Dacula, Georgia

Dacula Car Accident Lawyer

Did you know that the Fence Road and Georgia Highway 316 intersection is one of the most dangerous intersections in all of Georgia. Dacula car accidents at or around Highway 316 are becoming more and more common as distracted drivers drive through red lights or fail to yield to traffic. Sadly, the results can be devastating. In 2007, a truck driver fell asleep at the wheel killing a family of four at Highway 316 in Dacula.

Dacula, once a quaint, small town, has become a major suburban center for both personal and commercial traffic. Our firm has seen the number of Dacula car accidents rise in the last year. Unfortunately, the number of uninsured drivers involved in a Dacula car accident has also increased. Hardworking Dacula residents are often left with significant car accident medical bills, particularly in high-speed collisions occurring on Georgia 316. Sometimes, health insurance carriers refuse to cover the accident related expenses, and an attorney must be used to make sure that all past and future medical bills are covered.

Our firm regularly sponsors local youth sports teams in Dacula and even participates in the Dacula Memorial Day parade with some of the local organizations. Our firm has a network of doctors in Dacula that can help you get the treatment that you need after a Dacula car accident. Dacula has some of the best orthopedic physicians, physical therapists, and orthopedic doctors in all of Gwinnett County. If you were injured in a Dacula car accident, you need to make sure that you get the medical treatment you need. Never accept a quick settlement from the insurance company when you are still having pain.

Dacula, Georgia is a beautiful town and a great place to live. If you need an attorney to help you after a Dacula car accident, we are always willing to give you a free, no-obligation case evaluation. Call us today to learn more about our experience helping residents of Dacula with their car accident injury claims.

Health Insurance

Health Insurance Car Accident Letters

Individuals call my office frequently after receiving a letter from their health insurance provider asking for more information regarding the cause of their injuries. Few people know why they are receiving this letter or how they should respond. The letter could come from Aetna, Blue Cross Blue Shield (BCBS), United Healthcare, Kaiser, Humana, Cigna, Coventry, or one of many others. Allow us to explain why your health insurance company is contacting you, and why you need an experienced personal injury lawyer to help you respond properly to the health insurance car accident letter and prevent the loss of your health insurance coverage.

When the insurance company sends you a letter asking about the cause of your injuries after an accident, they are seeking to collect information to enforce their right of reimbursement or subrogation rights under the terms of your insurance contract. You might not remember signing an insurance contract, but you likely agreed to the terms when you applied for the health insurance coverage. One of those terms you accepted likely requires that you pay back your health insurance provider from a settlement if you are ever injured because of someone’s negligence. Health insurance car accident negotiations are almost always best left for an attorney.

Most insurance contracts contain a health insurance car accident right of reimbursement. This means that any time your health insurance company pays for your medical treatment related to a car accident, slip and fall, dog bite, or some other injury, you are responsible for reimbursing them from any settlement or jury verdict for the amount they paid. This applies even when the settlement is minimal. Failure to pay back the health insurance company means that they could have sufficient grounds under the law to drop your coverage!

Do not think you can just hide the information from the insurance company and they will not find out. The negligent party’s insurance company will likely report any settlement. Plus, the terms of your health insurance contract likely also require that you cooperate by providing injury and settlement information. Failure, by you, to provide the information as required could cause you to lose your coverage.

Having an attorney guide you through the health insurance car accident process critical. These health insurance car accident subrogation rights are extremely complicated. For example, if you receive health benefits through your employer or the employer of your spouse, you might be violating federal law by not cooperating and reimbursing the health insurance plan. Federal law is very strict on which employer funded plans are legally entitled to be reimbursed. Only an experienced attorney can tell you which employer’s plans have that right.

Certain government health plans have even stricter and more complicated requirements. Medicare, Medicaid, the V.A., and others all have their own specific requirements. Medicare’s processes are the most complicated. Failure to follow all of the federal requirement with Medicare could cause you to experience a denial of Medicare claims.

You need an attorney that will not just settle your case, but will also ensure that all health insurance car accident rights of reimbursement are handled so that you do not face a future loss of health insurance coverage. You might think that you can save some legal fees by handling your own case, but failing to comply exactly as the law prescribes for your specific health plan could have devastating consequences.

Our firm routinely handles cases with health insurance car accident reimbursement implications. We take all of our personal injury cases on a contingency fee basis, which means that you do not have to worry about paying any legal fees from your pocket. We simply take a percentage of the settlement. Unlike some other lawyers, we do not take any additional amount for resolving any potential health plan or government right of reimbursement or subrogation issue. We consider this an added benefit for our clients as a thank you for hiring our firm. We will fight to ensure that the amount you are required to pay back is as low as possible and give you peace of mind knowing you don’t run the risk of losing your coverage.

