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Home » Personal Injury Settlements: Questions and Answers

Personal Injury Settlements: Questions and Answers

Television shows make personal injury cases look a lot more dramatic than they often are.

If you’ve been injured in an accident in Georgia, then you probably dread the thought of a long drawn out court battle and appearances before judges. Realistically, however, most personal injury cases are settled long before they ever reach the courtroom, and the process is neither frightening or bad for the victim. Listed below are just a few of the most common questions and answers about accident claims and settlements.

1. Why are Settlements so Popular?

While it varies from one situation to another, the vast majority of cases are settled before anyone actually has to go to court. Whether you’ve been hurt in a car wreck, or endured an injury at a business, there is likely insurance put in place specifically to cover just such incidents. If you have a good case and can prove that you’re the victim, then most insurance companies would rather settle outside of court. Preventing a court battle ultimately saves the insurance company money from court costs. This is a win-win for you as well as you can get the compensation you need without the struggles associated with going before a judge.

2.Is Settling Actually Wise?

When you’ve been injured, it is almost impossible to put a price tag on what you’ve endured. Unless you are awarded a million dollars, you will probably always feel slightly ripped off. This is completely normal, and a wise man once stated that a good settlement leaves neither party totally satisfied. When you choose to accept a settlement, you are speeding up the process and getting compensation immediately. If you choose to take it to court, things could drag on for months or even years. In addition, you can’t be positive that you will win. By taking your case before a judge you may be disappointed to find that they rule against you, leaving you to bear the burden of all your lawyer fees and part of the court costs. A settlement is a straightforward way to get exactly what you are offered within a short period of time.

3.Will I Get What I Want in a Settlement?

Most likely, you will not receive everything you feel you deserve when you accept a settlement. Instead of being a win, it is more like a compromise, where both you and the defendant have to provide some give and take. A good attorney can help you determine when a settlement is worth accepting and when you should fight for more.

4. When and Why Will an Insurance Company Offer a Settlement?

When you are hurt in an accident, it’s typically the insurance company that you will deal with, rather than the actual party that caused the damage. Since the insurance company will have experience working with personal injury cases, they understand that court is something they need to avoid at all costs. The ruling of a judge or jury is completely unpredictable, meaning that they could randomly award the injured person much more than they deserve — making the insurer nervous and anxious to settle.

5. Can You Figure How Much Your Settlement will be Online?

Many injured people turn to online settlement calculators to try to determine how much they will get in advance. These calculators work by taking some ballpark figures of the damages and then entering it into the form, leaving you with an estimate on what your compensation might be. While these calculators can help, they are only estimates at best. An attorney is really the only one who can help you understand exactly what your case may be worth by investigating the specifics.

While you can put a price tag on your medical expenses and lost wages, it’s hard to calculate pain and suffering online,” said Marietta accident lawyer Ramiro Rodriguez, Jr.

6. What Damages Should be Covered in My Settlement?

There are two different types of damage that you can receive compensation for: General Damages and Special Damages. Special damages are the costs of the injury that are easy to determine such as your loss of work, medical bills, travel costs, and property damage. On the other hand, General Damages are more flexible and depend more on the way that an injury impacts your life such as long-lasting disfigurement, family issues, and pain and suffering. For instance, if you usually watch your grandchildren but find that they are afraid to stay with you now that you have suffered extensive burns and scaring on your face, you can expect to receive some compensation for this emotional pain as well as your outright expenses.

7. Is Everyone Entitled to Pain and Suffering Expenses?

No injury is going to be pain-free; however, the pain and suffering that you may experience can vary according to the specifics of the accident. Generally, your pain and suffering should be recognized in some way, even if it’s only a small amount of money. If you are enduring serious pain or long-term repercussions from your accident, then you can expect to receive more.

8. Will a Settlement Include Medical Bills?

When your case is settled outside of court, you can still expect to receive complete reimbursement for all the medical bills you incurred due to the accident. The settlement should cover not only what you’ve already paid but also enough money to cover any bills you may have to pay in the future.

