Cowan Law Firm,LLCCowan Law Firm, LLC2026-05-27T13:24:35Zhttps://www.cowanlawoffice.com/feed/atom/WordPress/wp-content/uploads/sites/1504650/2023/11/cropped-Site-Graphic-32x32.jpgOn Behalf of Cowan Law Firm, LLC<![CDATA[What to do if a doctor refuses your insurance after a crash]]>https://www.cowanlawoffice.com/?p=2547232026-05-27T13:24:35Z2026-05-27T13:24:35ZAfter a car accident, many injured people are surprised when a doctor’s office or medical provider refuses to bill their regular health insurance. Instead, a provider may insist on using auto insurance coverage, such as MedPay, or waiting for payment from a future personal injury settlement. While frustrating, this situation is common in Georgia injury cases.Medical providers often prefer automobile insurance billing because they believe payment may be higher or processed differently than traditional health insurance reimbursement rates. In some cases, providers may also expect payment from the at-fault driver’s liability insurance claim.
What is an injury victim to do in a situation like this?
Hospitals have an obligation to eventually file a claim under your health insurance. Be sure to insist that the hospital takes your insurance information. It is important to know that under Georgia Code § 33-24-56.1, health insurers may have rights involving reimbursement after a personal injury settlement, but the law also contains important limits and procedural protections regarding medical expense recovery. Working with a skilled legal team can help injury victims to better understand their rights under the State Code. Patients should also be aware of their legal protections under the Georgia Surprise Billing Consumer Protection Act, which addresses certain unexpected medical billing practices and balance billing concerns in Georgia. While these protections do not eliminate every post-accident billing issue, they may help patients who are facing improper out-of-network charges or confusing billing disputes. If a provider refuses your insurance after an accident, start by requesting written explanations regarding why the claim was denied or redirected. Review your health insurance policy carefully and notify your insurer about the accident promptly. Keep copies of all medical bills, denial letters, insurance correspondence and treatment records.Also, do not sign a “Letter of Protection” before seeking legal guidance. This arrangement allows medical treatment to continue while payment is delayed until an injury case resolves. Yet, while Letters of Protection can help injured people obtain care, they may also create significant financial risks if settlement disputes arise later.Coverage disagreements involving MedPay, health insurance liens, reimbursement claims and liability insurance can quickly become overwhelming for injured individuals already dealing with medical recovery. If a medical provider refuses your insurance after a Georgia car accident, do not assume you must handle the situation alone. Seeking legal guidance can help you to avoid costly mistakes and prevent billing problems from becoming even more stressful during your recovery.]]>On Behalf of Cowan Law Firm, LLC<![CDATA[What to do immediately after a car crash in Georgia]]>https://www.cowanlawoffice.com/?p=2544162025-01-01T03:24:17Z2025-01-01T03:24:17ZDocumenting the situation promptly
Circumstances change rapidly after the initial collision occurs. Other vehicles may drive by, changing the position of debris. The drivers may move their vehicles to allow others to pass them safely on the road.
People often need to exit their vehicles and use their mobile devices to record video footage capturing the scene of the crash. They can also use their phones to capture information about the other driver and their insurance policy, as well as the details about the witnesses present when the crash occurred.
Contacting first responders
People often need to check themselves and other people involved in the crash for signs of serious injuries. That way, they can administer first aid and provide accurate information when they call for emergency support services. Identifying the number of people with significant injuries and the nature of their injuries can help people get the care they need and make a major difference regarding their overall likelihood of a full medical recovery.
Notifying the state of the crash is actually mandatory in cases involving significant property damage or injury to others. When police officers do arrive, the people involved in the crash typically need to ensure that they give accurate information about what happened and their suspicions about the cause of the crash. After all, police officers can't investigate if they don't have proper insight into the situation.
Seeking medical attention
The worse the crash itself was, the more important seeing a doctor promptly becomes. People can easily overlook the initial warning signs of significant traumatic injuries.
If there is a delay in their diagnosis, their condition could worsen. They might also put themselves at a disadvantage when they attempt to secure financial compensation for their losses later. Seeing a licensed professional to diagnose or rule out significant injuries can help people limit the losses sustained in a car crash scenario.
Knowing what steps to take after a motor vehicle collision can help people avoid mistakes that may reduce their right to compensation and complicate the claims process later. People with significant losses may also need to consider getting support as they evaluate insurance policy information and determine the best way to secure compensation for their losses.]]>On Behalf of Cowan Law Firm, LLC<![CDATA[Dalton’s Car Accident Settlement Process: What to Expect]]>https://www.cowanlawoffice.com/?p=461552026-04-06T16:53:58Z2023-11-10T11:10:37ZWhat Happens After a Car Accident?
If a negligent driver injures you in a car accident, Georgia state law entitles you to compensation for medical costs, lost wages, and other damages, but settling a personal injury claim is never easy. You’ll need to have the services and advice of a Dalton car accident attorney.
If you’re involved in a crash but you’re not injured, you may not need an attorney’s help. Most auto damage claims are settled quickly and smoothly in Georgia. Unless an insurance company entirely fails its responsibility, it’s usually more expedient to handle your own car damage claim.
However, if you are injured in an auto accident in Georgia because the other motorist was reckless or negligent, and if you file a personal injury claim to recover compensation, fault for the crash must be determined and liability must be assigned. You’ll need legal counsel.
Can You Prove That the Other Driver Was Negligent?
Generally speaking, the law in Georgia requires the at-fault party in a car accident to compensate any injury victims for their medical bills, lost wages, and other damages. But how can you prove that the other motorist was responsible for an accident and for your personal injury or injuries?
The first step is putting yourself in the best legal position for making a personal injury claim. When an accident happens, call for medical assistance for yourself and anyone else who is injured, and call the local police. Swap personal contact and insurance information with the other driver, and take plenty of photos. If there were witnesses, ask for their names and contact details.
