Medical malpractice: You typically sue the doctor that injured you, as well as the nursing staff and the hospital.

73. Where should I file my lawsuit?

Answer: You generally file your lawsuit in the county where the defendant lives. If the defendant injured you while they were on the job, you can typically sue their employer, as well. In that situation, you can file your lawsuit in the county where the driver lives, or the county where the employer’s office is. Your personal injury lawyer will know which county is best to file in.

74. How long do I have to file a lawsuit?

Answer: There is a 2-year statute of limitations (SOL) to file Georgia personal injury lawsuits. Thus, you must file your personal injury lawsuit within 2 years after the accident. It’s a good idea to file your lawsuit well ahead of that deadline because you also need to timely serve the defendant. If you’re not able to serve the at fault party until after the two-year SOL deadline expires, the court might dismiss your case.

75. What happens if the person I want to sue dies?

Answer: If the person you want to sue dies before your personal injury claim is resolved, you can still pursue compensation through a legal process involving the deceased person’s estate. In cases like this, your claim continues as a claim against the estate, which must go through probate before any compensation can be distributed. A court-appointed personal representative will manage the estate, and you effectively become a creditor seeking repayment. If the injured party (plaintiff) dies before the case concludes, the claim can continue through a survival action brought by their estate’s representative. Additionally, if the plaintiff’s death was caused by the defendant’s wrongful conduct, their surviving family members may also have grounds to pursue a wrongful death lawsuit.

76. Will my lawsuit be public?

Answer: Yes. All lawsuits are publicly accessible. Most Georgia courts have an electronic docket that a user can use to locate the pleadings that were filed in your case.

77. Can I post about my case on social media?

Answer: The defense may examine your social media accounts. In fact, they routinely request access to injured victims’ social media accounts. Why? Because they want to “dig up dirt” on you, minimize your damages, and identify your friends and enemies.

Don’t post any comments online until your claim or lawsuit is resolved. At a minimum, we recommend that make your social media accounts private. That way, you’ll prevent unintended viewers from accessing your private information.

78. How long will my case take once a lawsuit is filed?

Answer: Most Georgia lawsuits are resolved within 1-2 years. However, some lawsuits take much longer than 2 years. For instance, it often takes a long time to set your case for trial because there are many other cases competing for the same trial date as your case.

Additionally, the COVID-19 pandemic has created such a backlog of cases that it may take three additional years for a Georgia personal injury case to receive a trial date.

Thus, if you don’t settle your case prior to trial, you could be waiting a long time to try your case.

79. Can I switch lawyers during my case?

Answer: Yes. In fact, you should switch lawyers if your lawyer isn’t responding to any of your communications. Also, if it’s clear that you lawyer isn’t qualified to successfully resolve your case, you should hire a new lawyer.

80. How will my lawyer communicate with me during the lawsuit?

Answer: Over the course of your case, there are time periods when your lawyer communicates with you more often, such as when your lawyer prepares you for your deposition. However, most of the time, your lawyer won’t communicate with you unless you have a question or would like an update.

If you do not hear from your lawyer, don’t assume that they aren’t working on your case. It may just mean that they don’t need any information from you at that time. However, you should always feel free to contact your lawyer if you have any questions.

At Graham Scofield Injury Lawyers, if our Atlanta personal injury lawyers unable to take your call or immediately respond to your e-mail, we’ll follow-up with you within twenty-four (24) hours.

81. What happens after my personal injury lawsuit is filed?

Answer: Once your lawsuit is filed, your personal injury lawyer will serve the defendant with your lawsuit. Next, the defendant files an answer to your lawsuit. Once the defendant files their answer, your case enters a six-month “discovery” phase.

During the “discovery” phase, your lawyer will request documents from the defendant that they will use to build your case. Your lawyer will also take the defendant’s sworn deposition statement. Your lawyer may also depose eyewitnesses and hired experts. The defendant’s lawyer will depose you, as well.

Once those depositions are concluded, your case is mediated. If your case doesn’t settle at mediation, your personal injury lawyers will prepare your case for trial.

82. What is mediation?

Answer: Mediation is an informal process in which a neutral third party helps the opposing parties settle the lawsuit. Mediation gives the parties a chance to discuss the strengths and weaknesses of your personal injury claim.

A mediator doesn’t resolve the claim or impose a decision on the parties. Instead, the mediator helps the parties reach a mutually acceptable resolution. The mediation process is strictly confidential. Information disclosed during mediation will not be revealed to anyone.