9.Will all the Settlement Money be Mine?

If you’ve already had some of your bills covered by your personal health insurance company, then you may not actually receive all the money you get from your settlement. Instead, you may have a lien already placed on your settlement, meaning that the insurance company will receive the funds you get to cover what they already paid. You also need to remember taxes, which we will cover later.

10. What’s the Least I Can Expect from My Settlement?

There is no minimum or maximum price for a personal injury settlement. The amount of money you get will be based entirely on the specifics of your case. You can expect your medical bills, pain and suffering, and lost wages to all play a big role in the figure you are offered. You can also expect to be offered more if you can prove that you have no fault in the accident. Lastly, the amount of the settlement is determined by which side plays the more difficult game and sticks to haggling the longest. If you refuse to accept a settlement, you can expect to either get a better offer or to be taken to court, where you could lose it all. An attorney can help you decide when your settlement is large enough to accept it. Read also: Should I take the settlement that the insurance company is offering me?

11. What if I Don’t Like the Offer?

As the one who endured injuries and has had your life changed by the accident, you are free to hold out as long as you want by refusing any settlements. Don’t accept a settlement that isn’t enough to truly cover your expenses. Just because most cases get settled outside of court doesn’t mean that is the best option for you. If you feel like you aren’t being properly represented or just want to have a judge determine what is fair, you are welcome to take the case to court.

12. What Happens When I Reject an Offer?

If you reject a settlement offer, it won’t go immediately to court. Instead, you will be given a chance to provide a professional “demand letter” as a counter-settlement offer. In this letter, you have the chance to tell how the accident happened from your point of view along with the extent of your injuries. You will use your evidence to show why the existing settlement offer is too small and provide them with what you think the right price would be. Remember to set the bar high since the insurance company will likely haggle with you about the compensation costs.

13. How Can I Afford an Attorney?

Following an accident, money is usually tight and the idea of paying an attorney to represent you can seem overwhelming. Thankfully, personal injury cases are most often taken on a contingency fee basis. This means that the lawyer only gets paid after you are paid, leaving you with no bills to cover upfront. While this prevents you from pouring money you don’t have into a case that may not play out favorably, it can come with a high price tag. Generally, attorneys expect roughly 33 percent of your settlement to cover their fees. Depending on the attorney, you may be able to work out a lower price, especially if the case doesn’t have to go to court.

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14. How Will I Be Paid?

If you are battling against the insurance company, the process of being paid tends to be straight forward. Whether you win in court or accept a settlement, the insurance company will just write you a check that you can then cash or deposit. In return for the check, you will have to sign a release form that waives your right to any more money for your injury in the future. On the other hand, if you were unable to deal with the insurance provider and are instead suing an individual, getting your money may be a bit more challenging. Even if a court rules that they owe you money, a private party may not have the funds to pay off the debt, leaving you without the compensation you deserve, despite winning the case.

15. Do I Truly Need an Attorney?

Some people are under the false belief that, if their case is good enough, they should be able to handle it themselves, thus saving the attorney’s fees. While this may seem like a good plan on the surface, it is not reasonable or wise. An attorney has the ability to help you navigate the legal system while standing up for your rights, representing you in the right manner, and haggling with the insurance company. If you aren’t willing to hire an attorney, the insurance providers will likely offer you a lower settlement since they know you have no legal guidance. When you’re facing a personal injury case, an attorney is a must have!

16. Where Do I Go for Help?

The difference between the good and a bad outcome in a personal injury case is typically the attorney representing the injured party. Here at GA Injury Advocates, we are proud to be the team that works to help those that have been hurt in accidents or at the hands of someone else to receive the compensation they deserve. We look over your case and help you fight for the full amount of your benefits. By working alongside you, we can help you navigate the legal system while fighting back against insurance companies. We have the skills to help you settle outside of court but also the capabilities to take it before a judge when needed. If you have been hurt, you deserve to get help. You can contact our offices today to learn more about our practice and how we are standing up for those in Georgia that have suffered at the hands of someone else.