The written police accident report will be key evidence, and if your case goes to trial, one of the police officers may even testify about the accident. Photos and eyewitness statements can be powerful evidence in personal injury disputes and may in some cases lead to a quick settlement.
Why is a Medical Exam Imperative After an Accident?
The importance of having a medical exam after a car crash cannot be overstated. If you aren’t taken to a hospital or treated at the accident scene, have a medical examination within 24 hours if possible – even if you feel perfectly healthy.
That medical exam should discover any latent or hard-to-detect injuries, and you’ll need the medical documentation if you file a personal injury claim. Having an immediate medical exam protects you both medically and legally.
In or near the Dalton area, contact a Dalton car accident lawyer immediately after you’ve been treated by a medical provider for your personal injury or injuries. A lawyer can discuss your rights and provide the personalized legal advice that applies to your specific car accident case.
What is Modified Comparative Negligence?
While Georgia requires the liable driver in an accident to compensate anyone who is injured, if both drivers have partial liability for a car accident, the legal doctrine of “modified comparative negligence” applies. What is modified comparative negligence?
If a negligent driver injures you and you file a personal injury claim seeking compensation, you and your Dalton car accident attorney must prove that the other driver was more than fifty percent at fault – and that you had less than fifty percent of the fault – for the collision.
Under modified comparative negligence, a driver’s liability for an accident is based on that driver’s percentage of fault, but if an injury victim has more than fifty percent of the fault for a collision, that victim cannot recover compensation.
How Does Modified Comparative Negligence Work?
An example may be helpful. Let’s say that you are speeding ten or eleven miles per hour over the posted speed limit when your vehicle is struck – and you’re seriously injured – by a driver who breezed through a stop sign while speeding at thirty miles per hour over the limit.
A jury might determine that the other driver was eighty-five percent at fault for the accident, but because you were speeding ten or eleven miles per hour over the limit, you were fifteen percent at fault.
If your damages total $100,000, for example, you’ll only be allowed to recover $85,000. But if you are fifty percent or more at fault for an accident, you won’t be allowed to recover even one dollar of compensation.
How Are Car Accident Injury Claims Resolved?
Most personal injury claims in Georgia, including claims arising from car accidents, are settled privately when the lawyers for both parties meet to negotiate an out-of-court settlement. Most car accident injury victims never even have to make an appearance in court.
But if liability for the crash is in dispute, or if no acceptable settlement offer is forthcoming in the out-of-court negotiations, your Dalton car accident lawyer will take your personal injury claim to trial.
If a trial is required, your lawyer will tell the jury how – and how seriously – you were injured, and your lawyer will then ask that jury to find in your favor and order the payment of your compensation.
When Will You Need a Personal Injury Lawyer?
Even though most personal injury cases are resolved privately, your attorney must be prepared to go to trial. Georgia’s statute of limitations provides two years from the date of a collision to bring an injury claim, but don’t wait two years before speaking to an attorney.
Over time, the evidence in your case could deteriorate, become contaminated, or disappear. The memories of witnesses fade quickly, and after enough time, witnesses can become difficult or impossible to locate.
That’s why you must act quickly and contact a personal injury attorney as soon as possible if you are injured by a negligent or reckless driver in or near the Dalton area.
Cowan Law Firm Fights for the Injured Victims of Negligence
An attorney at Cowan Law Firm will identify the party or parties responsible for your injury, and we will hold that party or parties accountable. We have more than thirty years of experience fighting for – and prevailing on behalf of – the injured victims of negligence in North Georgia.
If you’ve been injured by recklessness or negligence in a car accident, call Cowan Law Firm to schedule a free, in-depth case evaluation with no obligation. You will pay no attorney’s fee to Cowan Law Firm until and unless we recover the compensation you need and deserve.
If you’re injured in North Georgia because a driver was reckless or negligent – now or in the future – once you’ve been examined and treated, call the offices of Cowan Law Firm at [nap_phone id="LOCAL-CT-NUMBER-1"], and let us go to work for you.]]>On Behalf of Cowan Law Firm, LLC<![CDATA[Hit by an Uninsured Driver? Your Options in Dalton, Georgia]]>https://www.cowanlawoffice.com/?p=461542026-04-06T17:02:19Z2023-11-06T11:06:26ZHave You Been Injured by an Uninsured Driver?
Car insurance covers an injury victim’s medical costs after a traffic crash, but if a motorist who doesn’t have auto insurance injures you, what can you do? If a negligent driver with no insurance injures you, you may need to be advised and represented by a Dalton traffic accident lawyer.
Georgia is an at-fault state for car insurance, so when an accident happens, the at-fault driver has liability for the other driver’s losses and damages. The victims injured in the accident recover their compensation by bringing a claim against the at-fault driver’s insurance company.
Under the at-fault system, before a negligent driver’s car insurance company will compensate you for your medical expenses, you have to prove which driver was responsible for the accident, and that’s when you may need the services and advice of an accident attorney.
What Auto Insurance is Required in Georgia?
In the State of Georgia, every driver is required by law to carry car insurance, but the Insurance Information Institute reports that nearly twelve percent of the drivers in this state – about one in eight – are uninsured and don’t have the legally required minimum insurance coverage, which is:
$25,000 per person for bodily injury coverage
$50,000 total per collision for bodily injury coverage
$25,000 per collision for property damage coverage
Georgia law doesn’t require drivers to have uninsured motorist coverage, but without it, you could be out of luck if you’re injured in a collision that’s not your fault. You might have to pay your own medical expenses out of pocket.
Should You Purchase Uninsured Motorist Coverage?
Brain and spinal cord injuries, injuries that require amputation, and other severe injuries can cost hundreds of thousands of dollars in hospital bills, nursing, long-term rehabilitation, and lost wages. For some families, accidents caused by uninsured drivers lead to financial hardship.