If we can help you with a personal injury matter and the potential complications associated with health plan rights of reimbursement, call us at (678) 537-1209 or contact us on our webpage. We would be happy to answer your questions.

Georgia fallen tree

Georgia Fallen Tree Responsibility Law

Georgia is getting pounded this year with intense summer storms. Almost every night the local news tells stories of downed trees crashing through houses, cars and power lines. The combination of high winds and Georgia pine trees can lead to a serious disaster.

But what happens when a tree from your neighbor’s property falls on your house or car? Who is responsible for paying the expensive repair bill or medical bills? The answer is a complex and often misunderstood aspect of Georgia’s fallen tree responsibility law.

Georgia’s fallen tree responsibility law uses the “visibly dead or diseased” rule for falling trees. In other words, when a tree from your neighbor’s property falls and injures someone or causes damage to your property, the neighbor is responsible for paying for any damage when the fallen tree showed visible signs that the tree was dead or had a disease. If the tree showed no signs of death or disease, then you are responsible for covering the cost for the damages. It is important to remember that this law only applies to “urban landowners” [rural landowners have their own set of rules and laws].

Obviously, this means that you have certain duties as a homeowner to find and remove trees on your property that are dead or diseased under the fallen tree responsibility law. Failure to remove these dead trees from your property will mean that any damage that they cause will be your responsibility. Even more important, however, trees that show signs of disease, look unhealthy or have died altogether are dangerous to all people nearby. Always take proper action to remove these dangers from your property. In the event that one of these trees fall and causes injury or even death, you will be personally liable under the fallen tree responsibility law.

If you have a neighbor’s tree fall on our property and cause injury or damage, you want to keep any evidence you can to show that the tree itself was dead or diseased when the tree fell. Pictures are a great tool. Taking photographs of the fallen tree can be good evidence if you find yourself in court with your neighbor arguing over whether the tree showed visible signs of disease or decay.

Of course, if you are the victim of a dead fallen tree, always contact a good lawyer who can help you navigate this complex area of Georgia’s fallen tree responsibility law – especially when a person suffers injury caused by the fallen tree. If I can help you in any way, do not hesitate to call or email me.

Insurance Diminished Value

Georgia Diminished Value Law: The Insurance Company’s Dirty Little Secret

Nothing is more irritating after an accident than getting your car fixed. Calling to set up the claim, taking your car to collision centers for estimates, setting up a rental car — the list goes on and on.

As if that weren’t bad enough, the insurance company is intentionally “keeping quiet” on extra money you are entitled to receive under Georgia diminished value law. Georgians leave millions of dollars of their money in the pockets of insurance companies every year.

“Diminished Value” is the most misunderstood concept in insurance law. Diminished Value is compensation after a car accident for the anticipated future loss that will occur when the vehicle owner tries to re-sell the vehicle. To better understand this legal concept under Georgia diminished value law, let me give you an example:

Bob gets rear-ended by Jan, and Jan’s insurance company pays for the repairs to Bob’s vehicle. Bob’s vehicle looks like new, after the frame damage is hammered back out. Two years later, Bob takes his car to CarMartWorld to sell. CarMartWorld pulls the car history and sees his vehicle has been in a bad accident. They offer Bob $10,000 for the vehicle even though the car’s normal value is $12,000.

As you can see, Bob will lose $2,000 because of the accident caused by Jan. Under Georgia diminished value law, Jan’s insurance company is responsible for paying Bob the $2,000 diminished value as part of the property damage settlement.

Here is the kicker: Most insurance companies will not offer to pay you diminished value unless you ask for it, and 99% of all Georgians involved in a car accident don’t know to ask. The higher the cost of repairing your vehicle, the more important it is that you to ask for compensation for diminished value. Remember never to sign a property damage release until you receive your diminished value payment.

First, try to find the re-sale value of your car and compare it to cars for sale online that have been in an accident. Then ask the insurance adjuster to pay you the difference. Generally, the insurance adjuster will counter with their own amount — ask how they arrived at the number. Most often they will tell you they arrived at the number by a “formula,” but this “formula” is not necessarily the final authority. Keep negotiating until you come to an amount you feel good accepting.

If you still cannot recover what you feel you deserve, talk to a lawyer or file a lawsuit in small claims court. A lawyer can be particularly helpful if the insurance company is acting in bad faith — as the court can force the insurance company to pay a serious penalty if they are intentionally not paying a valid claim.

Best of luck in your negotiations, and always get all the compensation you deserve under Georgia diminished value law.  If you have any questions, we are always here to help.