Mediations usually start with a joint meeting of the parties, the attorneys, and the mediator. During that meeting, the lawyers for each party explain their parties’ positions. Then, the joint meeting ends, and the parties break out into separate rooms.

Next, the mediator separately visits with each party. During that meeting, the mediator might point out the strengths and weaknesses of your case, based on their experience with similar cases. They’ll do the same thing when they meet with the defense.

Eventually, the mediator starts to talk about how the parties might settle the case. Once the mediator receives approval from you to make an offer, they’ll communicate that offer to the other party. Over the course of the day, the mediator will communicate offers back and forth between the parties. It’s common for mediation to last a full day.

Lawsuits settle during mediation approximately 50% of the time. If the case doesn’t settle at mediation, the parties prepare your case for trial. Many cases settle as the case approaches trial. Some even settle during, or after trial.

83. Will I have to go to court?

Answer: If your case goes to trial, you’ll have to appear in court throughout trial. However, since 95% of cases settle before trial, there is a very low chance that you’ll ever have to appear in court.

84. Will I be deposed?

Answer: Yes, you will have to give a deposition if you file a personal injury lawsuit. A deposition is a sworn statement regarding your personal injury claim. Your personal injury lawyer will cover the specific deposition questions when they prepare you for your deposition. However, the defense lawyer will typically cover the following topics:

• How the accident occurred
• Your injuries
• Your medical treatment
• All of your damages

Your lawyer will also depose the at fault party, eyewitnesses, your medical providers, and experts.

85. Will my family be deposed?

Answer: Yes. If you’re seriously injured, the defense lawyer typically wants to depose your family members. During those depositions, the defense lawyer asks them to compare how you were before and after the accident. Your personal injury lawyer will prepare your family members for their deposition so that they feel comfortable discussing your losses.

You’re welcome to attend any deposition. However, during a deposition, you’re not permitted to ask any questions. Your personal injury lawyer is the only one that can ask questions. If there’s a particular question you’d like your lawyer to ask, write it down and show it to your lawyer. That way, your lawyer will also cover the questions that are meaningful to you.

86. Will I have to testify?

Answer: Yes. Most people fear public speaking more than death. Therefore, many injury victims are anxious about testifying at trial. They fear that trial is a “beauty contest” where jurors will quickly size them up and make a snap judgment about them.

Fortunately, juries thoughtfully evaluate each case. First, they review the documentary evidence. Then, they carefully listen to each witnesses’ testimony. They want to hear from you, as well, so that they can understand the harms you’ve suffered.

Our Atlanta personal injury lawyers at Graham Scofield Injury Lawyers know how important it is for our clients to testify. We’ll make sure that you’re fully prepared for your big day in court.

87. Will my doctors have to testify?

Answer: Yes. The insurance defense lawyers will try to persuade the jury that your injuries were caused by something other than the subject incident. For instance, they might suggest that your injuries were pre-existing. Also, they might argue that your injuries worsened because you didn’t follow your doctor’s orders. In some cases, the defense even accuses you of faking your injuries.

The jury naturally wants to hear your treating doctor’s testimony. Once your doctor explains that the subject incident caused your injuries, they’ll know that the defense is just making up excuses to avoid paying you what you deserve.

88. What happens if the jury awards me money?

Answer: You’ll typically receive your award within 90-120 days after the trial ends if the defense doesn’t appeal the verdict. If they appeal the verdict, it may take years to resolve that appeal.

89. What happens if the jury rules against me?

Answer: If the jury rules in the defense’s favor, you can potentially appeal the verdict. First, you need to obtain a copy of the trial transcript. If that transcript reveals any reversible legal errors, you can challenge them on appeal.

90. What are the risks of going to trial instead of settling?

Answer: Choosing to go to trial rather than settling your case out of court carries several risks:

• Uncertainty of outcome: Jury decisions can be unpredictable, sometimes resulting in lower awards or no compensation.
• Longer timelines: Trials often extend the length of your case by months or years.
• Higher costs: Litigation can be expensive, including court fees and expert witnesses.
• Emotional stress: Trials involve extensive preparation, testimony, and public scrutiny.

Although a trial may yield higher compensation in some cases, many clients benefit from the certainty and lower risk of settlement.

