FAQ

After an accident, fault determines who pays for whose damages in a resulting insurance claim or personal injury lawsuit. However, not all accidents are the fault of a single party. Frequently, rather than one driver being entirely responsible for a crash, both parties share the blame and legal liability to some extent.

Shared liability can even occur in cases involving collisions between large commercial trucks and traditional passenger vehicles. For example, consider a scenario where a truck driver who’s speeding or distracted hits a passenger vehicle motorist who’s changing lanes or turning without signaling.

If the injured motorist takes legal action to seek damages from the truck driver, the defense may claim the plaintiff contributed to their injuries.

Fortunately, being partially to blame for a truck wreck in Georgia doesn’t automatically preclude people from recovering damages. The state follows modified contributory negligence laws, which means that truck accident victims may still be entitled to compensation, as long as it’s determined they’re less than 50 percent responsible for the crash.

Though partial liability doesn’t bar a truck accident victim from receiving a financial recovery, it can affect the amount of it. Plaintiffs can expect their damages to be reduced by the percentage they were at fault. For instance, if a truck driver was 80 percent responsible for a wreck and the motorist was 20 percent at fault, the motorist’s financial award is reduced by 20 percent to reflect their liability.

You have many legal rights and options after a truck accident, even if you were partially responsible. The knowledgeable and experienced attorneys with Van Sant Law can help you fight for the compensation you deserve and prevent you from taking more than your rightful share of the blame.

Do you have questions about how partial liability might affect your truck accident case? Contact us today to schedule a free initial consultation.

Very little. The adjuster for the truck driver or trucking company’s insurer is focused on maintaining or maximizing the insurance company’s profit margins—not ensuring you receive fair compensation for your truck accident injuries and losses. Insurance company adjusters look for ways they can pay you less, especially when they think your truck crash claim is likely to involve severe injuries and other significant damages.

After a truck accident, an insurance adjuster may contact you in the days or even hours that follow to ask questions about the crash and maybe even offer a quick settlement. Providing information or accepting an early settlement is seldom in your best interest.

An immediate truck accident settlement may sound like just what you want, but the consequences of settling your truck accident claim too soon can be devastating. It can take days, weeks, or even longer for you and your doctor to understand the extent of your injuries and the effect they’ll have on your life and employment opportunities.

If an adjuster can convince you to settle right away, the insurance company avoids fully compensating for your losses. Additionally, any information you give the insurance adjuster when you answer questions, provide a recorded statement, or authorize the carrier to access your medical records can be misconstrued and used against you.

Not only can working directly with an adjuster for the other party’s insurer actively hurt your right to a fair recovery, but it’s also extremely stressful and time-consuming. Letting your attorney handle communications with the insurance company on your behalf will help you avoid potential pitfalls and eliminate unnecessary frustration.

The best thing to say when an insurance adjuster calls you after a truck accident is, “Contact my attorney.”

At Van Sant Law, our knowledgeable attorneys know the tricks insurance companies use to try to avoid paying what you deserve. Let us help protect your rights. Contact us online or call our office directly at (800) 234-9556 today to schedule an appointment for a free consultation.

How long your truck accident case takes to settle can vary depending on the details of the crash. However, it is true that crashes involving semis, big-rigs, or other large trucks often take longer to resolve than other types of motor vehicle accident cases—and for good reason. Truck accidents can cause devastating injuries and losses, so it’s essential to ensure you’re paid what you deserve. Fortunately, an experienced truck crash attorney can help.

After a truck accident, your attorney will conduct a thorough investigation to determine liability. This is absolutely crucial, as truck drivers, trucking companies, and their insurers may attempt to claim you were partially responsible for the crash, even if you did nothing wrong. Because your assigned percentage of fault can affect your financial recovery, it’s important that blame is placed with the appropriate party.

The possibility of multiple insurance policies can also contribute to the length of your truck accident case. Trucking companies often have insurance policies well in excess of the required minimums. Additionally, they may also have separate policies on the driver and the truck itself. Your attorney will examine all available policies to uncover avenues for compensation.

Of all the factors that can prolong a truck crash case, your injuries will have the biggest effect. It’s best not to settle until you’ve reached the point of maximum medical improvement (MMI), otherwise, you could find yourself responsible for medical expenses that would have been covered in your settlement.

Though it can take time to resolve a truck crash case, it pays to do it right. The knowledgeable legal team with Van Sant Law can help you protect your rights and interests after a catastrophic truck accident. We work on a contingency fee basis, so you never have to worry about whether you can afford the legal counsel you need.

Contact us today to schedule an appointment for a free initial consultation. Don’t wait—the law limits how long you have to file a lawsuit.

Semis, big rigs, 18-wheelers, tractor-trailers, and other large commercial trucks are hulking steel beasts that can weigh up to 80,000 pounds when carrying a full load of cargo.

The size and weight of these massive trucks—and the fact they cause catastrophic accidents, injuries, and deaths—makes it imperative that the people who drive these vehicles have the qualifications, training, and supervision they need to do their jobs safely.

The Federal Motor Carrier Safety Administration (FMCSA) has strict regulations and requirements for commercial truck drivers. During the hiring process, transportation companies should conduct the following screenings to ensure prospective truck operators have appropriate credentials and safe driving records:

• Pre-screening. This includes searching for an applicant’s employment history, verifying previous and current commercial licenses, and confirming a valid Social Security number.
• Core screening. Employers should verify the information in an applicant’s employment history, check his or her driving history, and search for alcohol or drug violations, along with other criminal offenses.
• Conditioning screening. FMCSA regulations require applicants to undergo and pass a pre-employment physical examination and drug test.
• Ongoing supervisory screening. Safety screenings shouldn’t cease after an applicant joins the company. Trucking company supervisors should ensure the continued safety of employees and the public by periodically administering drug and alcohol checks, physical examinations, and motor vehicle record reviews.

Trucking companies that fail in their duty to ensure the qualifications and safety of their drivers may share liability for the accidents, injuries, property damage, and wrongful deaths that result.

If you were seriously hurt in a Georgia truck accident, the knowledgeable attorneys with Van Sant Law can help you understand your rights and investigate your ability to collect compensation for medical expenses, lost wages, loss of future income, pain and suffering, and other accident-related damages.

We can also help you determine the appropriate parties to name in your truck accident lawsuit. Don’t wait! Contact us today to schedule a free initial appointment to discuss your case with a member of our legal team.

Traffic accidents involving tractor-trailers, semis, big rigs, 18-wheelers, and other large commercial trucks kill multiple people and seriously injure thousands in the state each year, according to the Georgia Governor’s Office of Highway Safety.

After a devastating truck crash, individuals who sustained catastrophic injuries often require extensive medical treatment, which can then lead to lost wages due to time away from work, as well as a deluge of unavoidable and insurmountable medical debt. The situation causes many truck crash victims to worry about whether they’ll ever be able to cover all of these unexpected medical expenses and get back on sure financial footing.

Fortunately, victims injured in truck accidents caused by a negligent truck driver, trucking company, or another at-fault party can pursue compensation for a wide range of damages, including crash-related medical expenses. Damages for medical expenses aren’t limited to the cost of initial treatment, but can include any loss related to the diagnosis, continued care, or cure of injuries or medical conditions suffered in the truck accident.

Examples of medical expenses in a truck crash case can include:

• Ambulance costs
• Emergency room care
• Hospitalizations
• Surgical procedures
• Anesthesia fees
• Diagnostic tests
• Medications
• Doctors’ visits
• Specialist fees
• Physical, occupational, and other rehabilitation therapies
• Crutches, prosthetic limbs, wheelchairs, and other assistive medical devices
• Assistive nursing care
• Accident-related medical travel expenses

An experienced Georgia attorney can help truck crash victims determine which medical costs they might be able to recover in their case. The use of medical records, injury-related medical bills and receipts, and other evidence is essential to prove those losses during settlement negotiations or in court.

Moving through the personal injury litigation process takes time. However, injured individuals may be able to work out special arrangements with medical providers that allow them to delay payment until the time of settlement.

Were you hurt in a truck accident that wasn’t your fault? Contact Van Sant Law today to schedule an appointment for a free initial consultation.

Georgia law requires most employers with three or more employees to carry workers’ compensation insurance, or receive approval from the State Board of Workers’ Compensation (SBWC) to self-insure their employees against occupational injuries or illnesses.

The purpose of workers’ compensation insurance is to help an employee return to the job after suffering a work-related injury or illness. These benefits provide medical, rehabilitation, and wage-replacement benefits.

Additionally, death benefits may also be available to surviving spouses or dependent minor children of workers killed in the course and scope of their employment.

In Georgia, workers’ compensation is the sole legal remedy for employees seeking compensation for a workplace accident and injury. Unlike in personal injury civil cases, workers don’t have to prove negligence and are often entitled to benefits even if their actions led to their injuries (with some exceptions).

Verifying that your employer has workers’ compensation insurance is essential, especially if you were recently hurt on the job and are counting on these benefits to help you get back to work. Fortunately, thanks to the SBWC’s Employer Workers’ Compensation Online Insurance Verification feature, it’s as simple as entering your employer’s name or Federal Employer Identification Number (FEIN). The online tool has information on employers with traditional workers’ compensation insurance, as well as those that have coverage through a group fund or association or are approved by the SBWC to be self-insured.

Once you’ve figured out whether your employer has workers’ compensation coverage, the next step is to contact an experienced Georgia workers’ comp attorney to discuss the information and determine how to proceed. An attorney can help you report a non-compliant business, fight for the benefits you need and deserve, and more.

