Steps of a Personal Injury Claim With Lamar Law Offices

Treatment

After signing up with Lamar Law Office, LLC you continue treating with your medical provider.  At this time you focus exclusively on receiving the appropriate are and closely following your providers instructions

Treatment Completed 

After you have completed treatment you immediately notify our office.  Upon notice that the client has completed treatment, our office begins requesting your medical records and bills from your treating providers.

File Complete

After we have gathered all of the necessary documents for your claim we will submit a request to the insurance adjuster assigned to your claim.

Negotiation

As soon as we hear back from the insurance adjuster we will notify you.  We will then begin discussing the appropriate remedy for your claim.

Closure

Once the claim has been resolved you receive a complete copy of relevant documents and your settlement proceeds.

Generally this process takes anywhere from 3 months to 6 months.  For more serious injuries this process can take 12 to 15 months. 

For additional information about your personal injury claim please contact our office at 678-819-5200.

What Is A Deposition and Why Do I Have to Go?

What Is A Deposition?

To keep it brief and to the point – a deposition is an oral statement of a witness taken under oath (the same oath taken by witnesses at trial).  A deposition consists of an attorney asking questions and the witness answering the questions.  There is a court reporter recording the testimony.

Why Do We Need A Deposition?

A deposition is useful typically for two reasons – to gain information from the witness or to preserve information the witness has. 

Why Do I Have to Attend?

All states have their own laws governing depositions but in Georgia the relevant statute is OCGA Section 9-11-30.  This statute allows for the taking of deposition as long as certain requirements are met.  Those requirements include reasonable notice in writing to every party to the action.  There also cannot be a requirement that the witness travel outside of 150 miles. 

Once those requirements are met, if a party fails to appear or engage in good faith at the deposition – the Court may hold that witness in Contempt of Court.  Contempt of Court is failing to obey a lawful order of a court, showing disrespect for the judge, disruption of proceedings through poor behavior or doing actions that could jeopardize a fair trial.  A judge may impose sanctions such as a fine or incarceration for someone found in contempt of court.

Additionally, if a party notices a deposition and then fails to appear the other party, if represented, may seek reimbursement of attorney’s fees.

A more detailed discussion on what to expect at the deposition will be covered in upcoming blog articles.

Why Choosing a Small Law Firm for Your Collision Makes Sense


From fender benders to vehicle rollovers, car accidents are one of the most stressful events a person can experience. Collisions can cause even more distress when insurance companies deny claims or refuse to provide fair compensation. When faced with these types of situations, many people turn to small law firms for legal guidance and professional representation. You may be thinking, “Wouldn’t a larger law firm provide better services?” The answer is no. Most small law firm lawyers possess the same educational background and experience as the big firms, but with a personalized touch.

Community Dedication

While many larger law firms focus on quantity, smaller firms tend to make quality the target goal. Small law firms understand the importance of cultivating a positive reputation in their community by building strong relationships with clients. Although larger law firms may be more well-known due to having more substantial marketing budgets, they often lack the local ties that make a law firm a trusted source of advocacy. At Lamar Law Office, we are privileged to serve our clients and community.

Personalized Attention

When you choose to work with a small law firm, you are hiring an attorney, not just a firm. This means you are more likely get the one-on-one attention you need and deserve. After a collision, it is common to not only suffer the physical effects of the accident, but also the mental and emotional impact. Having a dedicated lawyer by your side to explain things and guide you through the sometimes long and complex legal process can be comforting. With a small firm, you also do not have to worry about getting passed on from lawyer to lawyer which is a common practice in larger firms.

Better Communication

Good communication is of the utmost importance when faced with a serious legal case. Clients do not want to wait days to hear back about the status of their claim or have to make numerous phone calls to get in touch with their lawyer. As small law firms have fewer clients that they work with simultaneously, it is often easier to maintain open communication. Instead of being shuffled from one support staff to another, you will find that you have a direct line to your lawyer and your lawyer will respond to your inquiries in a timely manner.