You can avoid these situations by purchasing uninsured motorist coverage. Georgia law requires all automobile insurance companies in this state to offer their policyholders the same amount of uninsured motorist coverage that policyholders have for liability coverage.
Although it’s not required, you should add uninsured motorist coverage to your policy. It may keep you from having to pay your own medical bills after an accident with an uninsured driver.
What Does Uninsured Motorist Coverage Provide?
Depending on your policy’s details, your uninsured motorist coverage may include:
Uninsured motorist bodily injury: This coverage pays your medical bills for the injuries you suffer in an accident with an uninsured driver. Some policies extend the coverage to any passengers you transport who are injured in an accident with an uninsured motorist.
Uninsured motorist property damage: This is coverage to pay for damage to your vehicle if you’re in an accident with an uninsured driver.
Uninsured motorist coverage also protects you if you’re not in a car and you’re injured by an uninsured motorist while you’re walking or bicycling.
What About Underinsured Motorist Coverage?
Like uninsured motorist coverage, underinsured motorist coverage is not required in Georgia, but purchasing it is a smart idea.
You may only file an underinsured motorist claim after an accident if you have completely exhausted an underinsured driver’s auto insurance and your medical bills have exceeded that driver’s policy limits.
If you add underinsured motorist coverage to your policy, it is sometimes bundled together with uninsured motorist coverage. Talk to your car insurance agent to find out more and to get the best rates for uninsured and underinsured motorist coverage.
What Should You Do After An Accident?
If you’re involved in a traffic accident, there won’t be a Dalton traffic accident lawyer there to advise you, so you must take steps to protect yourself legally. The first priority after a traffic accident is summoning medical and police assistance.
The next step is exchanging insurance and personal contact information. Get as many details as you can from the other motorist, and call that motorist’s insurance company as quickly as possible to verify that you’ve been told the truth.
Where Do You File Your Claim After an Auto Accident?
If the driver who injures you is insured, you may bring a claim against that driver’s insurance policy to compensate you for your pending and future medical costs, your current and projected future lost wages, your personal pain and suffering, and your related losses and damages.
If the driver who injures you is not insured, you’ll have to submit a claim to your own car insurance company, provided that you’ve purchased uninsured motorist coverage.
If your injury claim is denied – by the other driver’s insurance company, or in the case of an uninsured driver, your own insurance company – you must contact a Dalton traffic accident attorney as quickly as possible to help you obtain the compensation you need.
What Else Should You Know About Traffic Accidents in Georgia?
Georgia’s deadline or “statute of limitations” for bringing a personal injury claim arising from a traffic crash is two years from the date of the collision. Exceptions are quite limited, and practically speaking, if you’re injured in a crash, you can’t wait two years to speak with a lawyer.
Over a period of time, evidence can disappear or be altered, lost, or contaminated, and the memories of the witnesses will fade. Your personal injury lawyer will need to scrutinize the evidence and question the witnesses as soon as possible after the accident.
Most injury claims based on traffic accidents are resolved out-of-court with no need for a trial. But if liability for the accident is in dispute, or if no reasonable settlement is offered in the private negotiations, your accident attorney will take your injury claim to court, explain to a jury how your injury happened, and ask the jury to order payment of the compensation you need.
Cowan Law Firm Fights for Traffic Accident Injury Victims
A Georgia personal injury attorney at Cowan Law Firm will fight to recover every dollar of compensation that you are entitled to by law. The Cowan Law Firm has over three decades of experience advocating for the injured victims of negligence in and near the Dalton area.
If you’re injured by a negligent or reckless driver, now or in the future, call the offices of Cowan Law Firm at once for a no-obligation, no-cost case evaluation. You’ll receive personalized legal advice and learn how the law applies to your own situation. You will owe no lawyer’s fee to Cowan Law Firm unless and until our legal team recovers your compensation.
If you are injured anywhere in North Georgia due to another driver’s recklessness or negligence – whether or not that driver was insured – after you’ve been treated for your injury or injuries, call Cowan Law Firm at [nap_phone id="LOCAL-CT-NUMBER-1"], and let us fight for your compensation and your rights.]]>On Behalf of Cowan Law Firm, LLC<![CDATA[Time Limits and Statutes of Limitations for Car Accident Lawsuits in Dalton, Georgia]]>https://www.cowanlawoffice.com/?p=461532026-04-06T16:54:13Z2023-11-06T11:04:27ZWhat is a Statute of Limitations?
If you’re injured by a negligent or reckless driver in the Dalton area or anywhere in North Georgia, you may be entitled to compensation. As soon as you’ve been examined and treated, arrange for a no-cost case evaluation with a Dalton personal injury lawyer.
If you move forward with a personal injury lawsuit to seek compensation for your damages, several Georgia laws will apply. For example, Georgia’s statute of limitations for personal injury cases is the law that imposes a deadline for bringing personal injury claims in this state.
Statutes of limitations go back to ancient Greece, where they were imposed to keep people from making their livelihoods by filing lawsuits. In the U.S. today, most states impose a statute of limitations for most crimes other than violent felonies. When the statute of limitations runs out, if no criminal charges were filed, no additional prosecution or filing of charges is allowed.
Why Do We Have a Statute of Limitations?
If you’re injured by a negligent or reckless driver in the Dalton area or anywhere in North Georgia, you may be entitled to compensation. As soon as you’ve been examined and treated, arrange for a no-cost case evaluation with a Dalton personal injury lawyer.
While a civil statute of limitations may be frustrating for the injured victims of negligence, these laws maintain fairness in civil personal injury cases. The statute of limitations in Georgia gives injury victims and their lawyers enough time to gather evidence and prepare a case.
