Settling a personal injury claim stemming from a car accident in Georgia can be a very lengthy and tedious process. Every case is unique, and while some may reach settlement relatively quickly and easily, others can drag on for months or even years, depending on the complexity of the case and the extent of the injuries sustained.
At Zdrilich Injury Law, your need for medical attention comes first. In a perfect world, every client would have a small claim brought to a swift conclusion – your health is more important than any money we can get through any settlement or verdict. However, our clients often suffer serious or even life-altering injuries, whether it be whiplash, concussions, serious orthopedic or neurological injuries. The treatment required to bring them back to MMI (or “maximum medical improvement”) varies. We are committed to finding our clients the treatment and the providers that will restore their lives. Only then can we assess their damages and reach a settlement or verdict in their case.
It is still important to contact an attorney as soon as you have been injured, as he or she has plenty of preliminary work to do. While you are receiving medical care, your attorney can:
Once your medical care is complete, your attorney will file a request for all medical records and bills from your doctor and treatment facilities. Typically, it will take roughly 45 to 60 days for your lawyer to receive these documents.
Once received, your attorney will prepare a demand package. This process usually takes about one week. Once prepared, your lawyer will send the demand to the other party.
Our pre-suit demands are designed to maximize your recovery.
Pre-suit demand upon the liability carrier pursuant to O.C.G.A. § 9-11-67.1 gives the insurance company an opportunity to settle your claim within the thirty days provided
Any claimant in a tort claim for personal injury, bodily injury or death arising from use of a motor vehicle shall be in writing and shall contain the following:
The demand must include all medical bills and records arising from the incident.
The claimants may serve a pre-suit demand upon the liability carrier pursuant to O.C.G.A. § 9-11-67.1.
Where an insurance company fails to exercise proper care in its defense of the claim and, as a consequence no settlement is reached within the policy limits, the insurer is subject to liability for the entire amount of the judgment, even where that judgment exceeds the liability policy limits otherwise payable.
The demand process for UM claims is similar to that for liability claims. For uninsured or underinsured motorist claims, with the review and approval of our client, we may elect to send out a pre-suit demand. Pursuant to O.C.G.A. § 33-7-11(j), your underinsured or uninsured motorist carrier has sixty (60) days to timely respond to our demand. If the carrier fails to pay the demand within the 60 days, and a finding is made that such refusal was in bad faith, the insurer shall be liable to the insured in addition to any recovery under this Code section for not more than 25 percent of the recovery or $25,000.00, whichever is greater, and all reasonable attorney’s fees for the prosecution of the case under this Code section.
Taking these steps gives you the best chance of getting the top dollar for your claim before suit and preserves your right to collect interest and attorney’s fees down the road if the insurance carrier does not do the right thing.
You and your attorney will typically receive a response to the demand in 30 days (liability claims) to 60 days (uninsured motorist claims). If you are not satisfied with the first offer, you may counter-offer, and this process will continue until you are happy with the settlement offer or you and your attorney decide to take the case to trial.
If you receive an agreeable settlement offer, your attorney will send a confirmation letter, and you should receive a settlement check in about one month.
If, however, you and your attorney decide to go to trial, the case may be in litigation for up to a year or more.
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Zdrilich Injury Law is committed to helping injured Georgians receive the money they need to recover physically and financially after an accident.
Zdrilich Injury Law, LLC providers one-on-one representation to car accident, truck accident and workers’ compensation clients in Georgia.
770-691-1680
PRACTICE AREas
CONTACT INFORMATION
Duluth Office
3575 Koger Blvd. Ste 125
Duluth, GA 30096
Phone:
(770) 931-9604
Savannah Office
123 Canal St. Ste 201
Pooler, GA 31322
Phone:
(912) 888-1111
Alpharetta Office
11545 Parkwoods Cir. Ste B
Alpharetta, GA 30005
Phone:
(404) 888-1111
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