Higher Efficiency

Bigger is not always better. The larger the law firm, the more clients that each individual lawyer must take on. Even the most organized and attentive attorneys can have trouble keeping up with building workloads, often resulting in delays and possible errors. Having fewer clients allows small law firms to work more closely with clients to better understand all aspects of a case. Lawyers of small law firms are also able to perform necessary tasks and complete legal documents and other paperwork in a shorter timeframe, allowing clients to recover damages more swiftly.

Affordable Costs

It is normal to be concerned about legal costs after a collision. It makes sense that your finances may be hindered due to lost wages or unexpected medical bills. Working with a small law firm will allow you to get the legal representation you need without breaking the bank. Small law firms have less overhead than larger firms and these savings are passed on to the clients.

More Flexibility

Not every law firm that you go to will be willing to accept your case. Larger law firms often prefer to take on higher-profile cases that will put their name in the limelight and result in bigger profits. These higher profile cases can also take up a majority of a lawyer’s time, leaving few work hours open for low-profile cases. Smaller law firms are much more flexible and accept smaller cases and value them no different than the higher-profile cases.

No Case Is Too Small

As a paying client at an established law firm, you should expect your case to be a main priority at the law firm that represents you. At a larger law firm this will likely not be the case. Larger law firms are not able to give every client the individual attention that they expect due to having an abundance of other cases. This means that smaller cases, such as car accidents, are often put on the backburner. When working with a smaller law firm, your case is often handled with priority. Your claim is taken seriously from the get-go and processed with urgency.

At Lamar Law Office, we value every case and give each client the same level of attention. Our brand has a strong focus on care. We care about each and every client.  Our care for our clients is evident every aspect of our practice. We regularly contact our clients to ensure that they are up-to-date on any changes in their case. Immediately upon signing, our clients become part of the family. We understand that each client is equally important and that the outcome of their case can have a serious effect on their future. We achieve personal satisfaction from earning the trust and confidence of our clients.

Hiring a Small Law Firm

It is important to act fast after a collision. You want to have your legal rights protected following a car accident to ensure that you are not found financially responsible for someone else’s negligence. Small law firms have the experience, education, and legal knowledge needed to handle negotiations with insurance companies and prove liability for any injuries sustained during the collision. They will  help victims obtain a fair settlement for damages. If you or a loved one has been involved in a collision, put your case in the trusted hands of a small law firm.

For more information call us 877-CARE-404 or email us at info@atlantalegalcare.com.  Fore more tips like this one please visit us at https://www.atlantalegalcare.com/lamar-law-office-blog/.

Three Reasons for Denial of Your Auto Claim

Three Reasons For Denial Of Your Auto Insurance Claim

After you’ve been involved in an auto accident, you’ll need to contact your insurance company, especially if you suffered damage or severe injuries that required medical treatment. Unfortunately, insurance companies can, and many times do, deny your claim. If they deny it, they’ll usually explain why, but you’ll be left wondering if you did something wrong or if you have legal recourse. Here are three common reasons why car accident claims are denied by insurance companies.
While there’s no way to know what an insurance company may say about a claim until it’s filed, when it’s denied there are some common reasons as to why, including:

The Accident was Avoidable

Many people who have been involved in insurance claims after accidents will likely agree that a big reason why insurance companies deny claims is that they say the accident was avoidable, or that your own carelessness caused the accident.

Failure to Receive Medical Treatment

It’s possible the insurance company will argue that if you were injured as a result of the accident, your first priority would have been to see a doctor right away. If you did not, the insurance company may claim they don’t have any obligation to pay the claim.

Pre-Existing Condition

If you have a pre-existing condition or injury, the insurance company may argue that your condition, rather than the incident, caused your pain and injuries, and subsequently, deny to pay the claim.

If You’re In a Car Accident

It’s very important that you seek medical treatment immediately after your accident. You’ll want to ensure you have a record of treatment and that the record is accurate. Your best bet is to contact an experienced law firm immediately so they can help you work with the insurance company to get you the best results possible.