The deadlines ensure that the civil courts aren’t overwhelmed with questionable personal injury claims that haven’t been carefully reviewed by a lawyer. The deadlines are also a way to keep evidence from deteriorating over time and to ensure that the memories of the witnesses are fresh.
What is the Statute of Limitations for Georgia’s Personal Injury Cases?
The statute of limitations in Georgia for a personal injury case arising from a car accident is usually two years from the date of the accident. If a wrongful death is the result of a car accident, surviving family members usually have two years to file a wrongful death claim.
In Georgia, the statute of limitations is strict in most cases, but a few rare exceptions may extend the deadline. “Tolling,” which pauses the statute of limitations “clock,” is allowed if the victim was a minor when the accident and injury happened or if the victim was mentally incapacitated.
What Are the Other Exceptions?
The deadline for initiating a personal injury lawsuit in Georgia is also extended if a medical condition or an injury resulting from a car accident could not be “reasonably discovered” within the two years immediately following that accident.
The statute of limitations may also be tolled if a defendant (the party being sued) leaves the state after the accident but before the plaintiff (the party bringing the claim) has had a chance to file a claim. The “clock” in such cases will usually be paused until the defendant returns to Georgia.
Several other exceptions to Georgia’s statute of limitations for personal injury claims apply to product liability and medical malpractice cases but not to personal injury cases based on car accidents.
If You Sue the Government, You Have Even Less Time
Let’s say that your accident and injury were caused, not by another driver, but by a defectively designed or improperly maintained roadway. If you sue the governmental body or agency that is responsible for that street or highway, you may have only six months to initiate legal action.
If you’ve been injured in a traffic collision that involved a Georgia state, county, or city vehicle, and the government employee behind the wheel of that vehicle was driving negligently or recklessly, you will also have a shorter deadline for initiating legal action.
Many counties, cities, and towns in the State of Georgia must be notified, within six or twelve months of your accident and injury, of your intention to sue. Your Dalton personal injury attorney will discuss the deadlines that may apply in your own case.
When Will You Need a Car Accident Attorney?
It won’t matter how strong your claim is or how severely you’ve been injured. If you do not meet the filing deadline, and if your case does not qualify as an exception, you will not be allowed to receive compensation for your medical costs, lost earnings, and other losses after a car accident.
If you are injured by a negligent or reckless motorist in a traffic collision in or near Dalton, now or in the future, after you have been examined and treated for your personal injury or injuries, you must contact the offices of a Dalton personal injury attorney as quickly as possible.
Even if your car accident case may qualify under one of the exceptions, a personal injury claim will be more compelling and more likely to prevail when your attorney can review the evidence while it’s still fresh and speak with the witnesses before their recollections begin to fade.
What Will Your Lawyer Do on Your Behalf?
A Dalton personal injury lawyer will determine exactly when the statute of limitations “clock” starts in your case. You must be represented and advised by an experienced personal injury attorney who will fight aggressively and effectively for your compensation after a car accident.
Personal injury attorneys in Georgia represent their injured clients on a contingent fee basis. That means you’ll pay no attorney’s fee upfront and no attorney’s fee unless and until your attorney recovers your compensation with an out-of-court settlement or a trial verdict.
Most car accident claims in Georgia are settled privately, outside of the courtroom, but if a settlement cannot be negotiated in your case, your attorney will take your case to trial. At trial, your attorney will explain how your injury occurred and will ask the jurors to award your compensation.
Why Should You Choose Cowan Law Firm?
Over the last two decades, Cowan Law Firm has established a reputation for legal excellence and superlative client service. Our personal injury attorneys are focused on the legal needs of our clients.
When you become a client of Cowan Law Firm, you’ll work directly with a personal injury attorney. Whether your case is settled or goes to trial, you’ll have aggressive, proven legal representation.
Now or in the future, if you’re injured because another driver was negligent or reckless, after you’ve been treated by a medical provider, call Cowan Law Firm at [nap_phone id="LOCAL-CT-NUMBER-1"] to schedule a free case evaluation with no obligation.]]>On Behalf of Cowan Law Firm, LLC<![CDATA[Recovering Damages for Pain and Suffering After a Car Accident in Dalton, Georgia]]>https://www.cowanlawoffice.com/?p=461522026-04-06T16:54:25Z2023-11-06T11:02:06ZCar Accident Victims Are Entitled to Compensation
If someone else’s reckless or negligent driving is the reason you’re injured, you are entitled by law to compensation, but you may have to prove exactly how and why you were injured. You’ll need to ask a Dalton car accident attorney to represent you and fight on your behalf.
According to the Georgia Department of Transportation, more than 300,000 traffic collisions were reported in this state in 2022. On average, that’s more than 820 accidents around the state every day. Most of these accidents are caused by distracted, negligent, or reckless drivers.
After a traffic injury, what compensation can you recover with a personal injury lawsuit? When your medical bills and lost wages are reimbursed, can you receive additional compensation? What steps should you take, and when should you contact a Dalton traffic accident lawyer.
What Compensation Can Auto Accident Victims Recover?
The compensation or “damages” that an injured victim of negligence may recover after a traffic accident in Georgia are economic, noneconomic, and punitive damages.
Economic and noneconomic damages are “compensatory” damages awarded to compensate victims of negligence. Punitive damages aren’t compensatory but instead may be ordered by the court to penalize a liable party’s egregious recklessness, negligence, or intentional behavior.
What Economic Damages Can Injury Victims Recover?
Under Georgia law, after you have been injured by another driver’s negligence, and if you and your attorney can prove you were injured by that driver’s negligence, you may recover these “economic” damages:
compensation for your medical costs, including your pending medical bills and the projected costs for your future care and treatment
compensation for your lost wages and your projected future lost wages
compensation for your damaged or destroyed property including the repair or replacement of your vehicle and any items damaged or destroyed inside the vehicle
What Are Considered Noneconomic Damages?
