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Car Accident Lawyer Guide: Protect Your Claim

Thu, 12 Mar 2026 19:00:39 GMT

After a car crash, your choices can deeply impact your compensation. If you want to protect your rights, it pays to know how a car accident lawyer can help you avoid costly mistakes. Georgia’s comparative fault rules could reduce your payout. At the Law Office of Paul R. Bennett, we guide clients through confusing legal territory with empathy, experience, and clear direction so you can recover the damages you deserve.

Understanding Comparative Fault in Georgia

Many drivers are surprised to learn that Georgia follows a legal principle called comparative fault. This means that after an accident, each driver is assigned a percentage of blame based on their actions leading up to the crash. If you are found partially responsible, your compensation will be reduced by your percentage of fault. For example, if your damages total $10,000 but you are found 30 percent at fault, you may only receive $7,000.

Our experience as a car accident lawyer in Columbus, GA, has shown that insurance companies often try to increase your share of the blame. That is why immediate action and careful documentation are important from the start. Understanding this process is key to making informed decisions and protecting your best interests.

Real-Life Example of Comparative Fault

Imagine you are driving and another vehicle rear-ends you. On the surface, this can seem like a straightforward case. However, if the other driver claims you stopped suddenly without warning or your brake lights were out, you might be assigned a percentage of fault. Even seemingly small actions can impact your final settlement.

That is why we focus on giving our clients guidance that goes beyond just legal advice. We want you to know how to practically protect your claim, starting from the very first moments after an accident. An auto accident lawyer from our team can help you navigate every step.

Checklist: Protecting Your Accident Claim on Day One

For the best chance at a fair settlement, take these steps immediately after a crash:

1. Document Everything With Photos
Use your phone to take pictures from every angle at the scene. Capture the license plates of both vehicles, nearby traffic signs, road conditions, weather, and your own injuries. These images can challenge attempts by insurance adjusters to shift blame or distort facts about the accident.

2. Gather Witness Information
If anyone saw the accident, ask for their names and phone numbers. Independent witnesses can provide key statements that support your account if fault becomes disputed later.

3. Get Prompt Medical Attention
Even if you feel fine, see a doctor as soon as possible. Medical records provide objective documentation of injuries and link those injuries directly to the crash. This avoids gaps in your medical timeline, which insurers may try to use against you.

4. Avoid Recorded or Written Statements
Insurance representatives may ask for a recorded statement shortly after the accident. Politely decline until you have spoken to a car accident lawyer. What you say on record can be used to reduce your claim or shift blame.

5. Be Careful With Police Reports
When interacting with law enforcement, stick to the facts and avoid guessing or admitting fault. State what happened clearly and objectively. If you are unsure about a detail, say so. If you notice any errors in the police report later, ask to have them corrected.

6. Social Media Dos and Don’ts
Do not post about your accident, injuries, or recovery on social media. Insurers and opposing lawyers regularly review posts and photos to undermine claims. Even innocent updates can be taken out of context to question your injuries, or you might inadvertently admit something that could impact your case.

How Comparative Fault Reduces Your Compensation

What does this mean for your settlement? Here is another example. Suppose you are in an accident and a jury decides your total damages are $20,000, but you are assigned 25 percent fault. You would receive $15,000 instead of the full value. If you are found 50 percent or more at fault in Georgia, you may be barred from recovering damages entirely.

A knowledgeable auto accident lawyer from our firm works to minimize your assigned fault, using every detail from the scene, credible medical records, and strong witness statements. Our role is not just presenting your case but actively pushing back on unfair blame-shifting.

For more details on comparative fault and protecting your rights, visit our Columbus car accident attorney page .

Why Immediate Action Matters

Acting quickly helps you preserve crucial evidence, get the facts right while they are fresh, and counteract attempts to shift blame. Insurance companies often move fast to get their version on record. That is why having a car accident lawyer involved early on is so valuable.

Waiting too long to consult with an attorney or gather documentation can give insurers an advantage and cost you part of your rightful compensation. Our experience shows that those first actions make a huge difference.

Stay Protected With the Law Office of Paul R. Bennett

Navigating an accident claim is not just about paperwork. Georgia law makes your next steps critical, and comparative fault means every detail could impact your payout. If you need support from a car accident lawyer or auto accident lawyer serving Columbus, GA, our team is here for clear advice and strong advocacy. For guidance tailored to your case, call us at (706) 327-7571 or visit our contact page . We are ready to help you protect your recovery from day one.

The Hidden Costs of Not Hiring a Car Accident Attorney

Fri, 29 Aug 2025 09:50:56 GMT

If you’ve recently been injured in a collision, it might seem tempting to handle everything on your own. After all, why involve a car accident attorney when you can just work it out with your insurance company, right? Unfortunately, this line of thinking can lead to major financial and legal consequences. The hidden costs of not hiring a legal expert often show up when it’s too late, after your claim has been underpaid, denied, or dismissed entirely.

The reality is that accident victims who attempt to navigate the complexities of auto accident law without legal representation often find themselves facing missed deadlines, unfair insurance practices, and significantly smaller settlements than they deserve.

The Real Cost of Under-Settled Claims

One of the biggest dangers of going it alone is the risk of accepting a lowball offer. Insurance companies are for-profit businesses. Their goal is not to ensure you receive full compensation, it’s to minimize their losses. When you don’t have a seasoned car accident attorney on your side, you may unknowingly agree to a settlement that doesn’t account for future medical costs, lost wages, or long-term rehabilitation.

A qualified lawyer, like the team at The Law Office of Paul R. Bennett , understands how to evaluate your case, negotiate with insurers, and push back when an offer falls short. They’re trained to identify the full scope of damages, ensuring your claim includes everything from emergency care to psychological trauma and reduced quality of life.

Navigating the Complexities of Auto Accident Law

Georgia’s auto accident law is not as straightforward as many believe. Even determining fault requires careful analysis, access to accident reports, expert testimony, and sometimes even accident reconstruction. Then there are statutes of limitations, rules of evidence, and filing procedures, all of which must be followed to preserve your right to compensation.

Hiring a lawyer from the beginning means having someone on your side who knows the legal terrain. At The Law Office of Paul R. Bennett , our experienced attorneys help clients avoid costly mistakes, such as missing critical filing deadlines or failing to document evidence properly.

Moreover, your attorney can handle communication with all involved parties, including opposing counsel, insurance adjusters, and medical providers, so you can focus on recovery, not red tape.

Unfair Insurance Tactics: Why You Need a Shield

It’s not just lowball settlements that victims have to worry about. Insurance companies often employ tactics designed to pressure, confuse, or manipulate claimants into accepting less than they deserve.

These may include:

Delaying communication or payment
Asking for unnecessary documentation
Downplaying injury severity
Denying claims based on technicalities
Shifting blame onto the victim

When you don’t have a knowledgeable legal advocate, these tactics can be overwhelming and effective. An experienced car accident attorney acts as your shield, ensuring insurers don’t exploit your lack of legal experience.

The attorneys at The Law Office of Paul R. Bennett know the playbook and how to fight back . Their goal is to level the playing field and ensure you get a fair outcome, even when the other side plays dirty.

Hit and Run Accidents: The Risk of Going Alone

When it comes to hit and run accident law, the stakes are even higher. These cases can be complicated due to the lack of a known at-fault driver and limited insurance coverage. Victims often face financial uncertainty, medical bills, and emotional distress, all without someone to hold accountable.

Navigating this type of claim without legal guidance is incredibly risky. A seasoned attorney can help track down leads, file against your own uninsured motorist policy, and work to ensure you receive compensation even if the other driver is never found.

Victims of hit-and-run accidents need someone with investigative resources, local legal knowledge, and the experience to deal with insurance carriers aggressively. Failing to hire a lawyer in these cases could leave you with thousands in unpaid medical bills, and no path to recourse.

Building a Stronger Claim With Legal Insight

Perhaps the most overlooked benefit of hiring a lawyer is their ability to build a stronger claim from day one.

Attorneys bring a structured, evidence-based approach that includes:

Gathering medical records and proof of treatment
Documenting wage loss and impact on employment
Securing expert witnesses when needed
Obtaining police reports and witness statements
Preparing you for potential litigation

With the help of a car accident attorney, your claim will be more persuasive, complete, and resilient against challenges. You’ll also have someone ready to take your case to court if negotiations fail, which increases your bargaining power dramatically.

Without this support, victims are often left with weak, fragmented claims that insurers can easily dismiss or undervalue.

When to Hire an Attorney? Immediately.

The best time to hire a personal injury lawyer is immediately after your accident. Waiting too long can mean lost evidence, expired deadlines, and lost leverage in settlement discussions. Early legal intervention also ensures you don’t say or do anything that could hurt your case, like posting on social media or making a recorded statement to the insurer.

The team at The Law Office of Paul R. Bennett is prepared to offer fast, effective legal support. They understand the urgency of personal injury cases and are ready to act on your behalf from day one.

Speak to a Local Attorney in Columbus, GA Today

Don’t let the hidden costs of inaction derail your recovery. If you’ve been in a car accident, time is of the essence. Hiring a skilled legal advocate not only protects your rights but also helps you secure the compensation you deserve. The Law Office of Paul R. Bennett is here to fight for justice on your behalf, whether your case involves standard auto collisions, uninsured motorists, or the complexities of hit and run accident law.