The Fifth Amendment Right to Remain Silent

The Fifth Amendment Right to Remain Silent

One of the biggest and most common mistakes that people accused of crimes make is to speak to police or prosecutors prior to speaking with their attorney. The police will record and use any statements made by a person accused of a crime against them in court. That is part of a police officer’s job. Too many times, those arrested for crimes think that if they are cooperative that the police will go easy on them—it almost never works that way.
Fortunately, in the United States, when people are arrested, they do not have to talk to the police at all. All of us have a constitutional right to remain silent when questioned by police or prosecutors. The only thing that anyone who has been arrested should say to the police is that they would like to remain silent until they speak to their attorney.
The Fifth Amendment of the United States contains a clause which states that no person “shall be compelled in any criminal case to be a witness against himself.” This clause includes the right to remain silent when questioned by police. No person in America can be compelled to incriminate themselves, meaning that police, prosecutors, and judges cannot force you to say anything that could help the state convict you of a crime.
This Fifth Amendment right is crucial to our criminal justice system. Without this right in place, police and prosecutors could compel and coerce confessions. In the past, this led to many wrongful convictions. In fact, in many countries today, police still routinely rely on coercion and even torture to get confessions. Of course, many of these confessions are false. The Fifth Amendment right against self-incrimination exists to prevent this coercive and unjust practice.

This right is so important that the United States Supreme Court, under the landmark case Miranda v. Arizona (1966), has held that police are required to notify anyone they take into custody of their Fifth Amendment right to remain silent. If the police fail to notify a person that is in custody of this right, any information they learn from interrogating that person is typically inadmissible in court.

Not only must anyone taken into custody be informed of their right to remain silent before being questioned, but police must also stop questioning a person immediately if that person invokes their Fifth Amendment right to silence. In the words of the Supreme Court in Miranda:
“If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease… If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning.”

 

Always Consult With Your Attorney Before Speaking to Police or Prosecutors

Anyone who has been arrested or otherwise is being targeted as a suspect and questioned by police should exercise their Fifth Amendment right to remain silent. And, anyone who has been charged with a crime should call an experienced criminal defense attorney immediately. If you have been arrested, you should never talk to police until after you have consulted with your attorney.

If you are accused of a crime, it is crucial to protect your constitutional rights. Your freedom, livelihood, and reputation can depend on it. If you would like more information about this issue, please contact us today.

Steps To Take Following An Accident

Don’t Leave the Scene of the Accident

Stay at the scene where the accident occurred until you’ve exchanged information with the other driver and called the police, if necessary. If you leave the accident scene before the appropriate time, you can face significant criminal penalties as a hit-and-run driver.

Check on All Passengers in the Car

Safety comes first: assess your state and the health of everyone else in the car. Call 911 for medical help immediately for anyone who requires it. If any passenger is unconscious or has neck or back pain, avoid moving them and let medical professionals extract them from the crash.

Call the Police

There are many cases after an accident where you’ll need to call the police. If there’s physical injury, death or significant damage to private or public property, you’ll want the police to help you file a report at the scene. Take down the name and badge numbers of the police officers or sheriffs who respond so you can follow up with them after the accident. One thing you’ll want to obtain from them is a copy of the police report filed, for your records.

Exchange Information with the Other Driver(s)

Write down the names, phone numbers, addresses, license plate numbers, driver’s license numbers and insurance information from all drivers who were involved in the accident. You also want to take down the names, numbers, and addresses of any passengers in the other cars involved.

Although it’s important to be cooperative with other drivers, avoid apologizing for any role you may have played. You might admit a legal liability for what happened before all the details of the accident are clear. Also, in many states, fault doesn’t determine which driver’s insurer will pay for damages.

Talk to Witnesses at the Scene

After you’ve communicated with the other parties involved, take inventory of any witnesses on the scene. Sometimes, there are no witnesses. However, some accidents cause traffic hold-ups where you’re able to have a word with onlookers. Try to take down their names, numbers, and addresses. Ask each witness to describe what they saw happen. Ask if they’ve seen accidents at this scene before, as you may be able to use this information later.

