Georgia law gives accident victims the right to seek compensation for medical bills and lost wages. Many people never file a claim because they believe common myths about personal injury claims. These misconceptions often lead victims to pay out of pocket for injuries caused by another person’s negligence. A Georgia car accident lawyer can help you gather evidence and file a claim for compensation.
Insurance companies often rely on a claimant’s lack of legal knowledge to settle cases for less than they are worth. Understanding the reality of myths about personal injury claims helps you protect your financial future after a crash.
Having an attorney ready to litigate ensures the insurance company takes your demands seriously. Ruppersburg Injury & Accident Attorneys uses local knowledge of Georgia statutes to file for compensation.
5 Georgia Personal Injury & Car Accident Myths
Many accident victims in Georgia lose the compensation they deserve because they rely on incorrect information, such as:
1. I Should Hire A TV Lawyer For My Personal Injury Case
There are many good personal injury lawyers out there, but most of the lawyers that you see advertising on TV and radio are not among them. The reason these lawyers have to advertise to get clients is that no one who knows anything about personal injury lawyers would hire one in the first place. They don’t communicate with their clients, never go to court or try cases, and settle cases for pennies on the dollar. Insurance companies and lawyers who defend personal injury cases don’t take them seriously. Neither should you. Even if you choose not to hire our firm, we will be glad to refer you to other experienced personal injury lawyers who will do an excellent job with your case.
2. There’s A Formula Used To Determine Settlement Amounts
Insurance companies may tell you that they determined your settlement offer by taking your medical bills and lost wages and multiplying that amount by 1.5 or 2. Personal injury law does not have any formula, equation, or calculator to determine the settlement amount of a personal injury case. The value of your personal injury case is ultimately determined by a jury. When personal injury lawyers evaluate the value of a case, they base their decision on the facts of your specific case and what sort of verdicts juries have awarded in similar cases in the past.
3. The Insurance Company Will Settle Rather Than Pay The Expenses of Defending A Lawsuit and Going To Court
Insurance companies are in the business of defending and settling lawsuits. Big insurance companies like Allstate and State Farm defend thousands of lawsuits every year and don’t bat an eyelash at the thought of defending one more case. While insurance companies do factor the costs of defending a lawsuit into their settlement offers, their decisions are based more on what they believe the value of your case is. If the insurance company thinks it isn’t at fault for the accident, that your injuries weren’t caused by the accident, or that you’re asking for too much money, it’s not afraid for you to take the case to court.
4. I Should Take The First Settlement Offer
The first settlement offer is not the best. The goal of an insurance company is to settle your case for as little as possible, not for what it’s worth, and they will almost always make a better settlement offer than the first one. Insurance companies make low first settlement offers, hoping that you’re not aware of your legal rights and haven’t consulted with an attorney yet, and will accept it.
Insurance companies will also increase their settlement offers at different stages of the case. For instance, before a lawsuit is file,d they’ll make several settlement offers and then tell you that their last offer is their “best offer.” After you’ve filed a lawsuit, the insurance company will usually make several additional settlement offers and then tell you that the current offer is their “final offer.” And then right before the case goes to trial, the insurance company will make their “last offer,” which is usually the best settlement offer that they will make. We’ve even had insurance companies increase their settlement offers during the trial or after the jury gets the case.
5. All Personal Injury Cases Go To Trial
Most cases settle before you go to court. However, it’s often necessary to file a lawsuit and prepare your case for trial to force the insurance company to make a reasonable settlement offer. The insurance company usually won’t make its best offer until you’re on the courthouse steps, so to speak. Once a lawsuit has been filed, you can choose to settle the case at any time. Georgia law even allows you to dismiss and re-file your lawsuit one time.
6. Personal Injury Cases Take Years to Resolve
Most cases settle before you go to court. While complex litigation can be lengthy, many cases settle within months through demand letters and negotiation. The timeline depends on the clarity of liability and the length of your medical treatment. We wait until you reach Maximum Medical Improvement (MMI) to ensure we account for all medical costs.
7. Hiring a Lawyer Is Too Expensive for Most Accident Victims
Most Georgia personal injury lawyers work on a contingency fee basis. This means legal fees are only paid if money is recovered. Georgia law permits contingency fees, and the percentage is outlined in the fee agreement at the start of the case.
This structure allows injured people to pursue claims without paying hourly fees upfront. It also aligns the lawyer’s interest with the client’s recovery.
Do Personal Injury Lawyers Go to Court?
While most car accident claims in Georgia are settled through negotiations with insurance companies, personal injury lawyers do go to court when a fair agreement cannot be reached. Under Georgia Code § 51-12-33, the state uses modified comparative negligence, which often leads to disputes over which driver is truly at fault.
If an insurer refuses to offer a settlement that covers your medical bills and lost wages, your attorney will file a formal complaint in a Georgia State or Superior Court to protect your rights.
Once a lawsuit is filed, the case enters a litigation phase that includes discovery and depositions. Your lawyer represents you during these proceedings and presents your evidence before a judge or jury.
How a Personal Injury Lawyer Can Help Your Case
In Georgia, the civil litigation process is governed by specific rules of evidence and procedure. Ruppersburg Injury & Accident Attorneys manage these requirements so you can focus on medical recovery.
Here are ways a personal injury lawyer protects your interests:
1. Accurate Valuation of Your Claim
Determining the value of a case involves calculating “special damages,” which are quantifiable financial losses like lost wages and medical expenses, as well as “general damages” for pain and suffering. We account for future medical needs and any permanent reduction in your ability to earn an income.
2. Management of All Insurance Communications
We act as the point of contact for all insurance companies, ensuring that no evidence is shared that could jeopardize your recovery. This includes evaluating whether you should accept an insurance settlement offer or if the amount fails to meet your long-term needs.
3. Investigation and Evidence Preservation
We coordinate with accident reconstruction experts and medical professionals to build a factual foundation for your claim. This is vital in Georgia, where the modified comparative negligence rule can bar recovery if you are found to be 50% or more at fault.
4. Expert Witness Coordination
We have a network of vocational experts, neurologists, and engineers who provide the testimony necessary to prove the extent of your damages. This professional support is often what moves an insurance company toward a fair settlement.
5. Filing Lawsuits and Trial Representation
We prepare for trial by drafting the complaint, managing the discovery process, and presenting your case before a jury. Having a trial-ready lawyer signals to the insurance company that you are prepared to fight for the full value of your claim.
Contact Our Georgia Personal Injury Lawyer
If you were injured in a car accident caused by negligence, understanding Georgia law matters.
Myths about personal injury claims often benefit insurance companies, not injured people. Ruppersburg Injury & Accident Attorneys provides clear guidance based on Georgia statutes, local courts, and real case experience.
Contact our office at 706.354.1000 for a free consultation to discuss your injury, your rights under Georgia law, and the next steps toward recovery.