Contact our team today to schedule your free consultation and take the first step toward peace of mind and financial recovery. We proudly serve the Columbus, GA area and are just one call away.

Find the Right Auto Accident Attorney in Columbus, GA

Wed, 30 Apr 2025 02:03:30 GMT

Car accidents happen in an instant but can leave a lasting impact on your life. Whether it’s medical bills, lost wages, or insurance battles, the aftermath is never easy. That’s why choosing the right auto accident attorney in Columbus , GA , is one of the most important decisions you can make following a crash. A reliable legal partner can help you navigate these stressful times and fight for the compensation you deserve.

Why Legal Representation Matters After a Crash

No one expects to be involved in a car accident, but when it happens, the consequences can be overwhelming. From physical injuries to emotional trauma, victims often find themselves facing a long road to recovery. Unfortunately, insurance companies are not always eager to pay out fair settlements. This is where a skilled auto accident lawyer in Columbus, GA, steps in to help. Legal representation ensures that your rights are protected. A qualified attorney knows how to deal with insurance adjusters, file necessary paperwork, and represent your best interests both in and out of court. Without proper legal support, you may find yourself settling for less than what your claim is truly worth.

What to Look for in an Auto Accident Lawyer in Columbus, GA

When looking for an attorney, it’s important to find someone who understands the laws specific to Georgia and has experience working with clients in the Columbus area. At the Law Office of Paul R. Bennett, clients receive personalized attention and strong representation throughout every stage of their case. The legal team at Paul R. Bennett’s office focuses on keeping clients informed and empowered. You’re not just another case file; you’re someone who deserves justice and peace of mind. That’s why they work tirelessly to build strong cases, gather evidence, and negotiate with insurance companies on your behalf.

How an Auto Accident Attorney in Columbus, GA, Can Help You Move Forward

In the wake of a crash, you're faced with so many questions: How will I pay my medical bills? Who’s responsible for the accident? What happens if I can’t work? An auto accident attorney in Columbus, GA, can provide the answers and legal support you need to move forward confidently. At the Law Office of Paul R. Bennett, clients receive not only legal guidance but also peace of mind knowing they have a trusted advocate by their side. The firm’s compassionate approach and profound knowledge of Georgia traffic laws make them a dependable choice for accident victims throughout Columbus and surrounding areas.

If you’ve been injured in an accident, don’t delay seeking the help of an experienced legal advocate. The longer you wait, the harder it may become to gather evidence and build a strong case. Let the auto accident attorney in Columbus, GA, at the Law Office of Paul R. Bennett help you fight for the compensation you need to heal and move forward. Contact to schedule your consultation.

5 Reasons You Need a Car Accident Lawyer in Columbus, GA

Wed, 12 Mar 2025 12:51:21 GMT

If you've been injured in an auto accident, navigating the legal process can be overwhelming. From dealing with insurance companies to gathering evidence, the process can quickly become complex. Hiring a car accident lawyer can make all the difference in securing fair compensation for your injuries, damages, and emotional distress. The right attorney will guide you through every step, ensuring that you receive the justice you deserve.

Why Should You Hire a Car Accident Lawyer in Columbus, GA?

1. Understanding of Georgia Car Accident Laws

Car accident cases in Georgia involve complex legal regulations. A skilled car accident lawyer understands local laws and how they impact your case. From determining fault under Georgia’s comparative negligence rule to ensuring all paperwork is filed correctly, an attorney will handle the legal intricacies, so you don’t have to.

2. Negotiating With Insurance Companies

Insurance companies often try to minimize payouts or deny claims altogether. A lawyer can help by handling critical aspects of your case, including:

Communicate with insurance adjusters on your behalf
Gather and present evidence to support your claim
Negotiate a fair settlement that covers medical bills, lost wages, and pain and suffering
Take your case to court if the insurance company refuses to offer a fair settlement

By having an attorney on your side, you reduce the risk of being pressured into accepting a lowball offer.

3. Proving Liability and Gathering Strong Evidence

To win your case, you need clear evidence showing the other party’s negligence. A auto accident lawyer will gather key evidence, such as:

Collect police reports and witness statements
Review medical records to document your injuries
Work with accident reconstruction if necessary
Obtain traffic camera footage or other evidence that strengthens your case

Without proper legal assistance, gathering and presenting this evidence can be challenging.

4. Maximizing Your Compensation

A serious car accident can leave you with medical expenses, lost income, and emotional trauma. Your attorney will ensure you pursue compensation for:

Medical bills (current and future)
Rehabilitation and therapy costs
Lost wages and diminished earning capacity
Pain, suffering, and emotional distress
Vehicle repairs or replacement

By calculating the full impact of your accident, a lawyer helps you avoid settling for less than you deserve.

5. No Upfront Costs; You Only Pay If You Win

Many accident victims hesitate to hire an attorney because they worry about legal fees. However, most auto accident lawyers work on a contingency fee basis. This means:

You pay nothing upfront
The lawyer only gets paid if you win your case
Your attorney is motivated to secure the highest possible compensation for you

This risk-free arrangement ensures that you have access to high-quality legal representation without financial stress.

Call a Car Accident Lawyer in Columbus, GA, Today!

If you or a loved one has been injured in a car accident, don’t face the legal battle alone. The experienced attorneys at The Law Office of Paul R. Bennett are ready to fight for your rights. Call (706) 327-7571 today or send us a message to schedule your free consultation.

Car Accident Attorney in Columbus, GA: Protect Your Rights

Fri, 17 Jan 2025 16:59:45 GMT

If you've been involved in a car accident in Columbus, GA, dealing with insurance companies can be one of the most stressful parts of the process. Many victims assume that insurance companies are on their side, but the reality is that they often prioritize their profits over your well-being. In such situations, having a skilled car accident attorney can be invaluable. Understanding how to handle the insurance claim process, protecting your rights, and ensuring that you receive fair compensation can make a significant difference in the outcome of your case.

Understanding the Role of Insurance Companies

Insurance companies are in business to make money, not to pay out large claims. After a car accident, they will likely try to minimize their financial responsibility by offering you a quick settlement or downplaying the severity of your injuries. This is why many accident victims find themselves feeling frustrated or cheated when dealing with their insurer. As soon as you file your claim, the insurance company will begin to assess the situation. They might ask for statements or evidence that could be used to reduce the value of your claim. This is where a car accident attorney in Columbus, GA can step in to protect your interests.

Steps to Take After a Car Accident Attorney in Columbus, GA

Here’s a step-by-step breakdown of what to do after a car accident to help you navigate the insurance claims process:

Report the Accident to Your Insurance Company

You are required to notify your insurer of the accident, but keep in mind that what you say can be used against you later. It’s best to provide only the basic facts without admitting fault. Avoid saying things like, "I'm sorry," as this can be interpreted as an admission of guilt.

Document Everything

From the moment of the accident, make sure to document everything. This includes taking photos of the scene, getting witness statements, and collecting contact information for the other driver. You should also keep records of medical treatments, vehicle repair invoices, and any other related expenses.

Don’t Accept the First Offer

Insurance companies often offer a quick settlement to resolve the claim as cheaply as possible. However, this initial offer is rarely the full amount you are entitled to. An experienced car accident attorney in Columbus, GA can review your case, assess the true value of your injuries, and negotiate a fair settlement on your behalf.

Consult with an Experienced Car Accident Attorney

A skilled attorney can help you navigate the complex world of insurance claims. Insurance companies often use various tactics to reduce the payout, such as questioning the severity of your injuries or using ambiguous language in their offers. A qualified attorney like Paul R. Bennett can advocate for you and ensure that you are not shortchanged.

The Importance of Legal Representation

Without proper legal representation, you may not receive the compensation you deserve for medical bills, lost wages, pain and suffering, and other accident-related costs. An experienced car accident attorney in Columbus, GA will know how to deal with insurance companies, fight for your rights, and negotiate on your behalf to secure a fair settlement or take your case to court if necessary.

Don’t Settle for Less – Contact Us For Car Accident Attorney in Columbus, GA

Don’t let insurance companies take advantage of you. Contact Paul R. Bennett, your experienced car accident attorney in Columbus, GA, for professional legal support. Paul can guide you through the complex claims process and help you get the compensation you deserve.

What To Do If You're A Cyclist Injured In A Hit-And-Run Accident

Tue, 06 Feb 2024 21:21:52 GMT

Being involved in a hit-and-run accident as a cyclist can be a terrifying and traumatic experience. It's important to understand what steps you should take if you find yourself in this unfortunate situation. This blog post will guide you through the necessary actions to protect your rights and pursue justice. Remember, you don't have to face this alone — hit-and-run accident attorneys specialize in assisting victims like you.

Ensure Your Safety and Seek Medical Attention

Prioritize Safety

After a hit-and-run accident, your immediate focus should be on your safety and well-being. If possible, move yourself and your bicycle to a safe spot away from the road to avoid further injuries.

Call for Help

Dial emergency services to report the accident and request medical assistance. Even if you don't think your injuries are severe, it's important to have a medical professional assess your condition.

Gather Relevant Information

Document the Scene

Collect as much evidence as possible. Take pictures of the accident site, your injuries, and any damages to your bicycle. If there were witnesses, request their contact information to support your case.

Write Down Details

Record the specifics of the hit-and-run accident, such as the time, location, and description of the vehicle involved. Include any unique features or the license plate number if you were able to see it. These details can greatly assist law enforcement and your attorney in identifying the responsible party.