A personal injury claim doesn’t have to be a scary or overwhelming process. As we’ve explained above, you can often receive the compensation needed to move forward in life without every stepping foot in the courtroom. Don’t let fear hold you back from getting the money you need and deserve!

Contact GA Injury Advocates if you were an individual involved in an accident and want to be treated with the respect you deserve. Call us at (770) 766-0555. Hablamos Español.

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A Fowler
A Fowler
18:54 26 Jan 23
The GA injury advocates are the absolute best injury attorneys in the entire South East region. The lawyers with John... Paul "Esquire" & associates were the best in this process and fought extremely hard without prejudice, and also went above and beyond to get me a very satisfying settlement!Sincerely, I'd like to thank you guys for helping me with my case!read more
Daniel Seidán Boquete
Daniel Seidán Boquete
14:43 21 Jun 22
It's a great staff, who is really engaged with their client's situations
Edwin Aviles
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"I don't want to lose my job" something as simple as this, you believe you wont have trouble getting worker Comp from... right ? WRONG the fact that i work even a month with a messed up knee in the job trying everything to keep it and be in good term with the company. I'm toss out. I was so lost in the process cause the fact they're were denying me cause of how late i apply for it and the fact i was still walking was more then enough reason for them to say i'm good. Wasn't having it so i came here cause i didn't know where to look and let me tell you John Paul LaBouff is the go to man/bro/boss whatever guy you need cause he'll make sure the insurance company get a run for there money literally. (Update 9/12 : WE WON I CANT BELIEVE WE WON! after many months that has pass from me being AWOL a bit and him in the background doing as much as he can to do everything he can to not only get me an settlement but to make sure I was ok and honestly the best lawyers to go to for anything not just cause of issue but really would not bat a eye to help as much as possible and I can’t express how much I’m grateful for him and his team to make all this happen. Don’t hesitate to reach out cause it’s one call that they will definitely change your life fr!🔥read more
Tameka Wilburn
Tameka Wilburn
11:47 05 Jan 22
I used their services recently for a workers compensation case. This was the best experience ever. My attorney, John... Paul always returned my calls asap. His team, Ivette, Anna and Daniel were so professional and kind. Please use them they will always help you and even when you're upset they are complete professionals. They also got me way more money than I expected. Thanks so very much guys! God bless you all and your families!read more
antonio patton
antonio patton
04:43 04 Nov 21
Everything about this business is very true. They made sure that I was taken care of and they communicated with me... throughout the whole process. I'm very thankful to have used them as my representatives. They went out and beyond. Thank you.read more
Ashley Williams
Ashley Williams
00:45 26 Jul 21
To be fully honest,  no amount of words can ever express how amazing my lawyer John Paul Labouff has been, as well as ... the best paralegal there is, Ivette Sanchez. They're a unstoppable team who genuinely worked hard on my case, as well as thorough. John Paul even brought in another attorney to advise him on my unique situation.  I will forever be grateful to them, and everyone at GA injury advocates. They worked quickly but carefully and made sure I got every ounce of what i deserved and more.  From a business stance they are air tight.  On a character level, I feel as though they are the type of friends you'd want in your life forever.   Even after my case was settled and their job was done. They were immediately there for me when I had an issue with my bank that I didn't know how to handle. They both were happy to help me sort through the issue, and encouraged me to reach out any time i needed them.I feel choosing anyone else to represent you, would be a mistake.John Paul & IvetteI personally want to say thank you so much again.  You truly changed my life to the betterread more
A Evans
A Evans
15:27 14 Jun 21