Hurt on the job in Georgia? The skilled attorneys with Van Sant Law have helped countless workers in situations similar to yours obtain the workers’ compensation benefits they’re owed. Contact us today to schedule an appointment for a free initial consultation to learn more about your legal rights and options.

With summer temperatures in full swing, some workers whose primary work consists of being outside in the heat are taking extra precautions to stay hydrated. However, when the demands of your job are harsh, you may not have adequate breaks to consume the water you need.

Dehydration is a serious concern for those working outdoors, and it can lead to severe injuries such as heat-stroke, muscle tears, and even brain injuries.

Being hydrated is vital for anyone outside in the heat. And if dehydration happens as part of the job, you need to know how that fits into the issue of workers’ compensation.

Georgia’s workers’ compensation laws are there to protect employees in case they are injured on the job. Therefore, dehydration injuries might seem like an obvious argument for workers’ compensation.

Unfortunately, it is not that easy. An insurance company will gladly fight off any claim with dehydration listed as a cause of injury. They will consider this an independent, non-work-related issue. Employees with dehydration could be blamed for causing the injury, because they should regulate hydration at work as well as away from work.

If the doctor concludes that you suffered a serious injury as a direct result of your dehydration, succeeding with a claim is easier. If, however, the doctor ties dehydration to a cause outside of work, (such as drinking multiple alcoholic beverages per day) you may find it impossible to receive compensation for an injury that occurred at work.

Yes, they are.

Under the Occupational Safety and Health Administration for the state, it is highly recommended that all employers provide their workers with a means to stay hydrated and also provide shaded areas and regular breaks to prevent workers from suffering from heatstroke.

Under federal laws, workplaces must be free from hazards. While this duty is subject to interpretation, it would be apparent that an employer should provide water and shade to those working outside – because working in direct sun without shade or water is an apparent hazard. Realize, however, that OSHA regulations have nothing to do with your workers’ compensation claim nor will they influence the outcome. You can file a complaint with OSHA regarding unsafe work practices, but this will not improve your chances of receiving workers’ compensation.

Because the conditions of these cases vary, specific factors will help determine if you can receive compensation for a dehydration-related injury at work:

• Exposure was part of your regular job duties. You must prove that the sun and heat exposure was done as part of your regular job duties. Suffering from dehydration on a work break where you are taking a walk is not a job-related injury. A roofer, however, who is forced to stay on a rooftop for eight hours in the heat and suffers heat-stroke would have a viable claim.
• You did not contribute to the dehydration outside of work. The biggest argument against your case will be that you caused dehydration out of work. If you do not stay hydrated off the job, you are an avid alcohol drinker, or you take medications that naturally deplete your water supply, you may find it next to impossible to succeed with your case.
• The dehydration resulted in an injury. Dehydration itself is an injury, but not usually one that takes you away from work long enough to qualify for compensation. If, however, you suffer a more serious injury from the dehydration – such as falling due to passing out from dehydration – then you may qualify for compensation.

The only way to see if you indeed qualify for compensation is to contact an attorney that understands the complexity of these types of cases. Speak with one of the attorneys from Van Sant Law, LLC today to discuss your work-related injury.

If you suspect that dehydration was the cause of your injuries at work and the insurance company is trying to deny your compensation claim, we may be able to help.

To get started, schedule a consultation now at (800) 234-9556, or request more information online.

Whiplash is one of the most commonly reported car accident injuries. It’s caused by abrupt—and forceful—back-and-forth movement of the neck, resulting in stretched or torn tendons and ligaments. Unfortunately, it’s also one of the most misunderstood health conditions.

Unlike crash injuries such as broken bones, which can be confirmed with an X-ray, soft tissue injuries like whiplash can more difficult to diagnose and even harder to prove.

While some whiplash injuries are relatively minor and resolve on their own, others can cause severe pain, reduced range of movement, numbness, tingling, and myriad of other symptoms. These issues frequently make it nearly impossible for a person to complete daily tasks or perform work-related duties.

If you sustained a serious whiplash injury in a Georgia car accident caused by someone else’s negligence, you may be entitled to compensation. However, seeking damages for whiplash injuries can be an uphill battle. Here’s what you can do to improve the chances of success:

• Seek immediate medical attention. After an accident, it’s important to see a doctor right away, even if you don’t feel severely injured. Symptoms associated with whiplash and other soft tissue injuries can take up to a week to appear, but a doctor who knows the details of your accident may be able to spot early signs of such injuries and document them in your medical records.
• Document medical expenses and other economic losses. Serious whiplash injuries sometimes require extensive medical treatment. It’s important to save all medical bills and receipts, and document other financial losses like lost wages, mileage, and rehabilitation costs.
• Consult an attorney as soon as possible. Experienced personal injury attorneys know just how debilitating a severe whiplash injury can be. An attorney can help you build a strong case and seek compensation for medical expenses, lost income, pain and suffering, and other damages.

If you’ve suffered a serious whiplash injury in a Georgia car accident, the knowledgeable attorneys with Van Sant Law can help you understand your rights, explore your legal options, and fight for the compensation you deserve. Contact us today to schedule an appointment for a free initial consultation.

What makes a good personal injury attorney? It’s important to know what to look for if you are ever in need of a lawyer’s assistance due to an accident or injury that happened due to no fault of your own. If you’re in a car accident and are injured, what should you look for in an attorney?

First, find a personal injury attorney. While all lawyers will have basic legal skills, you want to find a personal injury lawyer who knows how to obtain maximum compensation for injuries through appropriate legal action.

Top rated lawyers will offer you an initial consultation and some legal advice before taking you on as a client. All lawyers will want to evaluate your case and advise you of the potential for compensation. The best lawyers will not only have excellent legal skills, but they will be good listeners who are approachable and understanding of the situation.

David Van Sant consistently is ranked as one of the top personal injury attorneys in the nation. In Alpharetta, he’s an excellent choice for victims of accidents caused by others.

Mr. Van Sant will meet with clients prior to taking on their case to ensure that the fit is good and that there is a good chance of receiving appropriate restitution. If you are in an accident and would like to speak to an Alpharetta personal injury attorney, give Van Sant Law a call.

Usually, the answer is no. Health insurance companies do not have a right of reimbursement under Georgia law. The only way a health insurer subject to Georgia state law has a valid right of reimbursement is if, and only if, the insurance company can show that the injured person has been “made whole” or “completely compensated.” As you might imagine, this is usually very easy to defeat, as money can never make a person whole.

However, do note that there are some plans, known as self-funded ERISA plans, that are governed by federal law. If you have one of these plans, then the federal law will trump our state law, and the federally governed plans do have a right of reimbursement. This is why it is important to determine which plan you have and to make sure you only reimburse a plan that has a valid right of reimbursement.

Contact Van Sant Law, LLC now to get a free consultation on your case and start the process to get compensation. Van Sant Law, LLC can take care of your product liability injury needs.

Personal injury victims have rights under Georgia law, including the right to seek compensation. However, those rights do not extend indefinitely. If a legal claim is not made on time, then it will be barred by the Statute of Limitations. The Statute of Limitations varies by state, and time periods can be different in the same state for different types of legal actions. In general, though, people who wait too long to enforce their legal rights may find that their claims are not valid because the Statute of Limitations period has tolled.

In Georgia, personal injury cases must generally be filed within two years of the accident or incident that led to the victim’s injuries. In some situations, the statute is much shorter. For example, for injuries caused by a Georgia government entity (municipality, city, county or the state), victims have only months from the time they are injured to initiate legal action. The bottom line is that if you or a loved one suffered a personal injury, it is important to talk to a skilled attorney as soon as possible, so you do not inadvertently wait too long.

If you were injured because of someone else’s actions or negligence, you have the right to seek compensation from the at-fault or negligent party. In many cases, the wrongdoer and/or their insurance company will not offer to pay victims the full amount to which they are entitled under Georgia law. Hiring an experienced lawyer who is familiar with Georgia personal injury laws can help you uphold your rights.

Compensation may include compensatory damages designed to cover the victim’s economic loss as well as punitive damages, which are intended to punish the wrongdoer. Compensatory damages can be further broken down into “special” and “general” damages.

• Special damages: This category includes medical expenses, initial expenses incurred immediately after the injury and the cost of ongoing medications, therapy, follow-up appointments, etc. Other types of special damages include damage to the victim’s vehicle/personal items and the victim’s lost wages if she or he is unable to resume work right away after the injury occurs.
• General damages: General damages is compensation designed to recognize the victim’s pain and suffering related to the injury. The amount of general damages you may receive might cover such things as anxiety/depression, physical impairment or disfigurement, a diminished quality of life, long-term or permanent disability, pain and suffering related to the loss of a loved one, and more.
• Punitive damages: When personal injuries are caused by someone else’s malice, misconduct or fraud, punitive damages may also be available. Punitive damages are designed to hold the responsible party accountable for his or her actions.

If you were hurt in a car accident, physical therapy may be integral to your recovery process. Unfortunately, the physical therapy you need to heal can be both lengthy and expensive, leaving you to wonder just who is supposed to foot the bill for this essential treatment.

Here’s the good news: if you were Injured in an accident caused by another person or entity’s negligence, the at-fault party—and their insurance company— may be responsible for your crash-related medical care, including your physical therapy costs.

