Helping the Hurt Personal Injury Lawyers

We know the struggle that every personal injury client faces and the financial impact of an accident injury and we dedicate our attorneys time and energy to making each client feel appreciated and make sure their personal questions and needs are met.

At Helping the Hurt, our Nationwide team of Personal Injury Attorneys have positioned themselves as trial lawyers who are not willing to accept inadequate settlements for their clients. While each case is different, our attorneys are not hesitant to go to court, even against prominent insurance companies and product manufacturers.

Is It Dangerous to Drive While Sick or Ill?

Should you drive yourself to the hospital if you’re suffering from coronavirus, the flu or another illness?

Everyday, Americans suffering from either illness or injury will attempt to drive themselves to the hospital to seek treatment. But due to distractions brought on by pain or fever, they sometimes end up not making it to their destination. Sometimes they cause a serious car accident.

When possible, it’s highly recommended to have someone drive if you are suffering from a disease, illness or injury.

Take it from this writer, who was suffering from flu-like symptoms a few weeks ago, that attempting to drive yourself to a hospital or urgent care can be a bad idea. I was sick enough not to be paying close attention and was nearly involved in 2 car crashes in the short drive to urgent care. While I was sick and distracted, I was cognizant of the fact that I had 2 close-calls within the span of a few minutes. On my return trip home, I was much more focused and didn’t have any issues.

When you’re suffering from body ache, fever, cough and congestion, you’re not at your best. This can lead to driving oversights. The last thing you want is to end up crashing while trying to seek treatment – or worse, getting killed.

Ask your partner, a friend or even a neighbor to transport you when you’re feeling sick. If needed, call an ambulance.

Helping the Hurt Personal Injury Lawyers

What to do if you think you might have coronavirus?

An important note about coronavirus:

Authorities are asking people who think that have COVID-19 not to just show up at a hospital or doctor’s office. Instead, if you are feeling unwell, please call your doctor or a healthcare professional first to tell them about your symptoms.

They’ll be able to advise you on what to do next. This recommendation is important to avoid potentially exposing others to the virus.

What are the symptoms of COVID-19?

Many people are aware of the regular flu symptoms – chills, cough, congestion, muscle aches, runny nose, fever and sometimes vomiting and diarrhea.

But what does coronavirus add to the equation?

As far as symptoms, they are practically identical as the flu. For older people or people with underlying medical issues, the illness can be more severe and lead to pneumonia or create breathing difficulties. People over the age of 70 with heart problems, diabetes or asthma are more vulnerable to the virus.

One of the complications coronavirus adds to the equation is that it seems to be slightly more contagious than other viruses and symptoms may appear 2-14 days after exposure, so discovering where you were exposed to the virus and determining its incubation period can be difficult.

Is driving while sick negligent?

Local news outlets in Georgia have published a myriad of stories about injured drivers getting themselves to the hospital for treatment. For example, one Atlanta man was shot in the head – twice – on I-20 and then drove himself to the hospital.

But doing so isn’t always advisable.

In fact, driving while ill or injured could open you up to a negligence lawsuit.

One Cardiff University study showed that driving while suffering from a cold could be just as dangerous as driving while intoxicated.

“People with a cold had slower reaction times than those associated with drinking,” said Cardiff University professor Andy Smith in an interview with The Daily Mail.

In the study, researchers found that when a driver sneezes, they take their eyes off the road for an average of 3 seconds, and a heavy cold can reduce a driver’s situational awareness by up to 33 percent.

While Georgia does allow a “sudden medical emergency” defense (meaning drivers who suffer a loss of consciousness or capability that is sudden and unforeseeable may not be held liable for any negligent acts committed as a result), being sick while causing a car crash can leave a driver open to liability.

What’s more, the Sudden Medical Emergency defense may not apply if you crash while driving sick with a flu, cold, or COVID-19 since it may be difficult to prove that your condition was sudden or unforeseeable if you were displaying symptoms before you got behind the wheel.

Seeking medical treatment is a natural and good urge when a person contracts symptoms of the flu or other illness. Just don’t try to drive yourself to the hospital or doctor.

If you don’t have a family member or friend you can ask, call a taxi or Uber — or an ambulance in the worst case scenario. Just try to avoid coughing or sneezing on them while you’re in the vehicle.