If your injury claim prevails after a car accident, you can also expect to recover noneconomic damages. Noneconomic damages are the damages and losses that you can’t produce receipts for: emotional and physical pain, distress, and personal suffering triggered by the accident and injury.
Noneconomic damages may also include compensation for the “loss of enjoyment” if an injury victim can no longer enjoy exercise, hobbies, or other favorite activities. If an injury prevents spouses from having intimacy, compensation may be awarded for the loss of consortium.
The most serious mental and emotional injuries can negatively affect your life – and your career and family – just as seriously as a catastrophic or disabling physical injury.
How Are Emotional Injuries Identified?
Persons who have been emotionally injured in traffic wrecks express their emotional injuries in a variety of ways. They may be unable to maintain friendships, keep jobs, or focus on important matters. For many, emotional difficulties do not emerge until weeks after a traffic accident.
Victims who have been disabled in a traffic accident – temporarily or permanently – may have sleeping or eating disorders, anguish, guilt, depression, anger, or fear. Psychological injuries of this nature may persist for months or even years after a serious traffic collision.
What’s The Best Way to Handle Emotional Distress After a Car Accident?
You are entitled by the law in Georgia to recover compensation for psychological injuries caused by a reckless or negligent motorist. If you are suffering emotionally after a traffic accident:
Do not skip your medical appointments, and adhere to your doctor’s orders.
Speak to a counselor or another person you trust.
Stay active. Exercise. Eat right. Get the sleep you need, but not too much.
Speak about your legal options and rights with a Dalton car accident attorney.
In Georgia, most auto accident cases are settled out of court, and most injury victims never make a court appearance. But if your case can’t be settled privately, your lawyer will take your case to trial, tell jurors how you were injured, and ask the jury to order payment of your compensation.
When Are Punitive Damages Awarded?
In Georgia, punitive damages are rarely awarded in personal injury cases arising from auto accidents. Georgia law only allows punitive damages in car accident cases when defendants and their attorneys can offer clear and convincing evidence that the at-fault driver acted with:
intentional or purposeful malice, or
extreme recklessness reflecting a conscious disregard for the lives and safety of others
Punitive damages may be ordered to penalize a defendant’s conduct and to deter the defendant and others from such conduct in the future. With several narrow exceptions, punitive damage awards in personal injury cases are capped by the State of Georgia at $250,000.
What Steps Should You Take?
If you are injured by a negligent or reckless driver in North Georgia, contact a Dalton traffic accident lawyer immediately after you’ve been examined and treated for your physical injuries. Your lawyer will investigate the accident, protect your rights, and fight for your compensation.
In most cases, you will have two years to initiate legal action, but you should not wait two years or even two weeks to contact an accident lawyer. Your lawyer will need to scrutinize the evidence and speak to the witnesses as quickly as possible.
A North Georgia personal injury lawyer will handle your physical and/or emotional injury claim on a contingent fee basis. You will only pay an attorney’s fee if and when you are compensated for your physical and/or psychological injuries.
Cowan Law Firm is Ready to Work for You
If another driver’s negligence or recklessness is why you’ve been injured, obtain the medical help you need, the psychological help you need, and the legal help you need. You are legally entitled to compensation for your emotional injuries, but you must have a good lawyer’s help.
The Cowan Law Firm legal team has more than thirty years of personal injury experience. We know how to protect an injury victim’s rights, and we know how to win the compensation – and the justice – that an injured victim of negligence will need after a serious traffic collision.
You deserve to be compensated if someone else injures you. If you have sustained either physical or emotional injuries in a car crash, or if you are injured that way in the future, call Cowan Law Firm at [nap_phone id="LOCAL-CT-NUMBER-1"]. We will evaluate your case with no cost or obligation, and if you proceed with legal action, Cowan Law Firm will fight aggressively and effectively on your behalf.]]>On Behalf of Cowan Law Firm, LLC<![CDATA[What Damages Can You Recover After a Rear-End Accident?]]>https://www.cowanlawoffice.com/?p=461512026-04-06T16:56:21Z2023-11-06T10:56:24ZHave You Been Injured in a Rear-End Crash?
When someone’s been injured in a traffic crash, determining which driver was at fault is necessary but not always easy. If you’re injured, for example, in a rear-end collision in North Georgia, you’ll need to be advised and represented by a Dalton traffic accident attorney.
In rear-end crashes in Georgia, is the person driving the vehicle in the rear automatically at fault? And if you are seriously injured in a rear-end collision, who will pay your medical bills and reimburse you for your lost wages? What damages can you recover?
Who is Liable in a Rear-End Accident?
In rear-end accidents in Georgia, when a motorist rolls into or crashes into a vehicle that is legally stopped for a traffic sign or signal, or into a legally parked vehicle, the motorist driving in the vehicle that was moving is almost always deemed at fault.
Braking safely is an essential driving skill. A motorist who causes an accident by failing to stop safely is almost always considered negligent and deemed liable. Occasionally, however, in a few rear-end accidents, the driver who was stopped or parked shares responsibility for the accident.
If a driver suddenly brakes and stops in front of your vehicle, you must have adequate space in order to stop safely. However, in heavy, fast-moving traffic, if a driver abruptly stops or brakes in front of you, you may not be able to avoid a rear-end collision.
Why and How Do Rear-End Collisions Happen?
In a rear-end accident, the driver in the front vehicle may have partial liability for the crash if that motorist’s taillights or brake lights weren’t functioning, if the driver made a turn without signaling, or if the driver failed to use blinkers before stopping in front of the rear vehicle.
However, if you are the driver of the rear vehicle in a rear-end accident, it may be difficult to show that the driver in front had any responsibility for the crash. If you were injured, a Dalton personal injury lawyer can offer you sound legal advice and effective representation.