However, because physical therapy can be ongoing and costly, and is often used to treat soft-tissue injuries like whiplash that don’t always show up on x-rays or in other diagnostic tests, insurance providers may be hesitant to pay for it. Proving that the treatment is medically necessary is crucial, and requires you to work closely with your medical providers to carefully document your injuries and the need for physical therapy in a way that’s difficult for carriers to dispute.

To increase your chances of having your accident-related physical therapy expenses covered by the at-fault party’s insurer, you’ll need to:

• Obtain a written referral from your regular doctor or a specialist treating your injuries that specifically connects your need for physical therapy to the injuries sustained in the crash.
• Attend all of your scheduled physical therapy sessions and follow your therapist’s treatment plan.
• Document all physical therapy expenses, including travel costs to and from each appointment.
• Consult an experienced Georgia car accident attorney.

Learn How Our Attorneys Can Help Get Your Car Crash-Related Physical Therapy Costs Covered

Hurt and need physical therapy after an accident caused by someone else’s negligence? You may be entitled to compensation. Contact Van Sant Law today to schedule an appointment for a free initial consultation to discuss the details of your case with a member of our skilled legal team.

Your question is a common one after a car crash. You know that an accident occurred. You know that you’re hurt. But you don’t know whether it’s worth the time and effort to pursue a car accident lawsuit.

Things to Consider

All of the circumstances of your crash and resulting injuries must be evaluated before making the determination as to whether to pursue a car accident case.

Some of the questions to consider include:

• Why did the accident occur?
• Did another driver cause the crash?
• Did another driver act negligently or in a way that a prudent person wouldn’t have?
• Were your actions (or inactions) also a contributing factor in the crash?
• Did the accident cause your injuries?
• How badly were you hurt?

You may not know the answers to all these questions yet, and that’s okay. A skilled car accident attorney can investigate what happened and help get the answers that you need to make an informed decision.

How the Van Sant Legal Team Can Help

You have a critical decision to make, and a lot at stake. Don’t make this decision on your own. Instead, talk a car accident attorney as soon as possible after your accident.

If you file a case, then you’ll have the burden of proof to show the other party was responsible for your accident injuries. It’s important to start your case on the right foot and with the proper information. Our experienced Atlanta car accident lawyers can access your case and provide you with the details to guide your decision to file a car accident case.

Contact Van Sant Law today for a free case evaluation. Let’s discuss whether or not you should pursue a car accident case in a Georgia court.

Motor vehicle crashes, slips and falls, and other personal injury accidents can claim the lives of those we love. In Georgia, if your loved one’s death was caused by the “negligent, reckless, intentional, or criminal” acts of another person or company, you may have grounds for a wrongful death lawsuit. This legal action would allow you to seek compensation for your financial losses, as well as pain and suffering.

However, Georgia law doesn’t allow just anyone to file a wrongful death lawsuit after the loss of a loved one. State law restricts wrongful death filing eligibility to the following individuals:

• The surviving spouse. The spouse of the deceased can file a lawsuit representing their interests, as well as the interests of the couple’s surviving children. Regardless of the number of children or other potential beneficiaries, the surviving spouse is entitled to at least one-third of the total recovery.
• The surviving parent(s). In the absence of a surviving spouse or children, the parent or parents of the deceased can file a wrongful death claim.
• A personal representative. If the deceased has no surviving spouse, children, or parents, a wrongful death lawsuit can be filed by a personal representative for the estate for the benefit of the estate and any remaining beneficiaries.

If you lost a loved one in a personal injury accident that wasn’t their fault, it’s essential to speak with a wrongful death attorney as soon as possible to determine whether you’re eligible to file a lawsuit and, if so, how best to proceed. While a wrongful death settlement or financial award could never make up for the loss of your loved one, it may help ensure that you’re cared for how they would have wanted.

Georgia law limits how long you have to file a wrongful death lawsuit, so the sooner you speak with an attorney, the better. Fortunately, there’s no need to delay. Van Sant Law offers free initial consultations. Contact us today to schedule an appointment.

A wrongful death lawsuit is a claim brought against a defendant for causing someone’s death purposely or negligently. Under Georgia law, wrongful death claims are allowed by the estate of the deceased to cover the financial loses from their loved one’s death. The suit can be filed by a personal representative of the estate or family members.

Once a lawsuit is won, payments are distributed. However, the way the payments distribute depend on the circumstances of the lawsuit, the amount, and the defendant’s ability to pay.

A wrongful death lawsuit is traumatic for the surviving family members. Often the only way they can relieve the stress and financial burden of their loved one’s death is through a lawsuit. Most grieving loved ones never start off thinking that they will file a suit. However, once the costs start to take their toll, they find themselves without any other option to pay medical costs, funeral and burial expenses, and cover the financial contributions their loved one used to make to the household.

The statute dictates damages that family members can receive. Also, in Georgia, there are two types of wrongful death claims that can be filed:

1. Estate Claim – This is where the estate claims recovery for medical expenses related to the injury that caused the loved one’s death, funeral and burial expenses, and pre-death pain or suffering.
2. Full Value of Life Claim – Full value of life claims are determined by the jury. Typically, these claims are filed by the surviving spouse and children, and they cover things like loss of companionship, loss of support from a parent, and so forth. They are distributed differently than the estate claim compensation. In these cases, the surviving spouse cannot receive any less than one-third of the compensation – with the remainder split amongst surviving children (if applicable).

No dollar amount can make up for the loss of a loved one, and some surviving spouses find it difficult to put a price on their spouse. However, the claim for the full value of life is measured by the life lost to the spouse and children. It is broken down by economic and non-economic damages, including:

• Economic Damages – These are the quantifiable expenses, such as the amount of income the loved one would have earned for the remainder of their working years, and the amount they would have contributed toward the household (such as health insurance).
• Noneconomic Damages – These are the losses that have no tangible value, but include loss of consortium, companionship, and more.

Distribution is difficult in wrongful death settlements because compensation may go toward different parties – not always family members or beneficiaries of the estate. Some considerations that the court will make when deciding how to distribute the assets include:

• Age of the Beneficiaries – Children under the age of 18 years cannot legally inherit or receive compensation for their wrongful death case. Therefore, the courts will need their financial well-being considered. They may do this by appointing guardian ad litem to oversee the compensation, set up a trust, and manage that trust until the child reaches an age where they can legally receive the compensation. When beneficiaries are all adults, then the parties’ attorneys would determine what a fair value is per party.
• The Legal Capacity of the Beneficiaries – Some beneficiaries may be legal adults but suffer conditions like Alzheimer’s or be permanently disabled. In this case, their compensation would be handled like a child under the age of 18.
• The Relationship – A spouse of a decedent will receive more than surviving children in a wrongful death case. For example, in full value of life claim, the compensation can be split equally, but the spouse cannot receive less than one-third per the statute.
• Balances Due – If there are liens against the estate for outstanding costs, such as medical expenses and hospital bills from the decedent’s injuries, then these liens must be satisfied before the remaining compensation can be distributed.

You may be under the impression that civil lawsuits are tax-free. However, this is not entirely accurate. In a civil case, punitive and compensatory damages are not taxable by the Internal Revenue Service (IRS). However, money distributed as part of an estate, including compensation for lost wages and income are part of the estate and subject to probate. If these amounts exceed the minimum threshold for the estate tax, then the compensation will be subject to that tax first and any applicable income tax by the state and federal government before it can be distributed among the beneficiaries.

If the estate has multiple creditors, any income compensation from the wrongful death lawsuit goes toward the estate’s assets. These assets are subject to creditor claims in probate court, and the law requires that creditors are satisfied before the remaining assets can be liquidated and distributed.

An attorney knows what costs and statutes apply to a wrongful death case. They can ensure that you and your family members not only receive compensation but that these costs are addressed so that you do not lose a significant portion of your award to taxes or creditors.

Furthermore, your attorney can help you with the entire wrongful death lawsuit process. After all, you are grieving, and the last thing you should need to worry about is the logistics of filing a lawsuit or distributing the assets.

To explore your options for a wrongful death case, speak with an attorney from Van Sant Law, LLC now by calling (800) 234-9556 or request an appointment online.

Depending on the extent of the accident there are several areas that you may deserve compensation for. One of the main concerns is often the health costs. The injuries you suffer can leave you with ongoing expenses including the initial hospital visit, checkups after, needed surgical procedures, rehabilitative treatment or modifications to your home and car so that you can cope with the limitations of your injury. You may be out of work for some time, and lost wages can be considered. If you cannot return to your old line of work and need to be trained in a new field then this can be sought as well. If you are permanently disabled then compensation should be considered for the current lost income and the future influence. Additional pain and suffering may be pursued in a case as well since the effects of an accident can be more than just physical.

When you are involved in a car wreck it can be hard to think clearly at that time. You may go to speak with the other driver and be unsure which of their information you should obtain. For starters, you want to gain their contact information including name, number and address. Get their insurance information as well including the policy number, the provider and the phone number. Get a picture of their driver’s license if you can, as well as their license plate. It is a good idea to take pictures of the scene, as this can be useful later to stage together what happened.

I am often asked by clients whether they should use their health insurance to pay for medical expenses after a wreck. The answer is yes! (Though don’t expect the same answer from your insurance company or medical provider.) Although completely false, clients often tell me that certain medical providers told them that they cannot use their health insurance because the injuries are a result of a wreck. This is simply not true. There is no clause in your health insurance policy that says, “We will agree to accept your premiums in exchange for providing health insurance benefits unless the injuries are a result of a wreck.” That clause simply doesn’t exist. If you have health insurance, you should make sure every medical provider you see is aware of it and is instructed to bill your insurance company. Please note that, if you fail to advise them of your health insurance in a timely manner, you may lose the right to bill your health insurance at all.