91. Can my case be dismissed? Under what circumstances?

Answer: A personal injury case can be dismissed for various reasons, such as:

• Lack of evidence: Insufficient proof to support your claim.
• Filing deadlines missed: Filing outside of the statute of limitations.
• Procedural errors: Failing to comply with court rules or filing requirements.
• Settlement reached: Parties agree to resolve the case outside court.
• Failure to prosecute: Not actively pursuing the case.

If your case is dismissed, you may have options to appeal or refile depending on the circumstances.

Damages and Compensation

92. What Damages Can I Recover In A Personal Injury Lawsuit?

Answer: Damages are the losses you incurred as a result of the accident. There are two types of damages that personal injury victims can recover: economic damages and non-economic damages. Your medical bills are known as “economic damages”. Economic damages also include lost income, lost earning capacity, property damage, and other out-of-pocket expenses caused by the accident.

Non-economic damages are also known as general damages. General damages are intangible losses, such as:

• Pain and suffering
• Mental anguish
• Physical disfigurement or impairment
• Lost companionship
• Lower quality of life

93. What Damages Can I Recover In A Wrongful Death Lawsuit?

Answer: Georgia wrongful death damages enable victims’ families to recover compensation for the “full value” of the victims’ lives. That claim has an economic component and a non-economic component.

The economic component covers all future income the deceased would have earned, but for their death, such as:

• Actual lost salary, wages, and benefits.
• Potential lost salary, wages and benefits. If the deceased wasn’t employed, the jury considers the deceased’s age, health, education, and prior work history.
• Expected future profits if the deceased was self-employed.
• Caregiver services if the deceased was a stay-at-home spouse.
• Funeral expenses.

The non-economic component covers the “intangible” losses, such as:

• Marriage companionship.
• The joy of raising children.
• Recreational hobby pleasures.
• Satisfaction of earning a living.

94. Can I Recover Punitive Damages?

Answer: In rare cases, you can recover punitive damages, in addition to economic and non-economic damages. Punitive damages are designed to punish reckless people, such as drunk drivers. They’re typically capped at $250,000. However, some injury victims can recover uncapped punitive damages. In fact, an injured victim can recover uncapped punitive damages from a drunk driver.

95. Can I be compensated for lost vacation time or missed special events?

Answer: Yes, you can sometimes receive compensation for lost vacation time or missed special events if those losses are a direct result of your injury. This type of compensation falls under “loss of enjoyment of life” or hedonic damages, which cover the impact your injury has on your lifestyle and personal activities.

To claim these damages, you’ll need to show how your injury prevented you from attending events, taking planned vacations, or enjoying lifestyle activities. Documentation such as calendars, tickets, and personal statements can support your claim. 

Keep in mind that not all cases will qualify for this type of compensation, and it is evaluated on a case-by-case basis.

Special Case Types

96. What if I was injured at work?

Answer: If you’re injured on the job, your employer is typically liable for your injuries. You can obtain compensation by filing a workers’ comp claim. Georgia requires most employers to carry workers’ comp insurance. However, railroad carriers, U.S. government agencies, domestic servants, and farm laborers don’t have to carry workers’ comp insurance.

97. What if someone other than my employer caused my injury at work?

Answer: If someone other than your employer or co-worker injured you at work, you can sue that third party for your work injury. For instance, many people work alongside third-party contractors. If one of those third-party contractors harmed you, you can sue them and their employers. Also, if a machine injured you, you might be able to sue the machine manufacturer or the company that maintained the machine.

If you’re unsure whether you’re covered by workers comp, call our Atlanta work injury lawyers. We’ll figure out whether you’re covered.

98. Can I file a claim for a birth injury?

Answer: You might have a birth injury case. If your doctor violated the applicable patient care standard and injured your child, you can sue that doctor for damages. Sometimes, the doctor also harms the baby’s mother. If so, the baby’s mother can also file a lawsuit.

99. How Do I File My Child’s Injury Claim?

Answer: If you’re the parent, or natural legal guardian of a minor child, you can file a claim on that child’s behalf. Essentially, you “step into your child’s shoes” and recover damages for them. The damages you may recover include pain and suffering, diminished earning capacity, and future medical expenses.

You can also file a claim on your own behalf to recover the medical bills you’ve incurred caring for your child until they turn 18. Also, if you had to quit your job, or you took an extended leave to care for your child, you can recover lost wages.