Stay healthy out there, my fellow Georgians!

Bodily Injury Lawyer

In response to the growing concerns over the novel coronavirus disease 2019 (COVID-19), some states have issued mandatory statewide orders to close non-essential businesses. Essential businesses consist of service workers such as police officers, utility companies, hospital workers, EMS, and (in this context) even grocery store workers. These workers help maintain our safety, supplies, and even our sense of social stability. Restaurants, night clubs, movie theatres, and similar businesses are deemed non-essential. Many of these workers are being sent home.

For many people, no work means no income.

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So how can you live if you aren’t working? And for parents who are still allowed to work, the public schools are closed and the need for daycare services is suddenly a real issue. How can you make ends meet?

The Washington Post recently reported that the first wave of U.S. layoffs is already upon us due to the coronavirus. The bottom line for many families in the coming weeks and months is going to be financial survival.

Accordingly, if you are dealing with an ongoing insurance claim involving bodily injuries, you may be asking:

Should you go ahead and settle for less than the full value of your insurance claim?

Many victims of an auto-accident are currently debating if they should take the last offer made by the insurance company.

What should you do? The most honest answer is two words: it depends.

Should you settle your car accident claim?

If Your Forced To Settle

The truth is, not everyone is in the same situation. Some of us live paycheck-to-paycheck and are simply doing the best we can. When you throw an unexpected curve ball into the mix, such as the coronavirus, there are new factors to consider.

But details aside, if you are facing certain unexpected financial stressors because of a layoff, mandatory shut down, daycare needs or simply the need to stock your kitchen pantry, it may be totally reasonable for you to move forward and settle your case with the insurance company.

As the old saying goes, “a bird in the hand is worth two in the bush.”

It’s worth noting that many insurance companies are having their adjusters work remotely from home. This being the case, you should still be able to reach your adjuster by phone or email with no abnormal delays.

Settlement agreements can also be sent by email and returned using the photo app on your smartphone. If you need a notary to sign off on the release, you may check your local bank to see if one is available.

Many claims departments are fully capable of setting up direct deposit into your banking account. In fact, insurance carriers prefer this method. It is fast, easy, and the money is in your bank account before you know it.

If you don’t have to settle

As we’ve already mentioned, we are all in different places financially. For some, there is no financial stress felt as a result of the coronavirus. With money saved and credit cards on standby, some have no need to rush any part of their injury claim. If this is the case for you, then make a decision that seems best for you and your family.

If you have withheld settlement with the insurance company because you feel their offer is not enough, keep on doing what you’re doing. The time will come when the challenges caused by the coronavirus will pass.

For now, focus on your family, and the safety and wellbeing of those around you. There will be plenty of time to finish up your claim at a later date.

Just watch out for the statute of limitations in Georgia. If you have not settled your claim after 2 years from your accident date, the statute of limitations will have expired and you will be banned from recovery. The only way to prevent a statute of limitations from tolling on your claim is to file suit before the 2-year mark.

But how can you file suit if the courthouse is closed because of a coronavirus shutdown?

For those who find themselves up against a statute of limitations that is about to expire, the State Bar of Georgia is addressing your concerns.

Coronavirus-based shutdowns and statewide judicial emergency

On March 14, 2020, Georgia Chief Justice Harold D. Melton amended a previous judicial emergency order that allowed jury trials and some court functions to continue on a limited basis. Jury trials already in progress will continue during the coronavirus.

In his amended order, Judge Melton declared the following:

Helping the Hurt Personal Injury Lawyers - (678) 233-2257

“To the extent feasible, courts should remain open to address essential functions, and in particular courts should give priority to matters necessary to protect health, safety, and liberty of individuals. Essential functions are subject to interpretation; however, some matters that fall into the essential function category are: (1) where an immediate liberty or safety concern is present requiring the attention of the court as soon as the court is available; (2) criminal court search warrants, arrest warrants, initial appearances, and bond reviews; (3) domestic abuse temporary protective orders and restraining orders; (4) juvenile court delinquency detention hearings and emergency removal matters; and (5) mental health commitment hearings.”