A Dalton traffic accident attorney will review the details of the accident, including photographs, medical records, the police accident report, and eyewitness statements in order to determine exactly how the collision occurred and which driver has liability.
What Compensation Can You Recover?
If you are injured in a rear-end accident due to the other driver’s recklessness or negligence, you have the right to seek compensation for your current and future medical bills, current and projected future lost earnings, personal pain and suffering, and related damages.
Your lawyer will negotiate for an acceptable settlement or take your claim to court, if necessary, to fight for the compensation you need.
If you’re injured in a rear-end collision in or near Dalton or anywhere in North Georgia, do not admit or confess any fault, don’t sign any auto insurance document, and don’t even speak to the other driver’s insurance company until you have consulted a Dalton personal injury lawyer.
How Will an Injury Lawyer Handle Your Case?
After a rear-end accident, an insurance company may make a settlement offer that is substantially less than the actual value of your injury claim. Do not accept any offer for a sum that’s less than your claim is worth, and don’t take any offer without first discussing the offer with your attorney.
After you obtain medical treatment, contacting a Dalton car accident attorney should be your very next step. Your accident attorney will negotiate for a reasonable and fair settlement amount, and if it becomes necessary, your attorney will fight for your compensation in the courtroom.
When Will You Need a Medical Examination?
Some of the injuries that are sustained in rear-end collisions may be latent or difficult to detect, so if you are not taken to a hospital or treated at the scene of the accident, you’ll need to have a medical examination at once, within twenty-four hours if possible.
If you do not have an immediate medical examination, it may become difficult to link your injury directly to the rear-end accident, and you may not have sufficient documentation to prevail with your personal injury claim.
A hard-to-find or latent injury can emerge later as a serious medical condition, so a prompt medical exam protects you both medically and legally. Crash experts tell us that a headrest may be the best way to protect yourself from head, neck, and spinal cord injuries in a rear-end crash.
What Else Should Dalton-Area Drivers Know?
If a defective vehicle or part causes a rear-end accident in this state, and no motorist is at fault, your auto accident attorney may suggest bringing a product liability claim in order to seek compensation from the part or vehicle manufacturer.
Similarly, if you’re injured in an accident that happens because a street or highway was improperly designed or has been improperly maintained, you may bring a personal injury claim against the government agency that is responsible for that street or highway.
What’s the Deadline for Legal Action?
In most cases, the statute of limitations – the deadline – for filing a personal injury lawsuit after a rear-end collision in Georgia is two years. If a government agency is the defendant, you may have only six months to begin legal action.
But you can’t wait a year or two and scramble to file a personal injury claim just under the deadline. Your lawyer should speak to any witnesses before their memories fade and review the evidence while it’s still fresh.
Of course, you must take the first step. If you’ve been injured in a rear-end collision in North Georgia, call Cowan Law Firm as soon as possible after you’ve been examined and treated.
It Costs Nothing to Learn More
After you’ve been injured by a driver’s negligence in a rear-end accident, call Cowan Law Firm at once. Our legal team will provide you with a no-cost, no-obligation, in-depth evaluation of your case.
We have over thirty years of legal experience in North Georgia, fighting and prevailing for those who are injured by someone else’s negligence. You pay Cowan Law Firm no attorney’s fee until and unless we recover your compensation with a privately negotiated settlement or a trial verdict.
If you’ve been injured by a negligent driver in a rear-end collision – or if that happens to you in the future – promptly contact the Dalton offices of Cowan Law Firm at [nap_phone id="LOCAL-CT-NUMBER-1"], and let us fight for the compensation – as well as for the justice – you need.]]>On Behalf of Cowan Law Firm, LLC<![CDATA[When Should I Contact a Personal Injury Attorney?]]>https://www.cowanlawoffice.com/?p=461562026-04-06T16:58:52Z2023-09-20T10:11:20ZWhat Does a Personal Injury Attorney Do?
A personal injury attorney represents clients who may have experienced an injury, whether the injury took place on a job site, in a car accident, on someone’s property, or in other locations.
Tort law refers to negligence or intentional actions that may lead to personal injury and is the basis for personal injury cases. Experienced personal injury attorneys fight tirelessly to help their clients pursue compensation for the damages incurred due to personal injury.
What Makes a Valid Tort Claim?
For a tort case to be effective, four aspects must be reviewed to determine the validity of your options to pursue compensation or damages.
The first aspect that must be present is that the other party had a duty of care to the victim. A duty of care can be described as what reasonable actions another party would have under the same circumstances to ensure other parties aren’t harmed by their actions.
The second aspect is that there was a breach of this duty by the alleged other party. For example, the other party was aware of their duty of care to follow safety laws like obeying stop signs or not speeding.
Due to this breach of duty, an accident occurred, and the victim incurred injuries, the third and fourth elements of negligence.
You may have a valid personal injury case if these aspects are evident and easily presented. Consult an experienced attorney to determine your specific options.
What Are Some of a Personal Injury Attorney’s Duties?
A personal injury attorney will work to investigate the incident, gather evidence, negotiate with insurance companies or other relevant parties, request further documentation regarding medical bills or accident recreation, and more.
To further utilize the earlier example of a person who chose not to obey traffic laws, which led to an accident where you were injured. In this case, your personal injury attorney will gather evidence such as video or pictures during or after the accident if available, gather or confirm eyewitness accounts, and speak with responding law enforcement and emergency personnel when relevant. They may also dig further into the medical or police records surrounding the incident.
They may negotiate with the other party’s insurance companies to get a more appropriate settlement if they feel the original amount is too low. Negotiating is incredibly valuable, and since most of us don’t have to negotiate frequently, we may not be as effective as an attorney. Their experience and knowledge can be invaluable, and this may be especially evident during negotiations.
Should I Seek Legal Assistance Even If I’m Partially At Fault?