Report the Incident

File a Police Report

Contact the police and provide them with all the information you have gathered. A police report is vital to your case and will help with any future legal actions.

Inform Your Insurance Company

Notify your insurance company of the accident, even if you were a victim of a hit-and-run. They can guide you on using uninsured motorist coverage or other available options to compensate for damages and medical expenses.

Consult with a Hit-and-Run Accident Attorney

Seek Legal Representation

If you have been involved in a hit-and-run accident, it is crucial to reach out to a reputable hit-and-run accident attorney who specializes in personal injury cases. Their expertise and knowledge will provide invaluable guidance throughout the legal process, ensuring that your rights are protected and fought for. Additionally, they will work to secure fair compensation on your behalf, taking into account the physical, emotional, and financial impact of the incident.

Pursue Legal Action

Gather Evidence

Work closely with your attorney to gather additional evidence, such as surveillance footage or possible witnesses not previously identified. This evidence may help identify the responsible party and strengthen your case.

Document Your Injuries and Losses

Keep a detailed record of your medical treatments, expenses, lost wages, and any other damages you have suffered as a result of the accident. This documentation will enable your attorney to accurately assess and seek appropriate compensation.

Patience and Persistence

Stay Involved

To ensure a smooth legal process, it is crucial to maintain regular communication and cooperation with your attorney. Attend all scheduled appointments, hearings, and any necessary meetings to actively participate in your case. By actively engaging in the proceedings, you can help maintain momentum and maximize the likelihood of achieving a favorable outcome.

Being a victim of a hit-and-run accident as a cyclist can leave you feeling helpless. However, by following these steps and seeking assistance from hit-and-run accident attorneys, you can protect your rights and pursue justice. Remember, you don't have to face this alone. If you've been involved in a hit-and-run incident, please reach out to us at the Law Office of Paul R. Bennett. Our attorneys are here to fight for your rights and help you obtain the compensation you deserve.

Taking a Medical Malpractice Suit To Trial

Mon, 15 Jan 2024 20:22:49 GMT

Medical malpractice is a serious issue that can cause immense pain, both physically and emotionally. Unfortunately, medical malpractice suits are becoming more common, and patients are resorting to legal action to seek justice for the harm they've suffered.

If you're considering taking a medical malpractice lawsuit to trial, you need to understand what you're getting into to make an informed decision. This blog post highlights a few aspects of taking a medical malpractice suit to trial to prepare you for what's to come.

Proving Medical Malpractice is Difficult

Medical malpractice cases can often be a labyrinth of intricacies and complexities, mostly due to the complicated nature of medicine. Medical malpractice is not necessarily clear-cut, making it difficult for a plaintiff to win a case.

In many states, the burden of proof falls on the plaintiff, which means you must provide evidence showing that the healthcare provider's actions deviated from the accepted standard of care.

One huge challenge lies in the inherent nature of medicine itself. Medical procedures and treatments accompany risks, and negative outcomes do not necessarily imply malpractice.

To establish medical malpractice, you have to demonstrate the healthcare provider deviated from the accepted standard of care in the medical community. You have to prove that another reasonable practitioner in the same situation would have acted differently.

But how does the law determine what a "reasonable" physician would have done under similar circumstances? This introduces the need for expert medical testimony.

Finding credible, qualified experts who can articulate complex medical procedures in simple language that a jury can comprehend can be quite challenging. It helps to have a skilled medical malpractice attorney to help you find and work with the right experts.

In addition, the emotional aspect attached to medical malpractice cases isn't something you should overlook. Jurors may empathize with a defendant doctor who seems to have made an honest mistake. They might also struggle with awarding large sums of money for intangible losses, such as pain and suffering.

Trials Could Last Months or Years

Embarking on a medical malpractice lawsuit is not a sprint but rather a marathon. The journey, filled with procedural nuances and complex legal hurdles, can span anywhere from several months to even years. But why does it take so long?

Firstly, it's worth noting that the legal system is methodical, designed for thoroughness over speed. This meticulous process guarantees a thorough examination of every claim, carefully analyzing each piece of evidence with utmost scrutiny. It's not a leisurely pace but the pursuit of justice.

In a medical malpractice case, carefully examining detailed medical records, seeking advice from expert witnesses, and effectively communicating complex medical terminology in a legal context are very important.

This comprehensive process ensures precision and clarity throughout the legal proceedings. The exhaustive process can be quite lengthy, but it's necessary to ensure that justice is served accurately and fairly.

Another reason for the lengthy timeline is the preparation for the trial itself. A lot goes into developing a compelling case. The presentation needs to be persuasive and well-structured, with powerful testimonies and undeniable evidence.

The jury needs to understand the intricate medical procedures, the expected standard of care, and how it was breached. The narrative is not just about illustrating the breach of duty but also about humanizing the plaintiff's suffering. This level of detailed preparation is not something that happens overnight.

Finally, any legal process involves negotiation. Settlement discussions can be a drawn-out process, peppered with strategic moves and counter-moves. Both parties have to strive for the best possible outcome, which means negotiations can often be prolonged, extending the trial's timeline further.

Schedule a consultation with The Law Office of Paul R. Bennett for expert legal advice and skilled representation if you believe you have a case.

Wrongful Death Claims: The Dangers of Waiting Too Long to Take Action

Tue, 12 Dec 2023 21:06:16 GMT

The loss of a loved one is always a difficult time for a family, but even more so when the death could have been prevented. When a death occurs due to the negligence of another individual or entity, the law allows for the surviving family members to file a wrongful death claim.

While it may be understandable for a family to want to grieve and take some time before pursuing legal action, waiting too long to file a wrongful death claim can have some serious consequences.

This blog post will highlight a few of the dangers of waiting too long to take action in a wrongful death case to help families make informed decisions during such a difficult time.

Statute of Limitations

The statute of limitations presents one of the most significant risks when delaying the filing of a wrongful death claim. This refers to the legally prescribed time limit within which a wrongful death lawsuit must be initiated. Failure to act within this timeframe can result in the court dismissing the case, irrespective of its merits.

This limitation period varies from state to state and depends on the nature of the wrongful death claim. As such, the bereaved family members need to understand the specific time limit applicable in their jurisdiction to avoid losing the opportunity for legal redress.

The reason behind the statute of limitations is to ensure fairness in the litigation. It becomes increasingly difficult to gather evidence as time passes and memories fade.

This leads to an unfair advantage for the defendants, who may capitalize on the time lapse to weaken the plaintiff's case. Bereaved family members can level the playing field and increase their chances of success by filing their claims within the prescribed time limit.

Loss of Evidence

As mentioned earlier, evidence can become difficult to collect and preserve as time goes by. This is especially true in wrongful death cases where the burden of proof lies with the plaintiff. As time passes, crucial evidence that could substantiate the claim may deteriorate, become destroyed, or get lost. This includes physical evidence at the scene of the incident, such as vehicle debris after a fatal car accident.

Timely collection and preservation of this evidence is often vital to the success of a wrongful death claim, as it can provide concrete proof of negligence and causation. Causation refers to the link between the defendant's actions and the death of the victim, which you must prove for a successful wrongful death claim.

In addition, witness statements, a critical form of evidence in many wrongful death cases, can also be adversely affected by the passage of time. Memories can fade, and details can become fuzzy or distorted.

Witnesses may also move, change contact information, or even pass away, making it increasingly difficult to locate them and obtain their statements.

In some cases, witnesses may also be more inclined towards cooperation shortly after the incident, when the details are fresh and the event's impact is still raw. As time passes, they may become less cooperative or even be persuaded by the defendant's legal team to change their statements. This can significantly weaken the plaintiff's case, which makes it crucial to gather witness statements as soon as possible.

In the aftermath of a tragic and unexpected loss, it is understandable that families may want to take some time before considering legal action. But remember, time is of the essence in wrongful death cases. When you delay filing a claim, you risk losing your legal right to seek justice for your loved one and jeopardize the strength and success of your case.

Talk to us at the Law Office of Paul R. Bennett for expert guidance and support in navigating the complexities of wrongful death claims. Together, we can help you achieve justice and closure for your family. Take action now to hold the responsible party accountable for their actions.

Pain and Suffering: Understanding the True Cost of This Injury

Sat, 04 Nov 2023 03:21:47 GMT

Accidents can bring a whirlwind of emotions, pain, and confusion. The physical injuries are evident, but the emotional scars often remain hidden. When filing a claim for an injury, many wonder about the term pain and suffering. Delve deeper into this term and understand its significance in legal contexts.

What Does Pain and Suffering Mean?

In simple terms, pain and suffering covers the physical discomfort and emotional anguish someone feels after an injury. It covers the non-obvious damages a victim endures:

Physical Pain : This covers the actual physical discomfort and pain resulting from the injury. It can be temporary or permanent. For instance, someone might experience severe back pain after a car accident, which might limit their daily activities.
Emotional Distress : Emotional or mental anguish stemming from the accident is a real concern. Feelings of depression, anxiety, or even trauma can haunt the injured, affecting their overall quality of life.

Understanding the nuances of pain and suffering is crucial, as it emphasizes the full scope of an individual's experience beyond just the visible injuries.

Why Is It Important in Legal Cases?