Under the abundance of caution, Judge Melton reminded all that proceedings held “should be done in a manner to limit the risk of exposure, such as by videoconferencing, where possible.”

“Pursuant to OCGA § 38-3-62, during the period of this Order, the undersigned hereby suspends, tolls, extends, and otherwise grants relief from any deadlines or other time schedules or filing requirements imposed by otherwise applicable statutes, rules, regulations, or court orders, whether in civil or criminal cases or administrative matters.”

In other words, the Chief Justice’s suspensions include, but is not limited to, the following:

Statute of limitations

Time within which to issue a warrant

Time within which to try a case for which a demand for speedy trial has been filed

Time within which to hold a commitment hearing

Deadline or other schedule regarding the detention of a juvenile

Time within which to return a bill of indictment or an accusation or to bring a matter before a grand jury

Time within which to file a writ of habeas corpus

Time within which discovery or any aspect thereof is to be completed

Time within which to serve a party

Time within which to appeal or to seek the right to appeal any order, ruling, or other determination

Any other legal proceedings as determined to be necessary by the authorized judicial official

Should I get a pre-settlement lawsuit loan?

As the news concerning the coronavirus pandemic spreads, emotions tend to run high and wise decision-making is put to the test. This being the case, we invite you to take time to thoughtfully consider all of your options before obtaining a loan against the future settlement of your injury claim.

Under normal circumstances, obtaining a loan against your injury claim (sometimes called pre-settlement financing) is generally discouraged. That being said, we all understand these are not “normal” circumstances.

If you are in a serious financial crisis, such as about to lose your home, obtaining a loan against the future settlement of your claim is certainly understandable. We invite you to make a decision that is balanced, well thought through, and considers both your immediate financial needs as well as the future outcome of your injury settlement.

We ask that you consider the following factors before you commit to obtaining pre-settlement financing:

First, there is no guarantee that you will get a settlement or favorable outcome in your case. This is not to say it isn’t probable. The operable word here is guarantee. But you should be thoughtful about the probability of your case succeeding as well. Most people with an injury claim have a hard time imagining that an adjuster or a jury would see any real issues with the value of their injury claim. Be careful with this idea.

If you obtain pre-injury financing against an unknown future settlement figure, you have essentially counted your chickens before they’ve hatched. At the same time, if your loan is relatively low, this may not have a major impact on the final outcome of your injury claim. Do what makes sense and consider the cost.

Second, all loans have a day of reckoning. At the time of settlement, you will owe money to the lending company. In that moment, pre-injury financing will absolutely affect your sense of being properly compensated for your pain and suffering. Money allocated by the adjuster for your pain and suffering will have to go partly towards paying back the lending company.

For the record, insurance adjusters don’t add additional compensation to the settlement value of your claim to make up for money owed on your loan. Generally speaking, victims of an auto-accident that take out loans are unhappy during settlement when they see how much of their money is going back to the lending company. This happens mostly because the average person doesn’t consider the money they have borrowed to be a “true” part of the settlement. Think again. It is.

Borrowed money is money that you will not get back if and when the settlement occurs in the future. Your net final settlement disbursement will absolutely be a bit lower because you received a loan.

Third, the interest and fees associated with these loans can be extremely high. You should count on paying back double, at least, of the amount you borrowed. Obviously, multiple loans make the amount owed at the time of settlement rise exponentially. If you decide to obtain a loan against your claim, try to do it only once. Multiple loans should be avoided.

Fourth, pre-settlement loan companies will make the attorney handling your case sign a loan agreement. This agreement requires them to pay the loan amount back in full. In some cases, the loan may be negotiated down, but this is not a guarantee. If the lending company is not willing to lower the amount owed, the attorney handling your case has no choice — they must pay back the full amount regardless of your wishes for them not to do so.

Fifth, look for alternative methods before obtaining a pre-injury finance loan. We understand that everyone’s personal and living situation is different. Some may feel they are stuck and have no options. We can help you explore additional options before making a loan against your injury claim. Other possible options for financial help might include friends, family, retirement loans, home equity loans, credit cards, selling or pawning, or any savings. Always try to make pre-settlement financing loans your last resort.