Take Pictures

Snap some quick photos of any damage your vehicle sustained. If you’re not injured, you can do this right away at the scene. However, it’s not too late to take photos later once your car has been towed or driven away. Your insurance company will want these pictures to help determine the total cost of damage to the car. If you have a picture of the car before the accident, you can include that as well to show the full extent of damages clearly.

Contact Your Insurance Company

Reporting the accident to your insurance company. This procedure may be different for each company. There may be a hotline you can call, or you may need to log onto their website and report the accident there. Tell them as much information as you have and describe the extent of any injuries you or your passengers obtained. It’s very important to tell the truth to your insurance company, or you could be denied coverage for lying. This is a good time to take out your copy of the police report if there was one, so you can confirm that your facts are correct about what happened and what laws (if any) were violated. You’ll also want to submit any pictures you have of your vehicle’s damage.

Hold onto Your Medical Records

If you endured injuries during the accident requiring medical attention, keep account of all the medical treatment you receive after the accident. Record the names of doctors, physical therapists and other medical professionals that provide you treatment and ask for copies of your medical reports and bills. Besides medical treatments and expenses, try to document how your injuries affect your daily life—including missed work, activities you can’t undertake and burdens placed on family members.

Get a Property Damage Valuation

You’ll want to have your own copy of the damage valuation from your insurance company. If you aren’t happy with the valuation of your vehicle, get one or more third-party quotes for vehicle repair or replacement.
Show these quotes to your insurance representative. If you can’t come to an agreement on the valuation, consider hiring an attorney.

Hire an Attorney

If there were any injuries involved in the accident, it’s a good idea to get an experienced attorney. They can maximize your recovery if you were injured, or adequately defend you if you’re the party at fault. Find an accident attorney who works on a contingency fee basis. This way, you’ll only owe your attorney if you get awarded damages or receive a settlement.

Proving Your Damages in a Personal Injury Lawsuit

As the victim in a car accident, you are entitled to seek financial compensation for your injuries in addition to quality medical treatment. Even when you share blame for the accident, in some circumstances you can seek damages from the other responsible party. You have the right to receive money for your injuries, especially if you are no longer able to work.
There are two types of losses in a personal injury lawsuit, pecuniary losses and non-pecuniary losses. Pecuniary losses are the losses that you can measure. These losses can include lost wages because of your injuries, property damage because of the accident, and any other monetary loss that has a specific value directly related to the accident. Non-pecuniary losses are more difficult to measure, as they are subjective in nature. Non-pecuniary losses can pain, suffering, or loss of enjoyment. In general, the more severe your injuries are, the higher your non-pecuniary losses will be.

Proving Your Damages in a Personal Injury Lawsuit

How you prove your damages is going to take some time and effort. While you can easily prove the cost of repairing your car by providing a bill, proving your non-pecuniary losses will take some work. You will need to work closely with your treatment team to ensure that you are getting the proper medical care you need in order to heal. While your goal is to recover fully, attending treatment also provides you with the medical documentation necessary to prove the extent of your injuries. As you go through treatment, pay attention to any recommendations and follow through with treatment.

Meeting With Your Care Providers

Every time you go to a medical appointment, it’s important to be clear about your injuries. You will need to be honest with your doctors and listen to their medical advice. If you start missing appointments, it will appear as if you aren’t as injured as you are claiming to be. When you meet with a treatment provider, keep a log of your visit at home. This way, you can keep track of everyone you have seen to treat your injuries because of the car accident. Make a note how about how you are feeling that day and if you learned anything new about your injuries or treatment options.

When you have been in a car accident, determining fault can make a big difference in your case. If you are found 10% at fault, for example, you will receive more money than if you are found 40% at fault. A judge will look at your overall compensation and then subtract money for your percentage of fault. Talk with your attorney if you are concerned about the accident report and believe that it needs to be corrected. The lower your fault percentage, the higher percentage of compensation you will receive.