When someone's negligence causes harm, it's not just the visible wounds that hurt. Emotional pain, trauma, and the inability to enjoy life as before are real damages. Recognizing pain and suffering ensures that victims are compensated for these non-economic losses:

Compensation for the Intangible : You can easily put a price on medical bills or damaged property. But how do you compensate for nights spent in agony or the fear of stepping into a car again after a crash? That's where pain and suffering claims come in.
Balancing the Scales : It acknowledges that the pain an individual goes through isn't limited to financial losses. By compensating for pain and suffering, the legal system attempts to make the injured person whole again.

In legal cases, recognizing the significance of pain and suffering ensures a comprehensive view of a victim's hardships, advocating for the full compensation they truly deserve.

How Is Pain and Suffering Calculated?

Determining a dollar amount for emotional distress or physical pain can be challenging. There isn't a set formula, but there are common methods used:

Multiplier Method : Here, the economic damages (like medical bills and lost wages) are multiplied by a specific number, typically between 1 and 5. The more severe the injury, the higher the multiplier.
Per Diem Approach : This assigns a daily value to the pain and suffering. For example, if someone's pain and suffering is deemed worth $100 a day and they suffered for 200 days, they'd receive $20,000.

Legal professionals and insurance companies will consider various factors, such as the injury's severity, the recovery time, and the potential long-term consequences.

How Do You Ensure a Fair Claim?

If you or a loved one is trying to claim for pain and suffering, here are some steps to consider:

Document Everything : From medical reports to personal journals detailing your daily pain, the more evidence, the better.
Seek Professional Counsel : An experienced attorney can guide you, ensuring you receive the compensation you deserve.
Be Honest : Be truthful about your pain. Exaggerating can harm your credibility and your claim.

Navigating the complexities of a pain and suffering claim can be challenging, but by following these steps, you position yourself for a just and fair resolution.

No amount of money can erase the trauma or pain of an injury. However, recognizing and compensating for pain and suffering ensures that victims get a fair shot at healing and moving forward. If you've been injured and believe you deserve compensation for pain and suffering, speak with us at the Law Office of Paul R. Bennett . We can help guide you through the process, ensuring your rights and well-being are protected.

Turning Tragedy Into Justice: 3 Important Phases of Wrongful Death Claims

Mon, 25 Sep 2023 21:48:12 GMT

In the face of an irreplaceable loss, the labyrinth of legal procedures can feel overwhelming. Yet, within these very complexities, justice often finds its way, illuminating the path from profound tragedy to warranted recompense.

If you've lost a loved one due to someone else's reckless or intentional actions, you need to understand the process of pursuing a wrongful death claim. This blog post delves into this poignant journey, navigating the critical stages that transform a painful aftermath into a beacon of fairness and accountability.

1. Investigation and Filing a Lawsuit

A thorough investigation is crucial to understand the nature of the incident, the liable party, and the circumstances leading to the fatal event. This phase involves gathering substantial evidence to support the claim, which can range from medical reports, witness testimonials, and police reports to any additional details that establish liability for the death.

Once the investigation is complete, your wrongful death lawyer will file a lawsuit against the negligent party or parties. This inflicts legal ramifications and gives you, the deceased's family, an opportunity to seek justice for your loved one.

Filing a lawsuit also sets the stage for the rest of the proceedings. It's where your lawyer legally states your case, outlining the allegations, losses incurred, and the compensation you seek. Your lawyer then serves this formal complaint to the accused party, giving them an opportunity to respond.

From a strategic perspective, filing the lawsuit can also apply pressure on the defendant, possibly persuading them to opt for an out-of-court settlement. This phase essentially sets the tone for the forthcoming legal battle, shaping the trajectory of the case.

2. Discovery and Negotiations

The discovery phase marks the beginning of an intense information exchange process, enabling both sides to uncover facts and arguments that the other party intends to use in court. It's a meticulous procedure that involves written questions, also known as interrogatories, requests for documents, and depositions.

The main aim is to create a transparent scenario where both sides can fathom the strengths and weaknesses of their case, preparing them for a potential trial or the next best thing—negotiation.

Negotiations often emerge as the most critical phase of a wrongful death claim, as most cases are resolved outside of court. Your attorney and the defense will engage in settlement talks to arrive at a mutually agreed amount of compensation.

The negotiation process may include multiple rounds of discussions and proposals, each side pushing for terms that best suit their interests. The phase concludes when both parties agree on the compensation. But if negotiations fail, the case moves to trial. Keep in mind that negotiations can continue even during the trial, potentially leading to a settlement agreement at any stage.

3. Trial and Settlement

The trial phase is the last resort in a wrongful death claim, pursued when attempts at negotiation reach an impasse. Here, both parties present their cases before a judge or a jury. Your attorney will present the evidence collected during the investigation phase to argue your case. They'll highlight the negligence of the defendant and the consequent losses you've suffered.

Conversely, the defense might try to refute your claims or mitigate their client's liability. It's during this phase that the strength of your evidence and the competence of your attorney play a pivotal role.

The trial concludes with a verdict, where the judge or jury decides whether the defendant is liable for the wrongful death and determines the amount of compensation.

While nothing can bring back a lost loved one, a successful wrongful death claim can provide the necessary resources and closure to move on. This is not just an exploration of the legal process but a testament to resilience, tenacity, and the enduring quest for justice in the bleakest circumstances.

Talk to us at the Law Office of Paul R. Bennett and learn more about the intricacies of wrongful death claims and how we can support you through the process.

8 Examples Of Workplace Retaliation After Filing For Workers' Compensation

Fri, 18 Aug 2023 22:53:28 GMT

The idea of losing one's job can be a terrifying prospect for many workers. This fear is only magnified when an individual is injured on the job, and there's the potential need to file for workers' compensation. While the process is designed to aid those who've been hurt in their workplace, some workers are hesitant to take advantage of it due to concerns about retaliation.

It's essential to understand that any form of retaliation for claiming workers' compensation is, by law, illegal. Employers who engage in such practices are violating the rights of their employees. That's why it's important to know the various forms of worker compensation employer retaliation that workers might face.

Termination or Firing

One of the most immediate and clear forms of retaliation is termination. After filing for workers' compensation, if an employee is suddenly handed a pink slip without a clear reason, it could be a retaliatory move. Employers might hope that by removing the employee, they can escape the intricacies and obligations related to the compensation claim. But termination without proper cause can lead to more significant legal issues for the employer, particularly if the employee seeks legal counsel to challenge the decision.

Demotion

Sometimes, the retaliation isn't as clear-cut as termination. Demotion is another method employers might use. An employee might find themselves suddenly stripped of their titles, responsibilities, or both. Such a move can significantly harm the employee's career trajectory and self-esteem, making them question the validity of their compensation claim.

Reduction in Wages or Benefits

Financial constraints due to medical bills post-injury can be burdensome. At such a time, discovering a reduction in wages or benefits can be especially distressing. By reducing the economic benefits, employers might be trying to coerce the injured worker into dropping the claim or settling for less than they deserve.

Undesirable Shift Changes or Reassignments

Work routines can be sacred to many. However, after filing a claim, a worker might find their usual day shift changed to a night one or vice-versa. They might be assigned roles that are not in sync with their health status or professional expertise. Such shifts are not only inconvenient but can also be seen as a method to make the employee's work life more challenging.

Exclusion or Isolation

No one wishes to feel like an outsider, especially in their own workplace. Still, isolation can be a weapon some employers use against workers filing for compensation. Being left out of team meetings, not being updated about vital workplace developments, or sensing an overall exclusion can take a massive toll on the injured employee's mental well-being.

Negative Performance Reviews

Performance reviews are pivotal in career growth. Therefore, receiving consistently negative reviews post-injury, especially without any substantial decrease in performance, can be a tactic to discredit the employee. It can harm their confidence, making them second-guess their decision to claim compensation.

Denial of Promotions or Training Opportunities

Being overlooked for promotions or training can stagnate career growth. An injured employee, after filing a claim, might notice opportunities being consistently handed to others, making them feel undervalued. This is another way that career growth can be prevented as a form of workplace retaliation in an attempt to hurt the employee for their workers' compensation claim.

Harassment or Intimidation

In more severe cases, employees may face blatant harassment or intimidation. This might include being subjected to undue scrutiny, hostile comments, or even threats, creating a toxic work environment.

It's essential to remain vigilant and recognize these potential retaliatory behaviors. If any of these situations arise, seeking guidance, especially legal counsel, becomes crucial. Reach out to Paul R Bennet PC for assistance with your workers' compensation claim.

Wrongful Death: What Is It and What Are the Common Causes?

Thu, 15 Dec 2022 16:06:26 GMT

If your loved one dies due to someone else's negligence or intentional action, that's usually a wrongful death. This type of death is usually preventable. Discover more about wrongful death, its causes, and the step to filing a claim.

What Are the Common Causes of Wrongful Death?

Wrongful death can happen due to many things.

Auto Accidents

Millions die in car accidents every year. And many of these deaths result from careless or reckless driving. For instance, if a driver ignores the red light and hits a car, that driver would be at fault. In the same way, if the at-fault driver was under the influence of drugs or was not in their lane, then they would be at fault.

Therefore, to prove wrongful death in a car accident case, you must show that the at-fault driver was careless or failed to observe traffic rules.

Work-Related Deaths

Unfortunately, workplace injuries sometimes result in death. For example, construction workers might fall from a height and die, or workers might get electrocuted.