One of the biggest misconceptions following an accident is that the victim may feel they aren’t entitled to any damages because they were partially at fault. This isn’t entirely true.
Georgia (and several other states) follow a modified comparative negligence rule. This rule states that even if you are partially at fault for the incident, you may still be eligible for damages. If you are less than 50% responsible for the accident that occurred, you can typically seek damages.
Contrary to what some may believe, that they had a part in the incident that occurred through their actions and therefore won’t be eligible to recover damages, they may still be able to pursue a portion of the damages.
Each party will be found to be a certain percentage at fault for the incident. If you are found to be 25% at fault for the incident, your portion of the damages will be reduced by that amount. For example, if the total damages awarded are $100,000, your portion would be $75,000 if you were found to be 25% at fault.
What Types of Damages May I Recover?
You may be able to pursue a few categories following a personal injury: medical expenses, other expenses, lost wages, and compensation for emotional pain and suffering.
Some of the damages may be straightforward to calculate, such as the amount of medical expenses you incurred or the amount of wages that were missed while you were healing or attending medical appointments to address your injuries. Other damages may be more challenging to calculate, such as how much is appropriate to pursue pain and suffering. Your personal injury attorney can help ensure you aren’t settling for far less than you deserve.
When Should I Call a Personal Injury Attorney?
Following most significant injuries or incidents, it can be in your best interest to seek the counsel of a personal injury attorney. One of the main reasons for this is insurance companies are notorious for trying to get their clients to settle for far less than they deserve. They will use tactics that frustrate you, such as denying your claim or offering a minimal amount several times, so you will choose to settle just to get the process over with.
The facts of your accident may not be evident, and further investigation may be needed. If this is the case, it’s a great time to seek the help of an experienced personal injury attorney.
By consulting an attorney immediately following the accident, you can discuss your options and determine the necessary next steps so you aren’t inadvertently hurting your chances of obtaining the compensation you deserve, like missing the statute of limitations on your personal injury case. Especially when medical expenses are incurred, it is hugely beneficial for you to seek legal assistance. We all know that medical costs aren’t cheap, and following an accident that wasn’t entirely your fault, they can be increasingly frustrating.
Contact our office today at [nap_phone id="LOCAL-CT-NUMBER-1"] to learn more about how our compassionate and capable team can help you.]]>On Behalf of Cowan Law Firm, LLC<![CDATA[What Are Georgia’s Speed Limit Laws?]]>https://www.cowanlawoffice.com/?p=461572026-04-06T17:02:30Z2023-07-18T10:13:52ZWhat Are the Standard Speed Limit Laws in Georgia?
Unless otherwise posted, the general rules for speeds in Georgia are as follows;
30 miles per hour in any residential or urban areas or streets
35 miles per hour on any unpaved county roads
70 miles per hour on a rural interstate highway
65 miles per hour on an urban interstate or highway divided by multiple lanes
55 miles per hour in all other areas
As mentioned, if a speed limit is posted that doesn’t reflect the above list, it must be followed. Temporary changes to speed limits may exist due to construction or other reasons deemed necessary by the Georgia Department of Transportation or the Georgia Department of Public Safety.
It is also important to note that school zones typically have a lowered maximum speed limits during certain times of the day for safety and should be adhered to.
What is a Super Speeder in Georgia?
In 2010, Georgia enacted a law to deter excessive speeding habits. This law is called the Super Speeder Law. If a driver is found to be speeding in excess of 75 miles per hour on a two-lane road or in excess of 85 miles per hour on any street or highway in the state of Georgia, they are subject to additional penalties.
A $200 fee may be charged in addition to the original speeding ticket in accordance with the Super Speeder law. If the driver fails to pay the speeding offense and the additional $200 fee within 120 days of issuance, they risk losing their license or driving privileges. They will need to reinstate their license at additional expense.
What is Modified Comparative Fault?
All states follow a specific “fault” rule regarding who is at fault for an accident and, therefore, can pursue damages following an accident. Georgia follows a modified comparative fault rule. This rule means that multiple parties can recover damages following an accident based on the percentage of fault they contributed.
Victims who are more than 50% responsible for or at fault for the accident typically cannot recover damages. Those less than 50% responsible for the accident can generally pursue personal injury compensation.
If it is found that your actions contributed to the accident occurring, a percentage of fault will be assigned to you, and this percentage will reduce the number of damages awarded. For example, if you are found to be 20% at fault for damages, and the total damages awarded were $10,000, you would receive $8,000 rather than the total amount based on your percentage of fault.
Why is Adhering to Speed Limits Crucial to a Personal Injury Case?
Based on the modified comparative fault rule, if it is proven that you were speeding before the accident occurred and this led to the incident, you can be found partially at fault.
Based on the above example, let’s say you were traveling on an unpaved county road in Georgia and got into a car accident. Suppose you were traveling at speeds exceeding 35 miles per hour. In that case, you were unlawfully speeding and, therefore, can be found to be partially at fault for the accident occurring despite other circumstances.
If this is true, your percentage of fault would be assigned, and this amount would reduce the total damages awarded.
Minimum Speed on Georgia Interstates
Speeding is an issue and leads to countless accidents each day. Conversely, driving too slow can impede traffic flow and lead to accidents. Minimum speed limit signs are also common, so watching for them and adhering to the law is essential. Such a slow speed in a motor vehicle, whether its in an urban or residential district, construction zones, or a multi lane divided highway, is dangerous for other drivers. It is important to maintain normal and reasonable movement on Georgia interstates, and pay attention to the posted speed limits.
The exception to the minimum speed limit is if there are weather or road conditions present, making the minimum speed limits unreasonable. For example, if a significant rainstorm makes the streets slippery or the potential for hydroplaning exists, you may reduce your speed to accommodate and likely not impede traffic flow.
If there are no present road or weather conditions and you feel you aren’t able to adhere to the minimum speed limit rules, you should consider an alternative route to avoid causing accidents.