I have also had clients tell me that the at-fault automobile insurer (e.g., Geico, Progressive, State Farm) have actually told them not to use their health insurance and not to seek treatment from a specialist, because they will not pay for it. This is extremely frustrating, and it is unfair that adjusters are allowed to manipulate people this way. Really, the only exception is Med-Pay. If you have medical payments coverage on your own automobile policy, you must exhaust that prior to using your health insurance benefits. Otherwise, you should absolutely use your health insurance.

Accidents do not have to involve two vehicles colliding physically with one another for a driver in another car to still be liable for your accident. This may sound complex, but this area of the law is known as no-contact accidents – and they are quite common. In a no-contact accident, the driver of the other vehicle forces your vehicle off the road or into another object, causing a crash. The other driver’s negligence is what forced you into an accident – even if they did not physically strike your car.

No-contact accidents are extremely complex, especially because you must prove fault when one driver never actually hits your vehicle. Also, if the other driver is unaware they even caused a wreck; they may leave the scene of the accident. Without their identification or license plate, it may be difficult to find them and hold them responsible for their actions.

The first step is to locate the other driver. If you have a description of the car or even a partial license plate number, that can help law enforcement find them. If you have no identification or license plate information, you may find it difficult to sue them for compensation. In this situation the insurance industry does have remedies so that you can still collect without identifying the no-contact driver.

The vehicle that left the scene should fall under the uninsured motorist coverage of your auto insurance policy. You are required by law to carry uninsured motorist coverage – for this very reason. The coverage in your policy can vary and your insurance may have specific requirements for using this type of coverage.

In some instances, insurance companies will require that you have a corroborating witness to the no-contact accident. This is because without a witness, how will insurance know that the accident was truly caused by someone else and not yourself? A corroborating witness can be anyone present at the scene that saw the accident. This can include another person in the accident, your passengers, a person passing by or another motorist that observed the incident.

Some insurance policies are more lenient and do not require a corroborating witness. It is imperative you see what your policy requires and be careful about which witness you have. Some insurance policies will have language that prohibits witnesses that are not an independent third party – meaning someone that has no stake in your insurance claim.

Reading through the policies and exclusions in your own insurance policy can be daunting – especially when you are attempting to recover from injuries. If you were involved in a no-contact auto accident, do not assume you have no options for recovery. Instead, contact the attorneys at Van San Law. today. We can assist you with your no-contact claim against your own insurance or the responsible party. Schedule a consultation now at (800) 234-9556 or fill out an online contact form to learn more.

If you were Injured in a car crash, you may be facing a long road to recovery, in addition to an onslaught of unexpected medical bills. However, if the accident was caused by another person or company’s negligence, you may be entitled to compensation for a wide range of crash-related damages, including reasonable and necessary medical expenses.

Unfortunately, this compensation comes in the form of a settlement or financial award at the end of a personal injury insurance claim or lawsuit, so you can’t use it to help pay your medical bills now. Turning to your health insurance or Med-pay coverage would be ideal, but if you don’t have them, you could very quickly be on the path to financial ruin.

Fortunately, the skilled personal injury attorneys with Van Sant Law can help. We’ll investigate your case, build a strong claim for damages, and fight for the fair compensation you deserve. We’ll also make arrangements with your medical providers so that you can receive the treatment you need now and pay for their services out of your settlement or financial award when the case is resolved.

Don’t let a car crash that wasn’t your fault put your financial health, wellbeing, and future in jeopardy. Our team of knowledgeable attorneys has helped clients throughout Georgia successfully resolve their car accident cases. We work on a contingency fee basis so, like the medical professionals treating your crash-related injuries, we receive our payment at the conclusion of the case.

Want to learn about how we can help you with your case? Contact Van Sant Law today to schedule an appointment for a free, initial case consultation. We look forward to helping you understand your legal rights and options, and chart the best path forward.

As your insurance claim moves through the process, the adjuster may request all documentation regarding your injuries and medical treatments received for those injuries. In some cases, you may be required to submit to an independent medical examination (IME) in order to establish your injuries.

While you may have sent relevant copies of your medical records along with your demand letter, the insurance claims adjuster may request additional information. This can include:

• Blood test results
• X-rays
• MRI or CT scans
• Radiologist reports
• Physical therapist reports
• Pharmacy records

If there is any indication of a previous injury, the insurance claims adjuster may request medical records to assess that previous injury – and whether or not it was aggravated by the current incident or unrelated to the current injuries.

While the adjuster can request medical records and further documentation, it is up to you if you want to provide him or her with the information. If the request is unreasonable, your attorney may reject the request. Also, you can request that the insurance adjuster pay for records – since it will cost to make copies and send official records. You can request the records to be sent to you first, so that you and your attorney can remove any information that does not pertain to the accident before sending on to the adjuster.

Unfortunately, insurance claims adjusters have one job: To reduce or dismiss the settlement. In order to do that, he or she may request medical records to examine your medical history and see if there is anything to use against you – sometimes, even to embarrass you. If the request seems unreasonable or if there is a request of records unrelated to your injury, you do not have to comply. Instead, your attorney can request that the insurance adjuster explain why these records are needed, and if the answer is not convincing, or he or she is clearly intruding on your privacy, your attorney can reject the request.

If your case goes to court, your attorney and the defense attorney will be able to argue about your medical records – especially when the adjuster is requesting records that are irrelevant to the claim.

Sometimes, an adjuster may request an IME instead of your medical records, or in conjunction with your records. The IME is often used when there is a question about the seriousness of your injury – such as two medical professionals with conflicting opinions. The insurance company will have you meet with a doctor of its choice for an examination to determine the true extent of the injuries. It is important to note that these are rarely ordered – because the insurer has to pay for the examination and doctor’s fee.

You are not required to submit to the IME, unless it is a claim with your own insurance company – and your insurance policy requires you go to an IME as part of your policy.

If you have been Injured in a car accident, contact an attorney in Atlanta right away. An attorney from Van Sant Law, can review requests from insurance claims adjusters and ensure that you are only subjecting yourself to medical inquiries relevant to your claim. Schedule a free, no-obligation consultation today with our attorneys at (800) 234-9556 You can also ask a question online.

If you do not wear a seatbelt in your vehicle and then are involved in a car accident, you may wonder if you are still eligible for collecting compensation for your injuries – after all, you didn’t cause the accident. If you are indeed the victim of someone else’s negligence, the answer will depend on all of the facts of your case. Because you were not wearing a seatbelt, you were breaking the law and you will receive a traffic violation for such. However, you did not cause the accident, so the person responsible may still be required to pay compensation to you for your injuries and losses.

The Basis of a Claim

There are two major factors used to determine the basis of your claim: negligence and causation. You must not only prove that the other driver was negligent, but that their specific negligence is what led to your injuries. In an accident claim where you may be partially at fault, you would have to establish that the injuries you are claiming compensation for were caused by the defendant’s negligence, and not your own actions.

Georgia does allow for comparative negligence. This means that an injured plaintiff can recover damages even if they were partially to blame for the accident and, accordingly, their injuries. However, proving causation is vital to your claim, and you will likely need the assistance of a car accident attorney.

Modified Comparative Negligence

Some states will bar you from collecting any compensation even if you are only one percent at fault. Georgia does not. Instead, the state uses the comparative negligence law, which allows you to collect even if you were partially negligent. Under the modified rule, you can only collect damages if the defendant was 50 percent or more at fault for your injuries – if, on the other hand, you were found to be 50 percent or more responsible, then you cannot collect damages in a personal injury lawsuit.

The other party may also attempt to state that you contributed to the accident or your injuries by failing to wear your seatbelt. The insurer may look for these types of details in order to limit their settlement proposal or try to eliminate settlement altogether. However, if you were 49 percent or less at fault, you are eligible to recover damages under Georgia laws.

Percentage Impacts Recovery

You will not be able to recover the full amount of your settlement if you have contributed to the injuries in any way. The final judgment amount is based on how much at-fault the courts feel you were. For example, say you didn’t wear a seatbelt and the courts felt that you contributed to at least 20 percent of your own damages. Therefore, your final settlement amount awarded by the court would then be reduced by 20 percent to account for your own actions.

This is where an attorney comes in. An attorney can help you prove liability in the injury case, and also ensure that you receive the compensation you are entitled to – despite being partially at fault. If you have been Injured in an automobile accident, contact the Atlanta injury attorneys at Van Sant Law, today. We will go over the details of your case during a no obligation consultation, providing you with an analysis of your claim and laying out your best options for moving forward. Call 770-886-9199 to schedule an appointment or ask your legal questions online right now.

Incidents of road rage are increasing in the United States. These incidents can lead to devastating accidents – including death. When you are the victim of a car accident caused by road rage, you may wonder if you can sue the other driver for his or her actions and your losses. If you can identify the individual who caused the incident, you may be able to file a personal injury lawsuit against that person. In addition, he or she may face criminal charges, based on the circumstances of the incident.

In some instances, road rage can be considered assault and battery. That is because road rage involves intentional acts, and a car accident caused by road rage is intentional – not accidental. If the other individual threatens to hit your vehicle, he or she could be found guilty of assault. If that individual actually touches you or purposely strikes your vehicle, then he or she could be found guilty of battery. Some examples of battery with a road rage incident include:

• The other driver purposely struck your vehicle with his or her own vehicle.
• The other driver got out of the vehicle and started to attack your vehicle physically.
• The other driver drove you off the road, and then got out of the vehicle to strike you.