To prove wrongful death from a workplace injury, you must show that the employer had a duty to protect the workers but failed to do so. For instance, the employer might have failed to provide safety gear or proper training.

Medical Malpractice

Sometimes, doctors make mistakes that cause patient death. For example, the doctor might misdiagnose a condition or fail to treat an illness in time.

The medical practitioner may also have performed a wrong site surgery or surgery on the wrong person, which worsened the patient's condition and caused death.

The easiest way to prove medical malpractice is to show that the doctor's action deviated from the standard of care. The standard of care is what a reasonable and prudent medical professional would have done in a similar situation.

Product Defect

If a loved one dies because of a defective product, the company that manufactured or sold that product would be at fault. For example, if the loved one dies because of an exploding phone battery, the phone manufacturer will be at fault.

To prove wrongful death from a defective product, you need to show that the manufacturer did not label the product properly or did not warn consumers about the risks associated with using the product.

Crime

If a loved one dies because of someone else's criminal act, that person would be at fault. For example, the robber would be at fault if a loved one is shot and killed during a robbery.

To prove wrongful death from a crime, you need to show that the perpetrator intended to harm or kill your loved one.

What Are the Steps for Filing a Wrongful Death Claim?

If your loved one dies due to someone else's negligence or intentional action, you may be eligible to file a wrongful death claim.

However, you must present solid evidence to prove that the death was from someone else's negligence or intentional action. You will also need to prove that you have suffered damages due to the death. Some damages that you can recover in a wrongful death claim include:

Funeral and burial expenses
Loss of companionship
Loss of support and earnings
Pain and suffering

If you wish to file a wrongful death claim, consult a lawyer. The lawyer will review your case and determine whether you have a valid lawsuit. They will also help you gather the necessary evidence and file the claim on your behalf.

You can trust us at the Law Office of Paul R. Bennett to help you with your wrongful death claim. We have extensive experience handling such cases and will do everything we can to get you the compensation you deserve. Contact us to schedule a consultation.

Tips for Choosing the Right Personal Injury Attorney

Wed, 26 Oct 2022 17:22:07 GMT

Since your personal injury attorney plays a huge role in ensuring maximum compensation, ensure you have the best legal mind before filing an injury claim. Nowadays, most attorneys have websites that provide the crucial information you need when comparing the legal professionals available in your area.

The comparison process might seem confusing, but you can easily identify the right attorney if you know what to look for. The tips below can help you ensure that your chosen attorney is the right person for the job.

Check Their Experience

Like any other profession, personal injury attorneys have varying levels of experience. An attorney who has served numerous injury victims is more likely to handle your case better than a newbie in the field. Also, since personal injury is a wide field, ensure that the attorney has served clients with cases similar to yours.

For example, if your injury is car accident-related, an attorney specializing in car accident cases can handle your case better than one serving medical malpractice victims.

Attorneys display their experience levels on their websites by stating the years in which they started practicing law.

Check Their Success Rate

The next thing you should check after an attorney's experience is the number of cases they’ve won. An attorney who has served injury victims for years should proudly display their record of accomplishment, especially the high-value cases.

The best attorney should also ensure maximum compensation for their victims and show readiness to proceed to trial if the insurance company can't give a reasonable settlement.

Do Thorough Research

Don't hire an attorney without checking their reputation. Look for testimonials and online reviews from clients and the community. Many law websites have a reviews section where you can read comments left by clients. These reviews can help gauge the attorney's success rate and quality of customer service.

For example, you can trust an attorney with numerous positive reviews because the reviews are proof of a high customer satisfaction rate. On the other hand, negative reviews are a sign of customer dissatisfaction.

Look for reviews on trusted independent sites like Yelp and Google Reviews if an attorney's website does not display testimonials.

Ask About Their Payment Model

To avoid surprises, only hire an attorney after understanding their payment policy. Most attorneys work on a contingency fee basis, but some can charge consultation fees or request that you pay for some expenses upfront.

The best attorney is one working on a contingency-fee basis, as you only pay legal fees after receiving your settlement.

Meet the Attorney Personally

Nowadays, you can hire an attorney through their website, but the best approach is to hire them after the initial consultation. A conversation with an attorney helps you gauge their communication skills and friendliness.

Pay attention to how the attorney answers your questions to determine their genuineness and communication skills. For example, an experienced attorney should clearly explain why they believe you have a strong case.

Consider the Attorney's Additional Services

While all qualified lawyers can represent you in an injury case, some offer more value, thanks to their additional resources. For example, an attorney who connects you with other professionals, like medical professionals and private investigators, simplifies the processes.

For example, if your attorney has a strong working relationship with a doctor, the doctor can offer their medical services on a lien basis, eliminating some of the financial constraints experienced by most injury victims.

While you can easily find an attorney to represent you, don't assume that every attorney can meet all your needs. Use the tips above to find the right attorney for your case.

At the Law Office of Paul R. Bennett, we boast a team of experienced and friendly attorneys who have helped our clients get the justice they deserve. Contact us today to schedule a consultation.

3 Key Questions About Railroad Worker Injuries

Thu, 25 Aug 2022 17:45:26 GMT

As you may know through painful personal experience, railroads can serve as particularly hazardous workplaces. Injuries can and do impact railroad employees, in many cases destroying their ability to earn a living or resulting in enormous expenses. The federal compensation claim process can add to the frustration.

If you find yourself unable to work facing tremendous losses related to a railroad-related medical challenge, you need to understand how the government handles compensation claims and what you must do to optimize your chances of getting that compensation. Check out these three key questions about railroad worker injuries.

1. What Injuries and Illnesses Can Railroad Workers Sustain?

Railroad workers can sustain many kinds of injuries on the job. In addition to acute burns, traumatic brain injuries, and debilitating spinal damage, these employees can develop chronic injuries from cumulative influences such as vibrations, repetitive motion strain, and constant walking.

Chronic illnesses can also stem from railroad work. For instance, lead exposure can leave railroad employees with kidney, nerve, heart, or reproductive disorders. Hearing loss, lung disease, and cancer can result from exposure to other work-related hazards.

Financial compensation claims for railroad worker injuries generally revolve around a few basic categories. These categories include traumatic injuries, repetitive motion injuries, and occupational diseases as well as any injuries or diseases that aggravated a pre-existing condition.

2. How Do You File a Compensation Claim?

Individuals who work for a local or state organization would normally file a state workers’ compensation claim if they experience an illness or injury in the course of their duties. However, since railroads and railroad work crosses state lines, the federal government handles such claims through the Federal Employer's Liability Act (FELA).

You have three years from the date the injury occurred to file a FELA claim. Since you might not realize right away that you suffered a work-related injury, the law starts this three-year countdown from the date you actually discovered that you had an injury most likely caused by your railroad work or workplace.

Submit an injury report to your employer and receive the appropriate medical attention as quickly as possible. At the same time, also keep your own set of records about your symptoms, diagnosis, treatment, enforced absenteeism, and various damages so your attorney can evaluate and use this information.

3. What Claim Challenges Might You Encounter?

Workers’ compensation generally poses fewer challenges to its claimants than the FELA process does to railroad employees. Unlike workers’ compensation, which simply requires that the injury or illness occur in the workplace, FELA requires claimants to show that negligence on the part of the railroad company caused the problem.

Railroad company negligence tends to take one of a few common forms. The company may have failed in its duty of care to you by not providing sufficient human assistance to do the job safely, or it may have failed to provide proper tools and equipment. Inadequate employee training and safety rule failures can also establish negligence.

Even if you provided all the necessary details to support your claim and filed the claim within the appropriate time frame, you may still encounter difficulties in getting your compensation. The railroad may drag its feet about investigating and paying your claim, and you may need to pursue legal action with the aid of your attorney.

If you struggle with an injury sustained on the job as a railroad worker, you need skilled legal assistance to help you get the results you seek instead of running into seemingly insurmountable roadblocks. The Law Office of Paul R. Bennett has the necessary expertise to represent you in this area of personal injury law. Contact our office today.

3 Critical Moments in Every Personal Injury Case

Wed, 27 Jul 2022 18:33:54 GMT

Every personal injury case has unique circumstances and complications, but most follow a similar timeline. As with any other process that can take months or years to resolve, certain critical points along this path can substantially affect the outcome. Unfortunately, many people may not recognize the importance of these moments, ultimately limiting their settlement.

While you don’t need to know every detail of how a typical personal injury case proceeds, understanding the broader picture can be useful so you can take the correct actions at these crucial junctures. This article will help you recognize three of these moments so that you can take the correct actions should you find yourself injured due to someone else's negligence.

1. Immediate Aftermath

When does a personal injury case begin? You might think the answer is when you file a claim or when you speak with an attorney. In reality, your case begins in the moments immediately after you suffer an injury. Whether you experience a slip and fall accident in a store or an automobile collision, the immediate aftermath is critical.

Always begin by attending to your own personal health and wellbeing. Don't refuse medical treatment at the scene if you believe you may be suffering from an injury. Not only is this crucial to help doctors diagnose and treat any injuries, but this may also help you later in your case. Prompt medical treatment is often a critical factor in avoiding claim denials.

If you're well enough to do so, you'll also want to begin gathering information while at the scene. Note any witnesses and consider recording anything said by the other party. You will also want to contact the police, even for an accident that may seem relatively minor. Generally, the sooner you receive a police report for your accident, the better off your claim will be.

