As an experienced Georgia personal injury lawyer, I represent many clients who have been seriously injured in a car accident. This entry is one of a series of blog posts which address frequently asked questions. Knowing the answers to these common questions will allow those injured in Georgia car accidents to be better informed about the litigation process. Being better informed allows you to make the best choice when hiring a lawyer to represent you once you have been seriously injured in a wreck and realize that, due to the severity and complexity of the situation, you need adequate legal representation.
I am not the “suing type.” Is there any way my claim can be resolved without filing a lawsuit?
When representing clients who have suffered serious injuries in a car wreck, our main goal is to “make you whole.” In other words, we strive to fully compensate you for your injuries as quickly as possible, but a settlement never comes at the expense of taking less than the full value of the case.
If the insurance company properly evaluates the case and agrees to pay the amount of money necessary to compensate you for your injuries, the case will settle without having to file a lawsuit. However, many insurance companies do not negotiate in good faith. These insurance companies make lowball offers of settlement (offers that the insurance company knows are well below what a fair settlement should be), and hope that the client takes the offer instead of filing a lawsuit. This situation also happens when the insurance company is dealing with a lawyer or law firm who has a reputation for settling cases and not filing suit. The major insurance companies keep detailed databases on who they deal with on all types of cases. If they know that the lawyer on the other end is not likely to file suit, their offer will reflect this and be lower.
In the end, the decision whether to settle the case or file a lawsuit is the client’s. It is our job as your lawyer to counsel you and give you the information needed to make an informed and intelligent decision. Based on the facts of your case and your injuries, along with other settlements and verdicts, we can accurately value your case and help you make this decision.
If the decision is to file suit, Robert J. Fleming is there every step of the way. Many times, the case settles after suit is filed but before trial for much more than the last offer on the table prior to filing suit. Some cases, just have to be tried before a jury in order to get the plaintiff properly compensated.
Attorney Robert J. Fleming specializes in representing clients who have been injured in automobile accidents. Over the years, we have been approached by many clients who have been badly injured. Many times, the at-fault driver is under-insured and the client has limited amounts of underinsured motorists coverage. In these situations, it is critical to act quickly by thoroughly investigating the facts of the case to ascertain whether there are any potential additional defendants (i.e., the Georgia Department of Transportation or the City of Atlanta for unsafe road conditions). Equally important and time-sensitive is to exhaustively investigate the at-fault driver to find other sources of insurance or personal assets that could be used to satisfy a judgment.