Welcome Back to “Do I Need A Lawyer?”
Thanks for starting your day with us here on the CW Network.
I’m Gary Martin Hays.
The consultation is free, completely confidential, and there is no obligation.
Here’s one easy thing you can do right now. Take out your cell phone and enter my number in as one of your contacts (770) 934-8000.
Car Wrecks in Georgia – Personal Injury Damages – Part 1
Now let’s go to a question from one of our viewers:
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Mason, thanks for the question. I am very sorry your wife and daughter were injured.
Philip: Gary, thanks for having me.
I completely understand why Mason is angry.
Not only are they putting their life at risk, but they are also putting everyone else that shares the road with them in harm’s way.
And to illustrate this point even more, let may share some facts about drunk driving.
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12 oz. of beer = 5 oz. of wine = 1.5 oz. of liquor
-All these drinks contain the same amount of alcohol
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Only time can make a person sober. Drinking Coffee, exercising, or taking a cold shower will not help.
Philip: Gary, let me give you and our viewers some more sobering statistics:
* Every day in America, on average, 28 people die as a result of drunk driving crashes.
* An average of one out of very 3 people will be involved in a drunk driving collision in their lifetime.
Gary: That is hard to imagine. 1 in 3 will be involved in a drunk driving crash in their lifetime.
Well let’s answer Mason’s question.
Does he need a lawyer and how would you help him?
Philip:
Philip: By compensation, we would pursue damages against the defendant to compensate Mason’s wife and his daughter for the following:
* Prescription charges
* Any lost wages
* And money for their pain and suffering and emotional suffering.
Gary: Now let’s talk about punishment.
Philip: Ok, but let’s break this up into two areas – criminal and civil.
The punishment I’m talking about is in the civil arena.
We will go after the Defendant driver for punitive damages.
Gary: And what are “punitive damages”?
Philip: These are damages the law allows us to pursue to PUNISH a defendant for their bad conduct, and to DETER the defendant from repeating the bad conduct.
Because the defendant caused the wreck while driving under the influence of alcohol, Georgia law allows us to seek punitive damages.
Gary:
Philip: I’d be happy to hang around.
Gary: We’ll take that break but let me stress to you.
If you or someone you love has been injured by a drunk driver, please give us a call right away to discuss your potential case.
Our intake specialists are standing by right now to speak with you.
My law firm handles social security disability claims and Jason Mosteller is the attorney that manages that department for me.
Do I need a Georgia Attorney – Social Security Disability Benefits
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As a result of an injury a few years ago, I had to undergo a surgery.
The doctor fused a couple of my vertebrae in my lower back.
Now the pain has become unbearable and I can no longer work.
I’ve applied for social security disability and was just denied.
Do I need a lawyer?” On the web
Gary: Well let’s talk about the process. I know the social security administration has a 5 step process they follow to determine if a person is disabled and eligible for disability benefits.
I’d like for us to go over the 5 steps now for our viewers.
Jason: They will look to see if you engaged in “Substantial Gainful Activity” – which means did you work and earn more than $1,040.00 per month in 2013, then you are not eligible to receive social security disability payments.
Jason: The applicant’s condition must interfere with the person’s ability to do their job for it to be considered “severe”. The condition must prevent you from working for at least 12 months. If it is, then we go to the next step.
Let’s talk about the list for adults.
The list is broken down into 14 categories by body system.
These include musculoskeletal, your senses – including speech, respiratory, and cardiovascular.
If the applicant’s condition is not listed, then the department will determine whether or not the condition is equal to one of those disabling conditions on their list.
Gary: Step # 4:
Is the applicant able to perform the same work they did in their past?
Tell us about this step.
Jason: If the claims examiner at the social security administration believes that the applicant is able to do the same kind of work they have done in the past, then they will deny their claim for benefits.
Is the applicant able to do any other work?
So if you can’t do the same kind of work you did in your past, the examiner wants to find out if you can do any kind of work? Explain that for us.
Jason: The claims examiner will look at your application. They review your medical condition, your age, what job skills you may have, and your educational background. Then they look to see if they believe you are capable of doing other types of work in the economy. If so, they will deny your claim.
Gary: Assume someone gets through this 5 step process. what are the chances the person will be approved for social security disability on their initial application?
Jason: Very poor. Between 1999 and 2009, on average only 28% of social security disability claims were approved on the initial application.
Gary: What happens if your case falls in the 72% category – where your initial application is denied by the social security administration?
Gary: When should a person get an attorney involved in the social security process?
But please – make sure you speak with an attorney that is a specialist in this area of the social security law.
You have absolutely nothing to lose by calling a lawyer, but think of all you can lose if you don’t!
Just pick up the phone right now and give us a call at (770) 934-8000.
Our intake specialists are standing by right now to speak with you.
You owe it to yourself – to your family – to get the help you need.