You do not need a guilty verdict or even criminal charges filed to file your personal injury lawsuit against the other driver – but they could help. If the other driver has criminal charges filed against him or her, proving liability becomes a little easier. Even if they are not arrested, you can file a personal injury suit. You would, however, need to show that they intended to hit your vehicle, were acting out of rage, etc. Also, you would need to prove that they caused the accident – such as rear-ending you on purpose or driving your vehicle off the road.

Because road rage is intentional and often malicious, the award could include punitive, in addition to compensatory, damages. That means the courts could issue a damage award to punish the defendant for these actions.

If you are Injured in a car accident, you could file for damages that include:

1. Medical Costs – This includes your initial treatment as well as any future treatments that you will encounter as a result of the accident.
2. Lost Wages – This includes time away from work for recovery, doctors’ visits, post-accident treatments, and even court.
3. Pain and Suffering – This will include any physical and emotional pain that you have suffered. It can include post-traumatic stress, anxiety, and depression, as well as the physical pain associated with your injuries.

Not as much as you might think. In Georgia, a car accident must be investigated by the police. Officers on the scene are required to file a report if there is:

• Property damage of $500 or more.
• An injury or death.
• A request by any driver involved in the wreck, or an owner of a vehicle involved.

The police officer’s investigation report includes detailed information about the incident and his or her observations regarding what happened. The officer may get information and statements from drivers and accident witnesses to prepare the report.

During the investigation, the police officer will likely ask you questions. You should always be polite and respectful and answer honestly. However, you should never apologize for the accident or talk about potential causes of the crash. It’s always okay to say, “I don’t know” if that’s a true statement.

At this point, don’t discuss who’s at fault for the crash. You may say something that you do not mean to say, and the issue of fault will be addressed later.

In many cases, you will want to provide the officer with limited information such as your license, registration, and insurance information and any facts you know for sure.

The officer’s report typically needs to be filed within three days of the crash. While the police report cannot be used as evidence of negligence in court, it may have a lot of useful information for you and your car accident lawyer.

To learn more about car accident reports and additional tips for protecting your car accident injury recovery, please contact our experienced accident attorneys as soon as possible. We represent car accident victims in metro Atlanta and throughout Georgia, and we’d be happy to provide you with a free case evaluation. Call us, or start an online chat, to learn more.

Being involved in a car accident can leave you with a number of questions. We invite you to review this Frequently Asked Questions page targeted specifically at car accidents. For further inquiries into your case specifically, get in touch with our Georgia auto accident personal injury attorney.

How Do I Know If I Have a Case?

This is a question that many people find themselves asking. They are unsure if they even have a case to pursue or if it is worth it. There is no exact way to determine whether or not you have a case that will result in compensation, but there are a number of indicators that can provide further insight. Was there another personal that was at fault for the incident occurring? Did they act negligently or in a way that another prudent person would not have? It will need to be possible to tie that their negligence was what caused the accident and was therefore responsible for the injuries that were suffered. For a better idea of whether or not you have a case, turn to a professional to review the details. They have the experience to assess your case and provide reputable guidance. They know what it takes to get results and their evaluation may guide your case in the right direction. Our Georgia car accident attorney has seen what works and what doesn’t, along with what cases stand. As an accident victim, you will have the burden of proof to show that the other party was responsible so getting started on the right foot is important.

What Information Do I Need to Get After the Accident?

When you are involved in a car wreck it can be hard to think clearly at that time. You may go to speak with the other driver and be unsure which of their information you should obtain. For starters, you want to gain their contact information including name, number and address. Get their insurance information as well including the policy number, the provider and the phone number. Get a picture of their driver’s license if you can, as well as their license plate. It is a good idea to take pictures of the scene, as this can be useful later to stage together what happened.

What Do I Say During the Police Report?

An officer may arrive on the scene on their own, or you may need to contact them if the situation is more serious. If they do not need to come, then you can call the police to make a report of the incident. When an officer is making a report they will include detailed information and will give their view on what took place. They will want to take your statement and you should comply with their questions. Do not get into who is at fault at this point, as this can be addressed later and you may say something that you do not mean.

What Can I Be Compensated for?

Depending on the extent of the accident there are a number of areas that you may deserve compensation for. One of the main concerns if often the health costs. The injuries you suffer can leave you with ongoing expenses including the initial hospital visit, checkups after, needed surgical procedures, rehabilitative treatment or modifications to your home and car so that you can cope with the limitations your injury. You may be out of work for a period of time, and lost wages can be considered. If you cannot return to your old line of work and need to be trained in a new field then this can be sought as well. If you are permanently disabled then compensation should be considered for the current lost income and the future influence. Additional pain and suffering may be pursued in a case as well since the effects of an accident can be more than just physical.

How Do I Pay for My Attorney If I Don’t Receive Compensation?

At Van Sant, LLC, we understand that this detail is what sets many people back from getting the representation that they need. Without an assurance that you will receive compensation it can be challenging to trust your attorney. We don’t want you to have to worry about the cost of getting the help you need, especially when you are faced with something so serious. We work on a contingency fee basis so if you don’t receive compensation, you don’t have to worry about the cost. Get in touch with our team for further information or view our verdicts to see some of the results we have gotten our clients in the past.

Yes—but with a catch. The at-fault insurance company will never pay your bills as you incur them. They will pay one time and one time only, and that will be in exchange for a full release of all claims. The insurance companies know that if they were to pay your expenses as you go, it would increase the value of the claim and ultimately cost them more money. Therefore, they will not help you get the treatment you need. Instead, they will often try to keep you from getting the treatment you need in an effort to suppress the value of your claim.

It depends. If the product was defective, either because of a design flaw or a manufacturing defect, or if the manufacturer failed to provide you with proper warning or instructions, you may have a case.

It depends. If the product was defective, either because of a design flaw or a manufacturing defect, or if the manufacturer failed to provide you with proper warning or instructions, you may have a case.

You may not have enough saved to address the serious losses associated with a motorcycle accident. The damages that you may be able to obtain in a lawsuit could be life-saving. It is important to investigate the causes of a motorcycle accident carefully to determine all the potentially responsible parties. In some complex situations, we may need to retain an accident reconstruction expert to figure out precisely what happened.

Injured motorcycle passengers may be able to hold drivers of other vehicles accountable when those drivers were negligent. To prove negligence by a preponderance of the evidence, you would need to show that the other driver owed you a duty to use reasonable care, the other driver breached the duty to use reasonable care, causation, and damages. Often, drivers of larger vehicles fail to yield to motorcyclists or do not notice them at all. Motorcycle accidents frequently occur at intersections.

However, there are also situations in which a motorcycle accident is the fault of a motorcyclist. As a passenger, you would need to show that the motorcyclist was at fault. In most cases, this means that you will need to show the motorcyclist’s negligence. For example, you may be able to show negligence if you were riding with a motorcyclist who was lane splitting on a highway.

Other parties that may share responsibility for a motorcycle accident in which you were injured include a motorcycle manufacturer, a property owner, a truck driver, or a mechanic.

Georgia follows a rule of modified comparative negligence. Under this rule, your damages can be reduced by an amount equal to your fault for your own injuries. If you were 50% or more at fault for your own injuries, you may be barred from recovery. As a passenger, this rule may not affect you. However, Georgia requires both passengers and operators to wear a helmet while riding on a motorcycle. Under Section 40-6-315, nobody is supposed to ride a motorcycle without protective headgear that complies with the Commissioner of Public Safety's standards. If the jury determines that your injuries were partly caused by your failure to wear a helmet as a passenger, your damages may be reduced by your percentage of fault.

In Georgia, each party is liable only for his or her proportionate share of the total damages. It is crucial to bring in all the parties responsible for your injuries. You cannot pursue damages from a defendant to the extent that those damages exceed the defendant's proportionate share.

Compensatory damages that you may be able to recover include emergency care, medical treatment, the cost of surgery, replacement services, lost income, loss of enjoyment of life, loss of consortium, and pain and suffering.

If you sustained injuries as a motorcycle passenger in a crash, you should discuss your situation with the personal injury lawyers at Van Sant Law. We are committed to seeking justice for accident victims. Our attorneys represent people throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at (800) 234-9556 or complete our online form.

Yes. In Georgia, being partly at fault for an accident doesn’t necessarily prevent you from collecting compensation for damages. This is because the state follows comparative negligence rules for personal injury cases. Here’s what that means for you and your potential motorcycle accident claim.

How Comparative Negligence Might Apply to Your Case

After the crash, insurance companies investigate and assign both parties a percentage of fault. Under the comparative negligence standard, you can file a claim and seek compensation as long as you were no more than 49 percent responsible for the accident. If you are 50 percent at fault or more, you lose your right to pursue a financial recovery.

Comparative negligence rules don’t just affect whether you can file a claim for damages. They also require any settlement or monetary award you receive to be reduced to reflect your percentage of fault. For example, if the amount you were set to receive in damages was $100,000, but it’s determined you’re 25 percent at fault, you would only receive $75,000.

As a result, fault percentage is often hotly contested in Georgia motorcycle crash cases. This is why you need a knowledgeable and experienced personal injury attorney to handle your claim.

