Answering Your Personal Injury Questions

For longer than five decades, attorneys at Gammon, McFall & Villarreal in Cedartown have provided straightforward legal advice to victims of accidents throughout Georgia. We represent clients who have been injured in all types of accidents, including motor vehicle crashes, and slip-and-fall accidents, as well as accidents caused by dangerous or defective products.

For answers to your questions about personal injury and your case, call Gammon, McFall & Villarreal at 770-574-4925.

What compensation can I expect from a personal injury claim?

The most common types of compensation given in a personal injury case are medical expenses incurred, future medical expenses, lost wages as well as past and present pain and suffering. Punitive damages are much rarer and often only possible in extreme cases, such as car accidents caused by drunk drivers.

Should I accept the insurance company’s offer?

Many times, insurance adjusters want to move quickly to save their company money. They may offer you a nominal amount of money if you sign a release, which would bar you from seeking further payment from them. Before you accept their offer, however, you should get a comprehensive medical exam and speak with a skilled personal injury attorney.

Often, after an accident, injuries can reveal themselves at a later date. You may discover increasing back pain or a closed-head brain injury after a few weeks have passed. Our lawyers can help you negotiate with the insurance company to have your medical expenses covered now and in the future.

At our firm, we offer a free consultation. So, it won’t cost you anything to have us look over the insurance company’s offer and let you know how we can help you.

What can I do to help my case?

It is not uncommon to feel helpless after an accident. You want to hold the negligent party accountable, but you just aren’t sure what to do. You can take action and help your case by:

• Taking detailed notes – Any time you speak with a person from the insurance company or another party, take detailed notes of the time of the call, who you were speaking to, and what was discussed on the call.
• Getting copies of police reports – Seek out copies of police reports and other crucial evidence. You can often obtain a police report seven to 10 days after an accident.
• Not signing anything – It is vital that you do not sign anything from the insurance company before having it reviewed by a lawyer. We can look over your documents in a free consultation.

For personalized advice, consult with an attorney as soon as possible after suffering an accidental injury.

Who pays my medical bills?

One thing many of our clients are confused about is how your medical bills as you get them are paid. You expect the negligent driver’s insurance company to pay. However, the negligent driver’s insurance company will only pay once your treatment is complete, which is often long after the bills start rolling in.

Unless you have medical payments coverage as part of your insurance policy, you can expect to be asked to pay your medical bills upfront. If your accident claim is successful, reimbursement will come down the road for medical expenses you incurred as a result of your accident.

Who pays my medical bills if the driver is uninsured or underinsured?

If you have uninsured motorist coverage, then your insurance provider will cover your medical costs in the event that you are in an accident with an uninsured or underinsured motorist. If you do not have this coverage, it would be a good idea to get it for the future.

There are two types of this coverage. The best type is excess, meaning that if the underinsured driver has only $25,000 in liability coverage and you also have $25,000 in uninsured coverage, you can stack the insurance and secure up to $50,000 in coverage. With traditional, or nonstacking, insurance in this same scenario, you would only receive coverage up to $25,000.

Are personal injury settlements taxable in Georgia?

In the state of Georgia, the tax implications of personal injury settlements can vary. Settlements for physical injuries or illnesses are typically not taxable, which means you wouldn’t report the settlement amounts for these particular damages on your tax returns.

On the other hand, you would be expected to pay taxes on punitive damages and any interest that accrues on the settlement. Additionally, if you receive compensation for emotional distress that isn’t directly related to a physical injury, it may be subject to taxation.

What is the statute of limitations in Georgia for personal injury lawsuits?

Regarding the time limits for filing a personal injury lawsuit in Georgia, you generally have a two-year window starting from the date the injury occurred. This is the standard timeframe for initiating legal action in the civil courts of Georgia for such cases.

Certain circumstances might modify this deadline, either lengthening or shortening it, so it is advisable to seek personalized legal guidance to understand how the statute of limitations applies to your particular case.

We’re Ready To Answer Your Questions

For additional personal injury FAQs and answers to your questions, contact our personal injury law firm in Cedartown, Georgia, by calling 770-574-4925 for a free initial consultation. You may also complete our online contact form. For your convenience, evening and weekend appointments are available by request.