100. Can A Parent Access Their Child’s Settlement Funds?

Answer: Generally, no. If a parent or natural legal guardian settles a child’s claim for more than $15,000, the probate court must approve the settlement. Typically, the probate court won’t approve that settlement unless there is a “special needs trust” setup for the child. A court appointed conservator manages the special needs trust. That way, the trust funds are always used in a way that benefits the child.

101. How Can I Use Special Needs Trust Funds?

Answer: Special needs trust funds can only be used to benefit the beneficiary, which is typically a child or a disabled person. For example, trust funds might be used to purchase:

• • Medical equipment
  • Medical treatment
  • Home renovations to improve accessibility
  • Vacations
  • Educational training

Premises Liability and Third-Party Cases

104. What if I was shot on someone else’s property?

Answer: Many victims are killed by gunfire or knife attacks. If the victim didn’t incite the attack and the property owner improperly secured the premises, the surviving family members may file a wrongful death claim against the property owner. The victim’s family may also sue the property management company if they were also responsible for securing the premises.

105. What makes a property owner liable for an injury on their premises?

Answer: Property owners have a legal responsibility to keep their premises reasonably safe. They may be held liable for injuries if they:

• Knew or should have known about a dangerous condition: Owners are expected to inspect their property and address any hazards regularly.
• Failed to warn visitors about the hazard: If a danger can’t be fixed right away, the owner must provide clear warnings (e.g., signs or barriers).
• Negligently caused the hazard: If the owner’s actions created or worsened the unsafe condition, they may be held accountable.

Liability can depend on several factors, including:

• The type of visitor (invitee, licensee, or trespasser).
• The specific nature of the hazard.
• Local laws and regulations.

A personal injury lawyer can review your situation and explain what legal standards apply to your case.

Traffic and Vehicle-Related Issues

106. I Was Injured As A Passenger In Someone’s Vehicle. How Do I Get Paid?

Answer: If you were injured as a passenger in someone else’s vehicle, your primary source of insurance coverage is from the at fault driver’s policy. If that coverage doesn’t sufficiently cover your losses, you can file an underinsured motorist (UIM) claim with your vehicle driver’s policy. However, if that policy also doesn’t sufficiently cover your injuries, you can file a UIM claim with your own insurer. You can also file a UIM claim with any of your resident relatives’ insurers.

107. Who’s Responsible For A Multi-Vehicle Collision?

Answer: Sometimes it’s easy to determine who’s at fault for causing a car accident. For instance, when a distracted driver rear-ends the vehicle in front of him, the distracted driver is at fault. However, in a multi-vehicle collision, it’s often more difficult to determine which party caused the wreck. If you were involved in a crash with two or more vehicles, you should call an Atlanta car accident lawyer. Your lawyer will determine which party caused the wreck. If more than one driver was negligent, your lawyer will help you hold all of the drivers accountable.

108. Who Is Liable When I’m Involved In A Car Accident With A Rental Car?

Answer: If a rental car driver injured you, you might wonder who is liable for your injuries. The rental car driver is usually the responsible party. The rental car driver’s personal auto liability coverage is your primary insurance coverage source. If they also purchased rental car insurance coverage, that coverage is your secondary insurance coverage source.

Sometimes the rental car company is liable, as well. For instance, if the rental car company rented the vehicle to an unlicensed driver, or they rented the vehicle to a driver with a suspended license, you might be able to sue the rental car company, as well.

109. Does Car Insurance Follow The Car Or The Driver?

Answer: In Georgia, car insurance follows the car, not the driver. So, if the negligent party drove a non-owned vehicle, that vehicle’s insurance policy will usually provide coverage. That’s true even if the negligent driver lacks insurance coverage. If the negligent driver purchased their own insurance coverage, that coverage will act as secondary coverage.

110. What are the most common causes of car accidents?

Answer: Many people believe that seniors cause a disproportionate share of car accidents. According to the Insurance Institute for Highway Safety, seniors (age 70 and older) cause more accidents than middle-aged drivers. However, they don’t cause as many accidents as young drivers.

Men claim to be more knowledgeable about automotive technology than women. But, that perceived knowledge doesn’t translate to safer driving behaviors. In fact, according to a CBS news report, men are 3.4 times more likely than women to get a ticket for reckless driving and 3.1 times more likely to be cited for drunk driving.

If you’ve got questions about who causes the most car accidents, contact an Atlanta car accident lawyer.