2. Initial Treatment

Depending on the severity of your injuries, your initial treatment may follow soon after the accident. However, if you refuse treatment or if your injuries aren't severe enough to warrant immediate attention, you will still want to seek medical help as soon as possible. Never assume that pain or discomfort following an accident will go away on its own.

Insurance companies may attempt to deny injury claims based on when you seek treatment for your injuries. Some insurance companies can use it against you if you wait too long or don't pursue treatment vigorously enough. Your first few visits after an accident will often dictate the overall course of your treatment, so they're a critical part of your case.

Just as you shouldn't refuse initial treatment, you should also be sure to attend all follow-ups and tests your doctor requests. These visits will help establish evidence of your injuries' severity and will be critical as your case progresses. Once you've reached maximum medical improvement, your attorney will use these records to help justify your settlement demands.

3. First Settlement Offer

Once you file a claim with the at-fault party's insurance, you can expect a first settlement offer to come relatively quickly. This settlement offer may come while you're still undergoing treatment for your injuries, and it will often be much too low to cover your damages. The settlement will typically come with a signed release form waiving your right to future lawsuits and compensation.

For severe injuries, you should generally consult with a lawyer before you receive this settlement. Accepting an insurance company's initial settlement offer will often mean giving up a substantial amount of the compensation you deserve. A skilled personal injury attorney will help you evaluate the offer and craft an appropriate rejection, if necessary.

Every personal injury case has many moments that can make or break your ability to receive fair compensation for your injuries. Going it alone can mean easily stumbling into these pitfalls along the way. The Law Office of Paul R. Bennett has the experience and knowledge to help you navigate your case and receive a fair settlement. Contact us today for a consultation on your personal injury case.

4 Important Steps to Take After a Workplace Injury

Tue, 29 Mar 2022 21:26:27 GMT

Work-related injuries can be a life-changing experience for you and your family members. These injuries can leave you with hefty medical bills and lost wages. Fortunately, when you get injured at work, you are entitled to workers' compensation benefits to cater to these costs.

However, not everyone can be eligible for workers' compensation. Some employers and insurance companies may look for loopholes to deny you the benefits or reduce their costs. Therefore, you need to follow the right procedure to ensure you receive the benefits. This article highlights four steps to take when you get injured at work.

1. Report the Injury to Your Supervisor

Different companies have different policies when it comes to reporting workplace injuries. However, you should report the incident to your supervisor immediately. If you are unable, you can report later, but you should not wait for more than 30 days .

When you report the accident, give all the specific details. You need to tell the supervisor when the accident occurred and how it happened. While making the report, ensure your supervisor keeps a written record. This report will help you make a workers' compensation claim. Also, be sure to get a copy of the report to serve as evidence if anything goes wrong.

2. Get Medical Assistance

When you sustain a serious work injury, you need immediate medical assistance from any certified medical practitioner. When the emergency is over, you can ask your manager to recommend you a doctor who satisfies their workers' compensation requirements for follow-up visits.

During the treatment, explain to your doctor about all your injuries. You may also ask your doctor to give you a medical report that explains your injury. Other things that should be included in your doctor's report include:

Medical costs
Doctor visit dates
Dates you missed work due to the injury

If you neglect the injury, your employer or the insurance company may argue that your injury was not serious enough to warrant treatment or compensation. Your employer may also dispute whether the injury was work-related, and you may not get the workers' compensation benefits.

After treatment, you need to strictly adhere to your doctor's instructions to avoid further complications. For instance, your doctor may ask you to stop working completely or rehab your injury at least two times a week.

3. File Your Claim

After you report an injury to your supervisor, you'll need to file a workers' compensation claim. Most times, you'll need to file this claim within one to three years after the accident. However, some states may give you more time. If this time elapses, you will not be eligible for the benefits.

Workers' compensation does not only cover injuries that occur due to one-time accidents. This policy also covers any condition you may develop over time while working. For instance, if your work involves lifting heavy objects, you may develop back problems. Don’t hesitate to file a claim for these chronic issues.

4. Hire a Lawyer

Filing a workers' compensation claim can be a long and overwhelming process. For this reason, you need to hire a personal injury attorney.

While you look for an attorney, you need to determine their level of expertise in these types of accidents. To win your case, you'll need to hire an experienced lawyer since they have all the necessary knowledge and skills to handle your case. Also, these lawyers know how to handle problems in case of any complications.

Another thing that you should keep in mind when you hire a personal injury attorney is whether they are licensed to work in your area. To find an eligible lawyer, you can search online about the best personal injury attorneys in your area and read their reviews. If a person has many negative reviews, avoid them. You can also ask your family or friends for recommendations.

Getting the most out of your workers' compensation claim is essential for your health and financial stability. To enjoy these benefits, ensure you don't make any mistakes that may compromise your eligibility. For more information about workers' compensation policy or for assistance with your claim, contact The Law Office of Paul R. Bennett.

How Medical Malpractice Can Cause Preterm Birth — Plus Related Damages

Thu, 10 Mar 2022 18:07:45 GMT

Medical malpractice can lead to preterm delivery for expectant mothers. You deserve compensation for your damages if you undergo such an experience. Below are some of the ways medical professionals can trigger preterm birth, and the damages you may collect.

Contributions

Numerous things can lead to preterm birth. However, preterm birth only becomes medical malpractice if a medical professional or facility contributes to factors that lead to early delivery. Below are some ways a healthcare provider can cause or contribute to preterm birth.

Failing to Notice Risk Factors

Expectant mothers face different risks of preterm delivery. For example, you have a high risk of preterm delivery if:

You previously gave birth prematurely
You are expecting multiple babies
You got pregnant shortly after your last delivery
You are underweight or overweight

Your doctor should evaluate you and determine your level of risk. That way, the doctor can intervene appropriately to prevent preterm delivery. Any doctor who doesn't notice your risk factors might be guilty of medical malpractice.

Failing to Notice Warning Signs

Many people do not experience preterm delivery out of the blue. In many cases, warning signs develop before the delivery. For example, you should suspect imminent preterm delivery if:

You start to experience frequent contractions
You notice changes in your vaginal discharge
You develop cramps

Your doctor should suspect preterm delivery once you inform them about your signs and symptoms. A doctor who doesn't correctly interpret the signs and symptoms as warning signs of preterm delivery might be guilty of medical malpractice.

Failing to Intervene or Improperly Intervening

Your doctor should not just notice your risk factors or warning signs. The doctor should take the relevant measures to deal with them. For example, your doctor may:

Advise you on lifestyle and dietary changes to minimize your risks of preterm delivery
Prescribe medications to eliminate premature labor that might lead to premature delivery
Manage the conditions that have triggered the warning signs

Your doctor might be guilty of medical malpractice if they don't intervene, intervene too late, or execute the wrong interventions. For example, a doctor might make a mistake and give you injections that don't delay your premature labor.

Damages

Premature delivery can affect you and your baby's lives in several ways. You deserve compensation for all these effects. Below are some of the damages the defendant should compensate you for.

Medical Treatment

Preterm babies suffer various medical complications. For example, the child might suffer:

Sensory problems, such as hearing or vision loss
Developmental delays
Digestive problems

The defendant should pay for these and other related medical problems. The child might also need longer hospital observation than full-term babies, and the defendant should shoulder these costs too.

Extra Child Care Costs

Preterm babies sometimes become delicate and require more care than full-term babies. You might have to pay more childcare costs than you would with a full-term baby. Include the costs in your demand letter to the defendant.

Lost Income

You might spend more time away from work to take care of your child than you would have otherwise. For example, a preterm child might spend some time in the hospital for supportive care. That means you might miss work or forgo your business projects for some time. Demand compensation for that lost income.

Pain and Suffering

Lastly, many parents experience psychological issues if their preterm babies develop medical complications. The extra effort of caring for your baby can also add to your distress. Thus, your compensation package should include pain and suffering damages.

The Law Office of Paul R. Bennett has over 15 years of legal experience, including medical malpractice experience. Contact us to review your preterm delivery or any other suspicion of medical malpractice. We will use our legal knowledge and experience to help you get the compensation you deserve.

3 Parties That Can Delay Worker's Compensation Claims

Thu, 10 Feb 2022 00:24:39 GMT

Worker's compensation benefits help injured employees recoup some of the financial losses injuries cause. The sooner worker's compensation processes your claim, the sooner you receive the benefits. Understand what or who can delay your claim so you can preempt them. Below are three main parties that can cause such delays.

1. The Insurance Company

Unavoidable circumstances, intentional actions, and unintentional actions of the insurance company can delay your claim processing. Below are examples of such issues.

Understaffing

An inadequately staffed insurance company might struggle to handle its claims on time. The risk is even high if the company covers numerous businesses and receives multiple claim filings.

Administrative Errors

Administrative errors are possible in all businesses, including insurance companies. For example, many insurance companies handle claims on a first-come-first-serve basis. However, an adjuster might make a mistake and start working on a relatively recent claim before older ones.

Poor Training

Relevant and adequate training is necessary for all professionals, including insurance workers. Thus, inadequate training means insurance workers might not know what to do at some stage of claim processing. The situation might trigger a delay, for example, if a supervisor has to jump in to sort the problem.

Investigations

Insurance companies investigate claims before accepting or denying them. Complicated cases take a long time to investigate. For example, a claim with preexisting injuries might long to investigate.