An adept attorney can help you protect your right to a fair recovery. Your attorney will investigate the accident and gather evidence to build a strong case to prove the other party’s negligence. He or she may even be able to negotiate a lower assigned fault percentage for you, so you take home more compensation than you would otherwise.

Get the Answers You Need Today

Don’t go up against the insurance company and their savvy corporate counsel on your own. The skillful personal injury attorneys with Van Sant Law have a long and successful track record of helping motorcycle crash victims safeguard their rights, overcome the implicit bias against bikers, and obtain much-needed compensation.

Motorcycle accidents don’t just endanger a person’s physical well-being—they can also deal a significant blow to a victim’s financial situation.

This is especially true if the biker’s injuries are serious, require extensive medical treatment, and prevent them from working.

The situation can lead to significant stress for people who are often consumed with worry about how they’ll pay their bills while injured and out of work.

If negligence on the part of another person or entity caused the crash, injured individuals may be entitled to compensation for medical expenses, lost wages, and other damages. Unfortunately, a settlement or financial award that comes weeks, months, or even years down the line won’t help them pay the bills currently piling up on the kitchen table.

There are numerous ways that Georgia motorcycle accident victims can handle bills in the interim.

• Billing their health insurance company and using the MedPay portion of their auto insurance coverage as an additional layer of protection.
• Contacting an attorney to file a personal injury lawsuit and begin negotiations. These types of attorneys work on contingency, meaning they’re paid out of the victim’s financial award, rather than upfront.
• Working with medical providers to defer payment until the case is resolved. Medical expenses are often the first items reimbursed out of a settlement.
• Accessing personal savings, borrowing from family, or taking out a loan. These options can be particularly helpful for paying household bills such as rent, utilities, and food.

After a Georgia motorcycle accident, many people often struggle to regain both physical and financial health. However, a motorcycle crash doesn’t have to put you in dire financial straits.

If you were hurt in an Atlanta-area motorcycle wreck that wasn’t your fault, the experienced personal injury attorneys with Van Sant Law will explain your legal rights, discuss options for paying bills, and help you determine what to do next. Contact us today to schedule an appointment for a free initial consultation to discuss your case with a member of our legal team.

If you were injured in a motorcycle accident, it’s important not to sign anything without first consulting an attorney—especially information requests from the other party’s insurance company.

Though it may seem reasonable to give an insurance adjuster access to your medical records so he or she can verify your injuries and process your claim, there’s more to this request than meets the eye.

Signing a medical records release authorization form doesn’t just give the adjuster access to the records related to the crash: it provides them with your entire medical history. While this is good news for the insurance company, it can have a devastating effect on your personal injury insurance claim or lawsuit.

Insurance companies aren’t in business to help people—they’re in business to make a profit. Some of the surest ways for insurers to keep costs down and their books in the black are to deny valid claims or pay claimants less than what they deserve. Insurance companies do this by using the information you provide against you.

When you release your medical history to the other party’s insurance company after a motorcycle accident, it’s not just looking to verify your injuries. The adjuster is looking for ways to blame them on preexisting conditions or past accidents so the carrier can reduce its financial obligation to you.

Don’t give the adjuster any ammunition. Speak to a motorcycle accident attorney before you provide information. An attorney will tell you which requests are reasonable and which are fishing expeditions that could damage your ability to collect a fair financial recovery. Your legal counsel will also let you know what to give an insurance company and when, and carefully word releases so the information you share is restricted to what’s relevant to your motorcycle accident claim.

If you were hurt in a motorcycle accident, the skilled attorneys with Van Sant Law can help you understand your legal rights and options, overcome the bias against bikers, and fight for compensation. Have questions? Contact us online or call our office directly at (800) 234-9556 today to schedule a free initial consultation.

After a Georgia motorcycle crash, time is of the essence in more ways than one. Motorcyclists should report the accident to law enforcement, seek medical attention, collect evidence from the scene, and notify their insurance company as soon as possible.

However, these aren’t the only aspects of a Georgia motorcycle accident case that require haste.

Riders hurt in wrecks caused by another person or entity’s negligence may be preoccupied with devastating injuries, and understandably so. Unfortunately, they have a limited time to take legal action to pursue compensation for injuries and other damages. In most cases, motorcyclists have just two years from the date of the crash to file personal injury lawsuits.

Two years may seem like a long time, but it can pass quickly, especially when people are focused on recovering from their physical injuries. Once the two-year time limit expires, victims no longer have grounds to pursue a legal remedy. If they attempt to file a lawsuit after the deadline, it can be dismissed outright.

It’s important to realize someone doesn’t have to miss the filing deadline in order to do serious damage to a case. Delaying action, even for a relatively short time, can have unintended consequences. For example, essential evidence can be lost, contaminated, or destroyed; or witnesses can move without updating their contact information, forget the details of what they saw, or even die.

If you were hurt in a Georgia motorcycle accident, don’t let a lawsuit filing delay damage your case and threaten your ability to make a fair financial recovery.

Our skilled attorneys will help you explore your options for compensation and guide you through every step of the personal injury process. Contact Van Sant Law today to schedule an appointment for a free initial consultation.

Motorcycle accidents can be extremely devastating and the first step after such an accident is to determine who or what caused it. It is common for insurance adjusters and investigators to find that another driver or the rider caused the accident, but there are also instances where a defect on the motorcycle itself led to the injuries.

When Motorcycles Have Defects

Defective components and bikes can lead to a loss of control and fatal accidents – especially when the defect is discovered at high speeds. There are hundreds of components that make up a motorcycle and any one of them could malfunction, resulting in a devastating accident. Just some of the more common defects seen in these types of incidents include:

• Brake Failures – Accidents quickly turn fatal when a rider is unable to stop their motorcycle – even at slow speeds. When brakes fail, the brake manufacturer, distributor or even the mechanic that last serviced the bike could be held liable for the injuries.
• Faulty Bike Tires – Motorcycle tires are extremely important to the overall safety of the bike. When these fail, it is more than likely the rider will suffer extreme injuries. Faulty tires can be an issue for the tire manufacturer, the company that sold the tires or even the company that installed the tires on the bike.
• Fuel System Failures – Fuel system failures often lead to crashes and devastating fires (and burn injuries). Defectively designed fuel systems are usually held against the manufacturer or company responsible for designing and/or installing the fuel system itself.
• Dangerous Design – Motorcycles are designed to be safe and should not be sold if they have a design flaw. That being said, sometimes these design flaws get past the eyes of safety experts and dangerously designed bikes are sold to consumers. When a design defect occurs, the company that designed the bike, manufactured the bike and even sold the bike could be liable for any injuries that occur. Also, if a third party was responsible for independently testing the bike’s safety, they could be liable for any injuries – because they failed to observe the design defect.
• Manufacturing Defects – These occur when components of the bike are manufactured and not necessarily as part of the design. There could be just a handful of defective parts or all of the particular parts sold could be defective. In these instances, the company responsible for manufacturing them as well as their distributors could be liable.

Speak With an Accident Attorney Regarding Your Bike Defect

Sometimes it is not always clear which party is at fault for bike defects. While the manufacturer often takes the brunt of the blame, there are often third parties that are equally to blame. After your serious motorcycle accident, contact Van Sant Law, for a consultation at (800) 234-9556 or fill out an online contact form with your questions.

You are ready for the open road on just two wheels. You have the gear, the perfect bike, but what about insurance?

All states have minimum insurance requirements for motorcycles, and just like vehicles, you can receive a citation if you fail to meet those minimums.

Motorcycle insurance is vital in the event of an accident. It might be your only means of financial security if you are involved in a serious accident and need money for medical costs, lost wages, and more. Therefore, this legal and economic necessity is something that no motorcycle rider should shrug off.

In Georgia, you have mandatory minimums required for motorcycle insurance. These include:

• A minimum of $25,000 for bodily injury or fatality of a person in a motorcycle accident
• Minimum of $50,000 for bodily harm of at least two people in a motorcycle accident
• Minimum of $25,000 for property damage from a motorcycle accident

While these are the state-required levels of insurance, these should not be your personal minimums. $25,000 is hardly enough for the catastrophic medical costs associated with even a minor motorcycle collision.

Also, as a rider, you are required to carry your proof of insurance on your bike always.

Georgia is an at-fault state; therefore, if you are found at-fault for causing an accident, then you are personally responsible for paying for the damages. If you have the minimum policy limits on your motorcycle insurance, you would be required to pay from your bank accounts and assets the remaining balances.

You are also required to establish financial responsibility for your motorcycle. Therefore, you would be required to be able to cover the cost of the accident involving your bike. Ways you can do this include:

• Purchasing motorcycle insurance
• Buying traditional liability insurance from your motor vehicle insurance company
• Using a self-insured program

There are penalties for not having motorcycle insurance in the state of Georgia. These penalties include:

• Up to six months of a motorcycle registration suspension
• A $25 fee and registration reinstatement fee of as much as $160
• Potential misdemeanor charges if you ride your motorcycle without paying your fees and without registering the motorcycle

Most riders do not understand the heavy financial burden that comes with a motorcycle accident until it happens to them. By then, it is too late to change insurance policies and receive the compensation necessary to pay for these compounding costs. A motorcycle rider needs to be aware of the potential costs from an accident, and realize that even if they do not cause an accident, the other driver may not have insurance or may leave the scene – making the rider rely solely on his or her own insurance policy.

Motorcycle insurance protects riders and their passengers. Not only will it replace or repair the bike, but it covers other vital expenses after an accident.