I had a wonderful experience with these guys. Made the process super simple for me. Referred me to a terrific... chiropractor after my accident. Worked hard on my case, especially Ivette, she's great.....explained everything to me step by step in great detail. The lawyers are not only very competent but empathetic and personable. I definitely recommend working with this firm.read more
karla avalos
karla avalos
03:46 29 Apr 21
The staff is very friendly and professional. Mrs. Rodriguez makes you feel like a friend. I will definitely recommend... him to family and friends.read more
David Ramirez
David Ramirez
18:37 06 Nov 20
Best car injury attorneys kn atlanta. Got the best deal for case and it was settle quickly. I would highly recomend... them. They do an excellent job. Thanks John and Ivette!!!!read more
Rafael Nieves
Rafael Nieves
00:57 21 Feb 20
GA injury advocates are a very professional Group they go the extra mile to make sure you're Happy. The staff it's very... professional as well Ivette Sanchez is a very special employees I'll use them anytime anywhere.read more
SANI MAMMAN
SANI MAMMAN
14:47 02 Feb 20
Thanks for the job well done. I really appreciate the your service. Best place to go for your accident settlement.... Thanks.read more
Beavers Family
Beavers Family
18:52 20 Sep 19
A big thank you to Rodriguez and Associates for getting me the maximum settlement for my Personal Injury claim. I was... involved in a terrible car wreck on April 1, 2019 and received my settlement on September 18, 2019! Mr. Rodriguez and his wonderful office staff were very helpful during the process and did a great job keeping me informed of the developments during my case. Mr. Rodriguez effectively negotiated the settlement with three different insurance companies in just a matter of months. I couldn’t be happier with the outcome considering the terrible circumstances. I highly recommend GA Injury Advocates. Thanks again so very much!read more
Andy Sanchez
Andy Sanchez
13:55 08 Sep 19
I got information every set of the way, Ivette is great.
Johnny Sanchez
Johnny Sanchez
13:50 08 Sep 19
Ivette does great work, always maintained me updated
Ary Reyes
Ary Reyes
14:01 31 Aug 19
Ivette sanchez stood with me until the end of the process.Kept me updated and informed me until the process was done.... 100% recommended!!read more
Kimberly .mlove
Kimberly .mlove
19:28 28 Aug 19
Ivette Sanchez is amazing!
G H
G H
13:40 04 Apr 19
Ivette is Great!!She’s very attentive and makes sure all your needs are reached. They do everything in a timely manner,... and make sure to keep you updated at all times.You are always able to reach a live person on the phone. Great staff! Highly recommended :)read more
Jose Chaires
Jose Chaires
22:10 18 Feb 19
Mr.Erkic did an amazing job with the way he handle the case.I am happy with the results that came out.He did a... fantastic jobread more
Marilly Alvarado
Marilly Alvarado
18:03 27 Nov 18
They were super amazing ! Erick Lara kept me updated on everything! Every detail i needed to know I was aware of it ! I... recommend this attorney to anyone that gets into an accident !read more
Cesar Montoya
Cesar Montoya
15:05 16 Oct 18
As a customer for years, if you like personalized and exceptional service, this firm is the one to hire. Not only do... they follow up until cases are completed, everyone in the office is a friend. You will not be disappointed.read more
Ray Aguiar
Ray Aguiar
00:54 04 Oct 18
I get requested very often to rate individuals, products and companies. I never really fulfill these requests because I... don't have time, I am not interested, or I don't have a strong reason why! Today I have a good reason and his name is Erick Lara Paiz. Erick the legal assistant with Rodriguez & Associates, a law firm that represented me in a car accident injury. Erick is a very respectful and well spoken person. He is extremely knowledgeable and always more than willing to help. Erik is great with keeping me informed with what is going on with the case. I love the fact that anytime I call with questions on inquires Erick will almost ALWAYS answer. In the event that he doesn't pick up and I leave a message, he calls me back so QUICKLY. Anybody who is looking to hire a law firm to represent them. Please give Rodriguez & Associate a call and ask for Erik Lara Paiz!read more
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