Negotiation Tactic

Some insurance companies intentionally delay claims in a bid to lower their settlement payouts. Such an insurance company can use the delay to frustrate you and force you to accept a low settlement.

2. The Employer

Your worker's compensation claim might delay even before it leaves your employer's hands. Below are some causes of such delay.

Inappropriate Reporting Procedures

You should report your injury to your supervisor or employer as soon as possible. The employer will then forward the relevant injury paperwork to worker's compensation insurance. This process might not go smoothly if your employer doesn't have an appropriate reporting procedure in place.

Communication Breakdown

In many cases, the first person to receive the injury report is not the person who processes and sends it to workers' compensation. For example, your immediate supervisor might receive the report and forward it to a dedicated department that deals with worker injuries. If that is the case in your workplace, miscommunication between the two parties can delay the report.

Intentional Delay

The number of worker's compensation claims an employer makes affects their insurance premiums in subsequent years. An unscrupulous employer might decide to sweep some claims under the carpet to minimize their effect on future premiums.

3. You

Many employees don't understand how worker's compensation claims work. As such, your actions or inactions can delay your worker's compensation claim. Below are some examples of such actions.

Reporting Delay

A prompt injury report is advisable for multiple reasons. For example, early reporting gives your employer time to investigate the accident. Early reporting also initiates the claim processing. A delay might force your employer to take longer than normal to investigate the accident and forward your paperwork.

Incomplete Information

Your employer needs an incident report that details the nature, location, and time of the accident. The employer needs to know what you were doing at the time of the injury since worker's compensation only pays for work-related injuries. Your claim might delay if you leave out some details.

The Law Office of Paul R. Bennett has represented injury victims since 1984. We believe in helping injured workers recover their full damages in the shortest time possible. Contact us for a consultation whether you have filed your worker's compensation claim or plan to do so. We can help streamline the process and preempt delays.

What to Do if You Collide With an Uninsured Driver in Georgia

Tue, 11 Jan 2022 17:10:02 GMT

What to Do if You Collide With an Uninsured Driver in Georgia

If you're a responsible driver, you already carry the insurance coverage that's required by law. However, not every driver is as responsible as you are, and some motorists still choose to get behind the wheel even when they have no insurance or a policy with insufficient coverage. If you ever get into an auto accident with an uninsured driver in Georgia, here are a few things that you should do.

Contact the Authorities

Under Georgia law , you must notify the police if damage from the accident is expected to exceed $500 or if anyone suffered bodily harm, regardless of either driver's insurance status. You should also call the police if the other driver admits to having no insurance or can't produce proof of insurance, regardless of the amount of damage or injuries.

When the officers arrive on the scene, they will take statements from you and the other driver to record each person's versions of how the accident occurred. The uninsured motorist may receive a citation and incur additional penalties for failing to comply with the law and carry the necessary auto insurance coverage.

Inform Your Insurance Company ASAP

Regardless of whether or not the other driver is insured, your insurance company will want to know about the accident as soon as possible. You can try contacting the insurance company on your own, but hiring an attorney to get in touch with your carrier for you may be a better option if you want to avoid accidentally saying something to an insurance representative that might jeopardize your claim.

If you wait too long to notify your insurance company, your claim could take much longer to process. You may also have trouble proving your version of the events if you delay, and this may result in a judgment against you and no payment from your insurance to cover losses.

Take Detailed Photos and Video

You'll definitely want to compile as much evidence as possible to support your version of the events if the other driver is uninsured, and a great way to go about this is to use your phone or an available camera to take pictures and capture video footage of the damages. You should capture close and wide images from different angles of the external and internal vehicle damage, as well as the other driver's license plate.

Along with pictures of the wrecked vehicles, you can capture images of other things at the scene to better support your claim. Street signs or other nearby objects or structures that were damaged are important to photograph. Any skid marks that were left on the road before the impact occurred should be photographed as well. You'll also want to visually document any noticeable bodily injuries.

Take Legal Action

Since Georgia isn't considered a no-fault state, your insurance company isn't required to pay for the damages if the uninsured driver caused the accident unless you've added uninsured motorist coverage to your plan. The uninsured driver could get arrested and fined, but this still won't help you financially if you don't have uninsured motorist insurance.

If you don't have the extra coverage and your insurance company refuses to pay for the full amount of the damage, you might have to file a lawsuit against the driver for compensation. If you need to take legal action to recoup your losses, a personal injury lawyer who also deals with auto accident cases can assist you.

You shouldn't have to be on the hook for any damages that an uninsured driver caused. Contact a lawyer at the Law Office of Paul R. Bennett for help with your claim and getting answers to all your important legal questions.

Common Car Accident Injuries

Thu, 09 Dec 2021 08:33:07 GMT

Car accidents that result in injury to at least one involved party are common - over 2.5 million Americans went to the emergency room for vehicle crash injuries in 2012, according to the CDC.

While some of these injuries are minor bruises, cuts, sprains, and other superficial injuries, car accidents are responsible for many other serious injuries that can lead to high healthcare costs, time missed at work, and, in some cases, long-term medical problems.

Whiplash

Whiplash is one of the most common injuries associated with car accidents. Whiplash injuries occur when the neck is suddenly jerked forward and backward, like when you're in a vehicle collision or have to slam on the brakes.

Neck pain and stiffness are the most common symptoms of whiplash, but they don't always manifest right away. You may also notice a decrease in your neck's range of motion when turning your head from side to side or tilting your head forward and back.

Whiplash is usually very treatable, and outcomes improve the sooner you seek treatment, so it's best to get checked out as soon as possible after you've been involved in a car accident.

Concussions

Head injuries are common vehicle accident injuries that can lead to high medical bills and long-term damage in some cases. Concussions are common in vehicle accidents that involve a sudden impact or stop.

Sometimes concussion symptoms, such as dizziness and headache, can show up within seconds or minutes after the accident, but they can also manifest later. Other common concussion symptoms include confusion and a feeling of strong pressure on the head.

Broken Bones

Vehicle accidents can easily result in bone fractures in various body parts. Wrist fractures are common, too, due to the impact from the steering wheel or airbag. Broken bones in the arms and legs are also common, and airbags or contact with the dash can result in fractured ribs.

More severe bone fractures are immediately noticeable due to pain, swelling, and deformity, but smaller fractures may not be immediately noticeable.

A femur break is one of the most serious broken bones caused by car accidents. Femur breaks take a long time to heal and may result in a lot of time out of work.

Back Injuries

Back injuries that range from mild muscle strains to severe spinal cord injuries are some of the most prevalent injuries from car accidents.

Some of the most common back injuries sustained in vehicle accidents are herniated discs. The force of a vehicle collision can put stress on your entire spinal column, especially the lower back where your discs are most likely to slip out of place.

People involved in a crash often tense their muscles and make their body rigid right before impact, which can put more stress on discs.

If a disc herniates, or slips out of place, it can put pressure on nerves and lead to long-term pain, numbness, tingling, weak back muscles, and reduced physical function. Herniated discs in the middle of the back can cause issues with other organs like the bladder and digestive organs.

Herniated discs in the neck can cause reduced range of motion, stiffness, severe headaches, and vision problems.

Spinal cord injuries are some of the most severe injuries people can sustain in vehicle accidents. Sometimes spinal cord injuries are fatal, but even when they aren't, they can result in paralysis and other permanent spinal problems.

The Law Office of Paul R. Bennett offers experienced, aggressive representation for personal injury victims throughout the Columbus, Georgia area.

If you've been injured in an automobile accident due to another driver's negligence, contact us today to set up a consultation. We can come to you at home or in the hospital.

What to Do if You Have Received a Class Action Notice

Fri, 29 Oct 2021 14:30:08 GMT

A class action is a lawsuit pitting multiple plaintiffs against one or more defendants in the same injury case. For example, a defective product that harms multiple households can result in a class action if the households decide to unite and sue the product manufacturer. You may receive a notification about the class action if you are one of the injury victims.

Below is what you should do if you receive such a notice.

Read and Understand the Statement

First, read the notice to understand its implications for you. In many cases, the notification email will not contain the full statement that contains every detail of the case. You have the right to the full statement if you want to understand the class action further. In such a case, use the contacts in the email to request further information.

One critical thing you should understand from the outset is whether you are an eligible class member. The email will describe the alleged injury and a description of the class members. Confirm that the notice has not come to you erroneously and you are indeed the class action's member.

Understand Your Options

Secondly, understand your options and their effects. Below are some options available to you, depending on the lawsuit's stage by the time you read the notice.

Become a Class Member

One option is to accept the notice. Accepting the notice means that you have accepted to be a class member and will abide by any resolution the class representatives (plus the legal representatives) may reach. This option makes sense if you have suffered the same injuries as other class members and believe in their cause.

In most cases, you accept the notice simply by doing nothing. The lawyers representing you will assume that you agree to the lawsuit if they don't receive a response from you. You lose the right to further claims relating to the injury once you become a class member.

You might also read the notice after the lawyers have already settled the case. In such a case, the notice will explain how to receive or decline your share of the settlement. However, you won't be able to file a solo claim even if you decline your share of the settlement.

Opt-Out Of the Class Action

Another option is to opt-out of the lawsuit. You have to respond to the notice if that is your decision. Most notices come with a box or form that you fill to indicate that you have opted out of the class action. You may opt-out of the class action if:

You feel that you do not qualify as a member of the class action
You do not agree with the intentions or aims of the class action
You want to file a private lawsuit on the same issue the class is addressing

Ensure you send your opt-out reply before the indicated deadline; otherwise, your opt-out will be invalid.