Need help? Contact our Atlanta injury lawyers today

For all of us, the coronavirus has deeply impacted our normal lives. There is much uncertainty over what is going to happen next. Frankly, having to debate the legitimacy of your injury claim with an insurance adjuster is probably just not at the top of your priority list right now.

If you are the victim of an auto accident and need help resolving your claim, give us a call. We would like to help. At Scholle Law, the handling of your injury claim will be addressed by an experienced accident and injury team with a proven track record of success. We look forward to being there for you.

In the meantime, may you and your family stay safe and healthy.

THESE CAR INSURANCE CLAIM MISTAKES CAN HOLD YOU BACK: AVOID THEM

If you are part of a motor vehicle accident, it won’t be long before you’re on the phone with your insurance company. In addition to personal injury, it’s safe to assume that your vehicle was damaged in some way.

Making a car insurance claim sounds simple enough, but there is more to the process than meets the eye. If you assume that your agent will be on your side, doing whatever they can to help you out, you’re making a big mistake.

You need to be careful about every step you take, as one car insurance claim mistake can cost you a lot of time and money.

Here are some of the most common mistakes that people make after an accident:

Providing a written or recorded statement: Your car insurance company may ask for this, but it doesn’t mean you have to comply. You are not required by law to provide permission for your insurer to record your conversations.

Accepting the first offer: As badly as you want to put your accident and claim in the past, assuming that the first appraisal of losses is the best you can get is a mistake. It’s not out of the question for an insurance company to throw out a low ball offer to see if you bite.

Signing anything before you know your legal rights: If you trust your agent you may assume that signing something is no big deal. You don’t want to do this until you read the document, understand it entirely and know the impact it will have on your claim.

Accepting a check for final payment: You can do this at some point, but you don’t want to jump the gun. If you take a check for final payment it’s likely to mean there’s no more money to come.

The most important thing to remember is that your car insurance policy is a contract. You pay your premium every month so that you have coverage in the event of an accident. You shouldn’t let your insurance company push you around.

If you avoid these insurance claim mistakes after a motor vehicle accident, all the while focusing on your legal rights, you’ll feel better about your ability to secure the compensation you deserve.

BUILDING A STRONG TRUCK ACCIDENT CLAIM

Building a truck accident claim and following it through to a fair resolution takes time and attention. It also requires a detailed understanding of accidents involving trucks and the parties that may hold liability. While the driver of the truck is certainly one party who may have responsibility for the collision and your subsequent injuries, a number of other parties may share some of the liability as well. It all depends on the nature of the accident and what caused or contributed to it.

Many potential defendants in a truck accident claim

The first thing that you must determine when assembling your claim is what caused the wreck to occur. If the truck or its driver caused the accident, you can begin with those defendants.

Next, it is important to determine the business relationship between the driver and the party that hired him or her. If the driver operates as an independent contractor, his or her individual insurer may hold liability. However, if the driver was an employee of a trucking company, then the company itself may hold the liability. In general, placing liability on the shoulders of the employer is preferable, because companies usually carry more coverage than independent contractor drivers do.

However, in some cases, the truck driver did not cause the accident in error or out of negligence. Faulty parts, bad repairs and unsafe loading of cargo may also cause accidents beyond the immediate control of the driver.

For instance, a component in the braking or steering system may fail, leading to the accident. In such a case, an injury claim might name the manufacturer of the component as a defendant. Likewise, a poor repair by a mechanic who does not do the job well may be the root cause of your accident. Thus, the liability will be on the mechanic and/or the repair shop.

Similarly, if the load that the driver hauled failed to stay secure or was packed in a way that did not evenly distribute the weight of the cargo, it might shift in transit and cause an accident. In these instances, the party that packed the load and secured it in the trailer or on the flatbed may be liable.

Strong claims are not thrown together

For those who recently were involved in truck accidents, the most pressing needs are likely medical care for any injuries. You will also need to recuperate and may have to miss some work. Be sure that you have the support and tools that you need to put your energy and time toward recovery. Building a claim that truly protects your rights and addresses all of your losses takes time and attention.

Contact Details:

Helping the Hurt Personal Injury Lawyers

375 Ralph McGill Blvd NE

Atlanta, GA 30312

Call: (678) 233-2257

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