Here are just some reasons to reconsider upping your policy from the mandatory minimums:

• Medical Costs Are on the Rise – Your medical bills for a motorcycle accident will be much higher than your average passenger vehicle accident. Think about riding a bike and how every part of your body is exposed to the road, debris, and other vehicles. Often, an accident at even minor speeds can lead to multiple lacerations, broken bones, brain trauma, and even spinal cord damage. The medical costs will quickly exceed any mandatory minimum – sometimes after just a single day of medical care.
• Motorcycles Are Expensive – Motorcycles range from $5,000 to $10,000 for a basic bike, but some higher-end motorcycles can cost over $20,000. When you have the minimums, you might not have enough to cover your expensive bike, especially if it is totaled in the accident.
• Medical Costs for Passengers Too – If you like to ride your motorcycle with a passenger in tow, then you must review your policy carefully. While you are required to have $50,000 for up to two people, realize that if both of you are seriously injured, that $50,000 split between two victims goes quickly – leaving you paying for medical costs with health insurance or out of your pocket.
• You Might Be at Fault for an Accident – If you are at-fault for the motorcycle accident, you need collision coverage to cover the costs of the other vehicle you collide with.

Not all drivers on the road have motor vehicle insurance, and many will carry the state minimums, which are hardly enough to cover your losses. Therefore, you should also consider adding underinsured or uninsured motorist protection to your insurance policy. Uninsured and underinsured policies will protect you in the event the at-fault party does not have enough insurance to cover your damages, or they have no insurance. Also, if the driver leaves the scene, your uninsured motorist coverage can cover your medical costs, lost wages, and more – while you wait for the police to find that driver who caused your accident.

Motorcycle accidents are devastating. Most victims will suffer from serious injuries, some of which are life-threatening and leave them permanently disabled.

If you have been seriously Injured in a motorcycle accident, report the incident to your insurance company. Then, contact an attorney from Van Sant Law. Our Georgia team is here to help you receive compensation for your injuries but also work with insurance companies so that you get the most out of your insurance policy.

Schedule a free, no-obligation consultation today at (800) 234-9556 or contact us online to get started.

Learning that a medical treatment or procedure didn’t go as you’d hoped can be disappointing. Finding out that the reason you experienced a poor outcome was because a doctor, nurse, other medical professional, or hospital failed to provide the acceptable standard of care is absolutely devastating.

If you were injured or harmed by a medical professional’s misdiagnosis, delayed diagnosis, surgical or anesthesia error, failure to treat, or medication error, you may have grounds to file a Georgia medical malpractice lawsuit.

Here’s what you can do to start your case:

• See another doctor. Getting appropriate care from a different doctor is not only important for your health, but it also makes it possible for any conditions caused or exacerbated by your original doctor to be documented in your medical records
• Obtain your medical records. Thorough medical documentation is essential in malpractice cases, as it shows the steps your original doctor took—or didn’t take—that resulted in your injury. You have a right to your records: make a written request to the appropriate health care facility or contact an attorney for help.
• Consult an attorney. A skilled attorney can support and advise you through each step of the litigation process, and increase your chances of achieving a successful resolution to your case.
• Have a qualified medical expert prepare an “affidavit of expert.” Georgia requires medical malpractice complaints to include an affidavit prepared by a medical expert offering their sworn opinion of at least one example of medical negligence in your case, as well as a factual basis for that determination. Failing to provide this statement can cause your case to be dismissed. Your attorney can help you find a qualified medical expert to speak on your behalf.
• Draft and file your medical malpractice complaint. Work with your attorney to present a case against the negligent doctor or hospital. The filing of the complaint is the first official step in the litigation process.

Act Now With Help from Expert Legal Counsel

Hoping to recover compensation for injuries caused by medical negligence? It’s important to act quickly. According to Georgia’s statute of limitation for medical malpractice cases, you have just two years from the date your injury occurred to file a lawsuit. In instances where the injury wasn’t immediately discoverable, however, this filing deadline may be extended.

Harmed as a result of a medical professional’s negligence? Speak with a member of Van Sant Law’s accomplished legal team as soon as possible. Please contact us online, or call our office directly at (800) 234-9556, to schedule your free consultation.

Injury Attorneys Serving Atlanta and Surrounding Areas

Nursing home understaffing is one of the leading causes of abuse and neglect in long-term care facilities. When there are not enough staff members to care for residents, there is a greater likelihood that residents will go unsupervised or receive inadequate care. There is also a greater chance that existing staff members will be frustrated and overworked. When you put a loved one in a facility, you assume that the facility will take better care of him or her than you would. Unfortunately, nursing home abuse is not uncommon. If your loved one was injured as a result of nursing home understaffing, you should call the Atlanta nursing home abuse lawyers at Van Sant Law to determine whether you have grounds for a lawsuit. We can sign up your case electronically if you are concerned about your safety, or we can visit you at a location convenient to you if you prefer.

Nursing Home Understaffing

State and federal laws regulate staffing in nursing homes. In Georgia, when a personal care home has 25 or more beds, it is required to have a staffing ratio of at least one direct care staff person for every 15 residents during waking hours and for every 20 residents during non-waking hours. The same is true for assisted living communities. A licensed pharmacist must provide services to perform certain tasks. In an assisted living community, there must be a registered professional nurse or licensed nurse on site and two direct care staff persons at all times. Nursing homes must have enough nursing staff who are competent to provide care to maintain the highest practicable degree of resident well-being. Additionally, nursing homes are supposed to take into account the particular needs of residents to ensure adequate staffing levels.

Liability

Unfortunately, nursing home residents may be at the mercy of nursing home staff. They may be harmed by emotional, physical, or sexual abuse. Sometimes these abuses result from understaffing. You may be able to recover damages if a loved one was harmed by nursing home understaffing. You may have causes of action against the nursing home, as well as an individual staff member. Nursing homes can be held accountable for understaffing under a theory of negligence.

Nursing homes must make staffing decisions in accordance with the standard of care usually used by skilled nursing facilities. You may need to establish negligence to recover damages. This means that your attorney will need to show that it is more likely than not that the nursing home owed you a duty of care, the nursing home breached the duty of care, causation, and damages. A nursing home's failure to abide by state or federal regulations regarding staffing may be evidence of negligence.

Damages

If we can establish a nursing home’s liability for understaffing, we may be able to recover damages. When understaffing is simply a result of negligence, you may be able to recover compensatory damages, which are intended to make a victim whole. These may include medical bills, pain and suffering, mental anguish, rehabilitation, therapy, and loss of enjoyment of life. The damages that you can recover depend on the severity of the injuries. For example, if understaffing resulted in your elderly mother suffering from Stage 4 bedsores and sepsis and needing substantial medical care, you may be able to recover the cost of that medical care.

When a nursing home’s conduct was especially egregious, it may be appropriate to pursue punitive damages under O.C.G.A. Section 51-12-5.1. We will need proof that the nursing home’s conduct showed an entire want of care that would raise a presumption of conscious indifference to consequences, oppression, wantonness, fraud, malice, or willful misconduct. The standard for proving punitive damages is clear and convincing evidence, which is greater than the preponderance of the evidence standard needed to prove negligence. The purpose of punitive damages is to punish the defendant and deter others from acting in similar ways with regard to staffing in the future.

Consult an Atlanta Attorney for Your Nursing Home Case

If you or a loved one sustained injuries due to nursing home understaffing in Georgia, you should consult the seasoned personal injury attorneys at Van Sant Law. We are committed to seeking justice for injured nursing home residents and their families. We represent people throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at (800) 234-9556 or complete our online form.

Yes. If you or someone you love was a victim of abuse or neglect at a Georgia nursing home facility, it’s almost always in your best interest to work closely with an experienced attorney when pursing a claim for compensation. That’s because a nursing home abuse lawyer:

• Knows the relevant laws inside and out, and can handle your case from start to finish, saving you valuable time and effort that may be better spent focusing on your—or your loved one’s—physical and emotional recovery.
• Can advise you on how to document the abuse in a way that builds a strong case for the damages you’re seeking.
• Can level the playing field between you and the nursing home facility’s savvy corporate counsel, whereas plaintiffs who forgo professional legal representation are often at a significant disadvantage.
• Can help ensure the nursing home, its parent company, and their insurer handle your claim fairly, and are unable to escape responsibility or trick you into accepting less compensation than you deserve.
• Will assist you in reporting instances of nursing home abuse or neglect to the appropriate authorities.
• Can successfully push for policy changes at the nursing home facility to prevent the abuse you—or a loved one—suffered from happening to other vulnerable residents.

In a perfect world, you’d be able to trust the nursing home you tasked with your care or the care of an aging relative to do the right thing and fairly compensate residents who were abused or neglected.

Sadly, the world we live in is far from perfect, and nursing home facility owners and insurers are often more concerned with protecting their bottom line than ensuring victims receive the compensation and justice they deserve.

The knowledgeable attorneys with Van Sant Law can help you understand your legal rights and recovery options. Contact us today to schedule an appointment for a free initial consultation.

Georgia’s premises liability laws require all property owners and land occupants to be prudent and exercise care to keep their premises safe for all guests and invitees.

While it is a legal requirement, that does not mean all property owners follow it. In fact, each year hundreds of individuals are injured on a property due to dangerous conditions, including inadequate security, slippery surfaces, poor lighting, defective stairs, and poor maintenance.

Defective conditions that are not corrected become the liability of the property owner.