So give us a call right now. (770) 934-8000.
What are the things YOU must prove in your personal injury case?
Good morning!
Thanks for joining us!
I’m Gary Martin Hays.
If you have a question you would like for me to answer, or if you would like to speak with me regarding a potential claim, please pick up the phone and give us a call right now. (770) 934-8000.
The call is completely confidential, there is no obligation, and the consultation is free.
Now let’s go to the next question from one of our viewers.
Gary: My wife and I were hurt in a car accident about a month ago. We were not at fault. I am ok but my wife is not. The other driver slammed into the passenger side door where she was riding. She is still treating with the doctor. We are already getting a lot of medical bills in the mail. If we hire a lawyer, what do we have to prove to be able to recover from the driver’s insurance company? -Jeff in Decatur
Transcript:
Jeff – thanks for the question though I’m sorry to hear about your wife’s injuries and the wreck.
There are several things we have to prove in these personal injury claims:
* Someone was negligent in causing the wreck (besides our client);
* We have to prove the damages our client sustained in the wreck.
This may sound somewhat complicated so let me break down each of these elements for you:
Do I Need an Attorney – Nursing Home Neglect Law Firm
She was severely dehydrated and her sheets and undergarments were soiled. I could tell they had not been changed in some time. She also had developed a bad ulcer in the lower part of her back because they were not turning her in the bed. I got her cleaned up and arranged for her to be moved to a facility near my home in Johns Creek. On the web
We have to prove that someone (besides yourself) was at fault for causing the wreck.
The injured party has the burden of proof in showing that the Defendant driver was negligent in causing the wreck.
For example:
When the defendant rear-ends your car because they did not maintain a safe following distance or they failed to keep a proper lookout of the road ahead, they were negligent.
When the defendant rear-ends your car because he did not get his brakes repaired, even though he knew they were not working properly, he is negligent.
Other examples could include:
Speeding or traveling too fast for conditions
Tailgating
Driving under the influence of alcohol or some illegal drug
Driver fatigue because they drove their tractor trailer more than Federal law allows
Proximate Cause:
Once we prove the other driver was negligent, then we must show that this negligence was the proximate cause of your injuries.
Here is an example:
You have a green light allowing you to proceed straight through the intersection. The Defendant is traveling in the opposite direction.
He does not see you and he attempts to turn left in front of your car and crashes into your vehicle. You sustain a broken arm and leg in the crash. His failure to yield while turning left is the proximate cause of the collision and your injuries.
(3) Damages:
Damages could include compensation for:
Medical bills, including:
-ambulance
-emergency room physician
-radiology
-medical doctors and specialists
Lost wages:
Transportation costs
This is clearly money that is coming out of your pocket that you would not have lost if the car wreck never happened.
You should be compensated for this loss.
Keep track of your round trip mileage to these appointments and save those parking receipts!
FUTURE medical expenses
No one has a crystal ball to tell you everything the future is going to hold for you medically. However, doctors can sometimes tell us to a reasonable degree of medical certainty what they anticipate you will incur should you eventually need a surgery or have to undergo some additional tests.
The key component to making a claim for these future medical expenses is to get a doctor’s narrative addressing the medical needs, why they are necessary, how they were caused by the wreck, and the costs of the procedure(s).
FUTURE lost wages:
The future lost earnings cannot be speculative and you must have documentation to substantiate your claims.
Punitive damages:
Sometimes the defendant’s conduct in causing the wreck or his actions immediately after the wreck are so egregious that the law allows us to seek additional damages known as punitive damages.
The purpose of punitive damages is to punish, penalize, or deter the Defendant from repeating the conduct.
For example, punitive damages can be sought in wrecks where:
There is a legal presumption under Georgia law that a person is driving under the influence if their blood alcohol level is above .08.
General damages are designed to compensate an injured victim for losses such as pain and suffering, emotional suffering, hardship, or inconvenience.
General damages are hard to quantify for everyone and are highly subjective, so the law instructs the judge or jury to assign these damages on an individual basis.
There is an old saying that “[T]he easiest pain to bear is someone else’s.”
There is a lot of truth to that statement.
It is a challenge to get a jury to understand the degree of pain and suffering someone experiences because of a wreck.
This is clearly one of those areas where an experienced personal injury attorney can help argue the specifics of your case to the insurance adjuster.
Now – if you have questions about a potential claim, please give us a call.
You have absolutely nothing to lose by calling a lawyer, but think of all you can lose if you don’t!
Just pick up the phone right now and give us a call at (770) 934-8000.
Our intake specialists are standing by right now to speak with you.
The consultation is FREE and completely confidential.
And I encourage you – if you don’t call us, please call someone to help you with your claim.
You owe it to yourself – to your family – to get the help you need.
So give us a call right now. (770) 934-8000.
And stay tuned for more of “Do I Need A Lawyer”
We’ll be right back.
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