Legal Question in Personal Injury in Georgia

Not satisfied with claim offer - do I need a lawyer?

Was rear-ended on 4/17/02 - other driver was at fault and was cited for following too close. I suffered soft tissue injuries - bruising, cervical and thoracic sprains/strains. Saw my doctor several times, had x-rays taken and medications prescribed, also underwent physical therapy for two months. Due to the injuries received, I was unable to hold my newborn son for at least a week and was advised not to lift him for several weeks. Total medical bills of $3000 and lost wages of $1000. Two months after receiving my initial claim demand for pain, suffering, lost wages and emotional damage, the other party's insurance co has offered less than 2x medical specials. I feel this is too little and they are refusing further negotiations saying my demand is ''unreasonable''. Is is time to get a lawyer involved and what happens if I do?


Asked on 8/28/02, 9:38 am

2 Answers from Attorneys

Kenneth L. Shigley Chambers, Aholt & Rickard, LLP

Re: Not satisfied with claim offer - do I need a lawyer?

This is the sort of injury case that some insurers classify as "MIST - minimum impact soft tissue" in order to systematically abuse the victims. Allstate, State Farm and some other insurers have become infamous for the way they handle such cases. They typically make a lowball offer and then steadfastly refuse to negotiate.

Your only options may be to either take what they offer or hire a lawyer who is willing to take cases of this size to trial. My current workload unfortunately does not permit me to take on this case. You might be best served by hiring an aggressive younger lawyer who is familiar with advanced techniques for trying these cases and needs the trial experience. Anyone you hire for this case should be familiar with "MIST" and "Collosus," should have attended recent continuing legal education programs on how to try these cases (such as the recent ATLA convention in Atlanta), and should sound enthusiastic about the opporutunity to put that knowledge into action.

If you contact me directly I'll try to steer you to someone.

You should be aware that there is a two year statute of limitation for personal injury cases in Georgia. Any suit must be filed by the second anniversary of your injury.

Read more
Answered on 8/28/02, 9:56 am
Robert Windholz Robert S. Windholz, Attorney At Law

Re: Not satisfied with claim offer - do I need a lawyer?

Even with an attorney you may not net a great deal more than you can get now. The injury discussed does not seem highly compelling in a jury context because the time parameters of injury are short. If you seek to have a trial the expenses of suit will further dig into your net.

Take the money and run!

Read more
Answered on 8/28/02, 10:17 am


Related Questions & Answers

More Personal Injury Law and Tort Law questions and answers in Georgia