It is important to understand how Georgia’s premises liability laws work, but also to speak with an injury attorney if you were Injured in an accident on someone’s property. An attorney must evaluate your case, explore the facts and circumstances that led to your injury, then determine if you have a premises liability claim.

Is Your Premises Liability Case Viable?

To hold an owner or manager responsible for your injuries, three specific factors must be met:

1. The defendant is the owner. The person you name responsible for your injuries must be the owner or occupier of the land where you were injured.
2. You must have a right to be there. You cannot trespass on someone’s property in Georgia and then sue them for injuries you sustain as a result. Instead, you must have an expressed or implied invitation to be there or be on the property for lawful purposes.
3. Failure to exercise. Your injuries must be the direct result of an accident that occurred because of the defendant’s failure to exercise the proper or reasonable care of their property.

Who Is an Invitee?

An invitee is anyone that is allowed to be on the property because he or she is doing business with the owner. An invitee receives the highest level of protection under Georgia premises liability laws and includes hotel guests, restaurant diners, shoppers, and other customers of commercial establishments.

For guests, property owners must inspect their premises regularly and ensure there are no dangers or hazards. They also must correct any obvious dangers or hazards without a reasonable amount of time. If they cannot correct them quickly, they are required to warn guests of those hazards. Failing to warn is just as negligent as failing to fix the issue.

Typical Examples of Premises Liability

While premises liability can encompass a wide range of incidents, some more common examples include:

• Negligent Security – When an assault or other crime happens because the premises failed to provide their invitees and guests with proper security.
• Slip and Fall Accidents – These can occur indoors and outdoors and are often on slippery or wet surfaces, such as ice or spills.
• Swimming Pool Accidents – Incidents inside or around the swimming pool may be an issue of premises liability.
• Stairway Accidents – Falls, trips, and slips on stairs because of defects, lack of handrails or failure to construct to building safety codes could constitute civil charges.
• Nursing Home Accidents – Slips, trips, falls, and other injuries that occur due to poorly maintained nursing homes.
• Amusement and Carnival Accidents – The companies that offer these events are required to ensure all rides and equipment are safe. Failure to do so could result in a premises liability case.

Use a Law Firm with Years of Experience in Premises Liability Cases

Whether you have suffered from a slip and fall, stairway accident, or another incident that occurred on a person’s property, you may be entitled to compensation for your injuries.

To fully explore your options, speak with a personal injury attorney from Van Sant Law. Schedule a free consultation now at (800) 234-9556 or request more information online.

If you’re hurt in a slip and fall accident on someone else’s property, you need an experienced attorney who can help you understand your legal rights and potential options for compensation. The good news is—you can afford to hire one.

At Van Sant Law, our skilled personal injury attorneys work on a contingency fee basis, so you never face any upfront costs when seeking compensation—and justice—for injuries you sustained as a result of another person’s or company’s negligence. Our no-fee guarantee means that we only get paid if we win your case.

If we’re able to resolve the matter in your favor, we receive an agreed-upon percentage of the settlement or financial award we obtained on your behalf. Working with our stellar legal team takes the pressure off you, allowing you to focus on your physical recovery.

Additionally, studies consistently show that personal injury victims who are represented by an attorney receive larger settlements and financial awards than those who try to handle their claims alone. Our services practically pay for themselves, and there’s no risk to you.

We know Georgia’s personal injury laws inside and out—and we’re adept at spotting the tactics insurances companies use to try to get you to settle for less. We can also:

• Investigate your slip and fall claim.
• Gather evidence to document the accident and your injuries.
• Handle all communication with the insurance company.
• Negotiate a fair financial recovery for your injuries and losses.
• Take your case all the way to trial if it’s in your best interests.

Our adept personal injury attorneys have helped slip and fall premises liability clients throughout Georgia receive the compensation they need and deserve. Find out more about what we can do to help you. Please contact us online or call our office directly at (800) 234-9556 to schedule your free consultation.

After a slip and fall due to a hazardous condition on a person’s private or business property, you might consider a lawsuit to cover your medical costs and lost wages. A lawsuit against the property owner helps you secure compensation, but how much would you receive for your slip and fall? Will the insurance company offer what you deserve?

One of the factors you want to consider before taking a settlement or even filing a claim is how much your case is worth and the likelihood you will receive that amount. There is no set dollar value for a slip and fall case, and no two cases are the same. Therefore, it will come down to the unique factors of your slip and fall incident.

The amount of money insurance companies or defense attorneys offer during negotiations will vary. Let’s look at some factors that will affect your settlement.

When calculating how much your case is worth, the first item your attorney will evaluate is your medical costs. All past and future medical treatments related to the injury will be one of the leading points for determining your case value.

The amount used to calculate medical expenses will include what you have paid out of pocket and what your health insurer has paid. Also, your attorney will calculate future medical costs, such as therapy, surgeries, or medications you may need for the rest of your life because of the accident.

A valid case will be at least worth the total value of your medical expenses; therefore, you can safely assume that you will at least receive the amount you have paid in medical costs.

Pain and suffering damages are not as easily calculated or guaranteed as medical costs.

Instead, it is a highly variable component, and it depends solely on the severity and permanency of the injuries you have from your slip and fall. Your attorney will look at the type of injury and medical costs, then use a multiplier along with past cases to decide what your pain and suffering value will likely be.

Some injuries qualify for a higher pain and suffering value than others. Long-term injuries or those that leave a person permanently disfigured or disabled will have a higher value than injuries you recover from quickly.

For example, say that you fell down a flight of stairs and broke several bones. Because of your injuries, you now permanently walk with a limp and require a cane. In this case, the insurance company would use a higher multiplier because of the long-term suffering you will have. Conversely, let’s say you fell but only sprained your ankle. You made a full recovery and returned to work within a few months. In this case, you would have a lower multiplier, because your injuries are not permanent.

When you miss work because of an injury, you are typically entitled to recover the value of any wages lost. You must verify the amount of wages and time missed from work through your employer and a pay stub. Also, you must show that you had a legitimate reason to lose those hours. If you have recovered from your injury, but remain at home and do not work, the defense can argue that the compensation for those days does not apply.

Some injuries from a slip and fall might leave you permanently disabled or unable to return to work as you did before the injury. Whether you cannot work at all, must work part-time, or must take a lesser paying job because of your injuries, you are entitled to compensation for the loss of earning potential.

If you successfully establish your right to collect for a loss of earning potential, you can also receive compensation so that you can be trained or educated in a different field or receive a lump sum for the compensation you will miss.

In a slip and fall case, do not be surprised if the insurer or defense tries to push some of the blame on you. While you might have encountered conditions that caused your slip and fall accident, you must show that you are free from guilt to put 100 percent of the liability on the defendant.

If you are not free from guilt in the accident, then your contribution in the crash is considered when a judge determines how much compensation you should receive.

For example, let’s say that you were 20 percent at-fault for your injuries, but the jury awards you $100,000. In this case, you would have your compensation reduced by your contribution, the 20 percent, which leaves you with $80,000.

The kind of negligence that led to your accident also plays a role. Negligence is the property owners disregard for the safety of you and others on their premises and knowingly leaves a dangerous situation in place rather than correcting it to prevent injury.

The critical assessment here is if a reasonable person would have corrected that same issue and how quickly they would have corrected it. For example, the stairwell had broken railings, and the owner knew about the stairwell’s broken railings for over six months. In this case, a reasonable person would have replaced the stairwell or shut it down until the railing was replaced – long before six months came around. Therefore, the owner obviously breached his or her duty of care.

One of the most significant factors in how much compensation you will be offered is the legal representation you have. The more experienced your attorney, the easier it will be to receive the compensation you deserve for your injuries.

Let the team at Van Sant Law help you with your slip and fall case. We have experience handling claims just like yours, and we know what it takes to get our clients the compensation they need to pay medical costs, lost wages, and more.

Schedule a free, no-obligation consultation with our team today at (800) 234-9556 or request more information online.

After a serious truck accident, victims often worry they won’t be able to afford an attorney to represent them in a personal injury insurance claim or lawsuit, especially if they’re out of work and struggling to keep up with unexpected medical debt and other accident-related losses.

However, with so much at stake, truck crash victims can hardly afford not to have quality legal counsel. Modest resources should never prevent an accident victim from pursuing the justice he or she deserves.

That’s why Van Sant Law works on a contingency fee basis, which means clients aren’t charged for representation unless we recover compensation for them. A truck accident victim can even take advantage of a free initial consultation with a member of our skilled legal team to discuss the case details, as well as learn more about their rights and options for financial recovery.

Were you hurt in a truck accident caused by someone else’s negligence? Here are a few reasons why it’s crucial to consult an experienced personal injury attorney after a Georgia truck crash:

• Cases involving semi-trucks are often more complex than traditional car accident cases, due to the potential for more significant injuries, losses, and damages.
• Truck accident attorneys have in-depth knowledge of the personal injury litigation process, and state and federal trucking regulations that could impact their clients’ cases.
• Liability in truck crash cases may be shared between multiple parties, like the trucker, transportation company, fleet maintenance provider, or parts manufacturer.
• Having quality legal representation can level the playing field between injured plaintiffs and the powerful insurance companies or corporate attorneys they may face—and can even help victims maximize their compensation.
• Truck accident attorneys will help clients build strong cases through evidence such as medical documentation, photos or videos from the scene, eyewitness statements, and testimony from expert witnesses.

Have questions about your truck accident case? Contact Van Sant Law today to schedule an appointment for a complimentary consultation.