I Was Speeding Before an Accident and I Need a Lawyer
Experienced personal injury attorneys are invaluable to you after a car accident. Speeding is one of the leading causes of an accident, but it doesn’t mean you are not eligible for damages.
Personal injury attorneys can help gather evidence to support how the accident occurred and what fault each party had in the cause of the accident. Evidence can consist of witness testimony, investigations of vehicle damage, accident recreation, video footage, and more.
If you were involved in an accident, it is imperative that you speak with a knowledgeable personal injury attorney before agreeing to settlements or admitting fault. Insurance companies will rush to get you to admit fault and settle for what may be far less than you deserve.
Rely on an experienced personal injury attorney to have your best interest at heart and establish the facts of the case so you can pursue the damages you deserve.
Call our office today at [nap_phone id="LOCAL-CT-NUMBER-1"] to learn more about how our competent team can assist you. Since 2003, we have been helping clients and their families move forward after an accident. Before establishing ourselves as personal injury attorneys, our team has extensive experience defending major insurance corporations. This experience gives us a unique perspective and passion for protecting our clients against big corporations and ensuring you get the compensation you deserve, not a dollar less.
We look forward to your call.]]>On Behalf of Cowan Law Firm, LLC<![CDATA[Is Using Restraints on Nursing Home Patients Legal?]]>https://www.cowanlawoffice.com/?p=461582026-04-06T16:56:34Z2023-05-11T10:16:12ZUse of Restraints in Nursing Homes
In nursing homes, restraints are sometimes used to help facilitate the patient getting the best care they deserve. In some cases, using restraints becomes problematic or abusive when not appropriately handled.
According to Cornell University, “the resident has a right to be free from any chemical or physical restraints imposed for purposes of discipline or convenience.”
Restraining a patient may include things like bed rails, securing limbs through ties or straps, tucking in sheets too tightly, placing bars or brakes on wheelchairs, vests, straps or belts, and more. The object is to keep the patient from moving freely to avoid hurting themselves or others. In some cases, restraints are overused and can lead to abusive behaviors.
When handled inappropriately, the patient can feel like they cannot move freely or take care of themselves and are forced to live in an immobile state which is considered abuse if unnecessary.
Chemical restraints are also used in rare circumstances. Chemical restraints can include things like sedatives or antipsychotics that are used to limit the patient’s abilities.
What is the Standard of Care Expected From Nursing Home Staff?
Nursing homes are expected to vet their staff thoroughly before hiring them to ensure they have significant knowledge of caring for patients in their facilities. Staff should be able to determine how to care for the patients without using improper restraints that limit their mobility.
Management should be prepared to provide adequate training on how to care for patients without improper restraint or other damage to the patients. Alternatives to restraints should be trained, as well as how to use restraints when absolutely necessary to cause the least pain or suffering to the patient.
If employed staff cannot care for the patients without improperly restraining them, they should be adequately trained, reprimanded, or terminated. The best practice is to attempt to get permission from the patient if physical restraint is necessary for their care so they don’t hurt themselves or others. Alternatives must be evaluated to better care for the patient without restraints before utilizing restraints for basic care needs.
When Are Restraints Permitted?
In some cases, restraints are necessary. If it can be determined that the patient is highly likely to hurt themselves or others without restraints, they can be viewed as proper care. It must also be apparent that by restraining the patient, the effectiveness of their care is improved, and without restraints, damage is likely to the patient or their caregivers.
It must also be demonstrated that other options were closely reviewed to avoid restraints and that the restraints cause as little harm or hindrance to the patient as possible.
Every method must be carefully scrutinized with the patient’s well-being in mind and individual to the patient’s needs. Every patient or resident has a right to a standard duty of care and physical and emotional health without unnecessary harm or hindrance.
When is a Nursing Home Liable for Using Restraints?
Suppose it is found that a nursing home utilized restraints on a patient when it was unnecessary. In that case, they can be found in violation of the resident’s rights and violating the standard duty of care for a patient. Using restraints improperly violates the resident’s respect, dignity, and freedom and can therefore become a legal issue resulting in damages that the facility and workers are responsible for.
A resident may suffer physical or emotional injuries, illness, and more due to the inappropriate use of restraints. The nursing home would be liable for any medical care necessary to care for injuries or illnesses caused to the patient. Also, it may be responsible for compensating the resident financially for the pain and suffering caused by the restraints.
Signs To Look For to Protect Your Loved One
Determining if your loved one is experiencing trauma from unnecessary restraints may be difficult. A few ways to be vigilant is to be aware of abrupt changes in their mental well-being. Withdrawal, frequent agitation, depression, and anxiety can manifest from unnecessary restraints.
Bed sores, weakened muscles, or abrupt changes in mobility can also occur if restraints are used frequently, limiting the resident’s ability to perform duties they used to due to consistent restriction of movement.
Let an Experienced Personal Injury Attorney Be Your Advocate
It can be tough to wrap your brain around the idea that your elderly loved one is in danger within the walls of a care facility. Though it’s not common, abuse through restraining residents or other various abuse does occur and is a serious matter.
We understand and appreciate that you want to advocate for your loved ones, especially when they can no longer do so for themselves. With years of experience, we have helped many clients to ease their concerns and address issues that may have occurred.
With endless compassion and drive to be your advocate, we assure you we can assist you with this delicate matter. Contact our office today at [nap_phone id="LOCAL-CT-NUMBER-1"] to confidentially discuss your concerns and determine a strategy to protect your loved one. Discussing these private matters with a trusted professional can quickly bring peace of mind to determine if there is cause for concern and how to remain vigilant to issues.
You are not alone and shouldn’t shoulder these concerns by yourself. Call our office for a compassionate consultation, and we will devise a plan together to protect your elderly loved one now and in the future.]]>