Become a Named Plaintiff

The last option is to participate in the class action, but as a named plaintiff and not an ordinary class member.

Participating as a named plaintiff allows you to:

Hire a different lawyer to represent you instead of relying on the designated class lawyers.
Pursue greater compensation than other class members may receive.
Actively participate in the lawsuit instead of sitting back and waiting for the lawyers and class representatives to settle the case.

Participate as a named plaintiff if your injuries (and damages) are significantly greater than those of other class members, but you don't want to file a separate case.

Your reaction to a class action notice has significant consequences. For example, your reaction determines whether you can pursue separate injury claims. Contact The Law Office of Paul R. Bennett for a consultation on your injuries before making such a huge decision. We will analyze your case and advise you on whether to file a separate lawsuit.

What You Need to Know If You Are Injured at a Pop-Up Shop

Wed, 20 Oct 2021 10:50:10 GMT

Over the last few years, pop-up shops have become more popular. These temporary locations can be seen selling anything and everything you need, but they are usually only in a location for a short period of time.

If you are injured at a pop-up shop, you may have to figure out exactly who is responsible for your injuries. Is it the owner of the shop or the owner of the physical location where the shop is located? Here are a few things you may need to know.

Who Has Insurance?

Pop-up shops are typically set up in vacant properties for a short period. Whether they are set up for a few hours or a few months, the owners of the pop-up shop should have purchased some type of public liability insurance. This type of insurance is designed to protect the business owner from any type of claim brought against the business by a member of the public.

Public liability insurance will cover:

Bodily injury
Property damage
Legal expenses for the policy owners

Unfortunately, although pop-up shops should carry public liability insurance, some business owners do not due to the small size of the business. If the business is not insured, the business owner themselves can be liable for any injuries you sustain. They can be at risk of having their personal property attached to cover any claim that is filed against their business.

Public liability insurance is also a limited policy. It may only cover claims of injuries that take place within the actual business itself. If your injury takes place in the parking lot or outside of the shop itself, the liability may fall on the owner of the physical property where the pop-up is located.

Coverage would fall under the property owner's premises liability or general liability coverage.

What Is the Difference Between Public Liability and Premises Liability Insurance?

While a public liability policy is limited in what and where it will cover if an accident occurs, a premises liability policy provides more coverage if an accident takes place anywhere on the business property. Not only does it cover any injury that takes place within the facility itself, but it also provides coverage for the grounds surrounding the business.

For example, if you were to trip and fall due to a crack in the sidewalk that leads to the door of the pop-up shop, your injury may not be covered under a public liability policy but would be covered under a premises liability policy. This is true whether the policy is held by the pop-up shop owner or the property owner.

Your injury may also be covered under any type of general liability policy being held by the property owner. Both policies would cover any medical expense you incur, but a separate premises liability policy may have higher amounts of coverage.

Is Anyone Else Liable?

In addition to the pop-up shop owner and the property owner, depending on where you sustain your injury, other people may also be liable. For example, if you were to slip and fall on a public sidewalk leading onto the business's property, you may have a case against the city or municipality where the sidewalk is located.

Knowing exactly who to contact and deal with following an injury at a pop-up shop can be very confusing. If you accept a settlement offer from the wrong company, you could forego any further settlement or treatment options you may be due.

Before you sign anything or agree to any settlement offer, you need to contact The Law Office of Paul R. Bennett . We will perform a full investigation into the circumstances surrounding your injury, determine who is at fault and negotiate the best settlement for you. Give us a call today so we can get started on your case.

Tips for Driving at Night Without Incidents and Accidents

Wed, 15 Sep 2021 20:42:31 GMT

Night driving is often more dangerous than daytime driving. Take the following precautions to reduce your risk of an accident while driving at night.

Increase Your Following Distance

Visibility is not as good at night as it is during the day. Increase your stopping distance so that you can spot and deal with road dangers in time.

Ensure you can brake within the distance your headlights illuminate. For example, if your headlights illuminate 200 feet in front, ensure you can stop within that distance. That way, you can stop if something like an animal darts into the edge of the illuminated section of the road.

Reduce Your Speed

Reduced speed can increase your reaction time in case of danger. For example, you should be able to control your car, swerve, or stop if an animal steps into your path. Speed reduction also reduces the impact in case of an accident.

For example, hitting a pothole at high speed is more dangerous than hitting the same pothole at a lower speed.

Ensure Others Can See You

Other road users, such as cyclists, pedestrians, and truck drivers, should see you so that they can avoid crushing with you. A few tips to ensure others can see you include:

Ensuring the taillights are clean and operational
Ensuring the brake lights are clean and operational
Ensuring the headlights angle correctly and don't blind other road users

Don't just ensure the lights are operational - use them.

Ensure You Can See Others

You should also see the road, other road users, roadside objects, and even animals. Thus, you should:

Have clean and operational headlights
Ensure the windshield is clean and sound
Ensure the windshield wipers are functional
Dim your interior lights to avoid glare (you won't see the outside clearly if the interior lights are too bright)
Use the right prescription glasses if you need them

Remember to turn on your headlights early enough - don't wait until outside is pitch black.

Don't Drive When Tired

Driving while exhausted and drowsy is dangerous - almost as dangerous as driving while intoxicated. The danger is real since exhaustion:

Slows your reaction time
Reduces your attentiveness
Impairs your judgment ability

Watch out for signs of drowsiness once you are on the road. Typical signs include:

Yawning

Nodding

Having droopy eyes

Act appropriately to reduce the danger if you suspect you are exhausted. Discover a few tips that can help:

Stop and rest.
Take some caffeine to help you stay alert.
Turn on the radio (but not so loud that it can distract you).
Roll down the windows from time to time (the fresh air can help you stay alert).

Your response should depend on your level of exhaustion. For example, you should stop and rest if you find yourself nodding off.

Practice Defensive Driving

Defensive driving is useful at any time of the day. However, the practice becomes even more useful at night. Night driving risks include intoxicated motorists, wildlife, and exhausted motorists. You may avoid the dangers if you can:

Scan the road ahead
Allow good clearance when overtaking
Watch out for dangerous drivers, such as those driving erratically

In short, watch out for accident risks so that you can avoid them in time.

Watch Out for Animals

Lastly, watch out for animals since many come out at night. The season and driving area determine your risk of collision with wildlife. For example, deer are common between the months from October to January.

Contact the Law Office of Paul R. Bennett if you do get involved in an auto accident at night. Let us use our 15 years of experience to get you the compensation you deserve.

3 Key Steps in Filing a Medical Malpractice Claim

Fri, 06 Aug 2021 14:08:00 GMT

If you are the victim of medical malpractice, file a compensation claim for your damages. However, claims have time limits and specific requirements, so knowing where to start is crucial.

Patients can make claims for various acts of negligence on the doctor's part. Common examples include failure to diagnose, improper treatment, and failure to warn the patient of known side effects and risks.

Essentially, you will need to prove the existence of a doctor-patient relationship, negligence, and injury or damages resulting from the act of negligence. Discover three steps for filing a medical malpractice claim.

1. Review State Limitations

Georgia and all other states have unique deadlines and statutes of limitations. There is a deadline for filing a malpractice claim, so you should ensure you are still within the allowed window.

Statutes of limitations vary depending on the case's circumstances. In Georgia, you must file a malpractice claim within two years, although the maximum limit is five years. Other statutes include the discovery rule exception and deadline for minors and incapacitated individuals.

Review the statute of limitations in Georgia before filing for a medical malpractice claim. More importantly, discuss the specifics with an experienced personal injury or medical malpractice lawyer.

Do not worry if you have no idea how to find the statutes. Your lawyer will bring you up to speed about the current requirements and determine if you are eligible for a claim.

2. Find a Reputable Lawyer

You will need a medical malpractice lawyer to stand any chance of a successful claim. Suing a doctor or clinic often means going head-to-head with lawyers representing the opposing side, and they will come prepared.

Without a lawyer, you stand little to no chance of getting the compensation you deserve. As such, you should involve an experienced attorney as soon as you determine your doctor's negligence is the cause for your injury and damages.

Working with a licensed medical malpractice attorney will go a long way in helping you argue your case if it goes to trial. Such cases are more complex and involve proving how a doctor's deviation from the medical standard of care worsened your condition.

Find an experienced lawyer with a successful track record and claims. You will also need sufficient medical records, expert medical witnesses, and other pieces of evidence when filing a medical malpractice claim.

3. File an Affidavit of Merit

An affidavit of merit is also known as a certificate of merit or an expert affidavit. It is a pre-lawsuit filing requirement in Georgia and many other states. Essentially, you need to file one before or with your compensation claim.

However, Georgia has a window for filling the expert affidavit after the initial claim depending on the case's circumstances. The affidavit is a statement from a qualified physician who reviews the medical records to provide a sworn opinion expressing the negligent acts of your doctor.

An affidavit of merit is essential as it specifies the negligent acts and omissions and the factual basis for the claim. Your lawyer will help you in finding a qualified physician to provide the certificate of merit. They will also inform you about any other pre-lawsuit filing requirements.

Has your doctor's negligence caused your injuries? According to the laws of Georgia, you can file a medical malpractice lawsuit to claim compensation for your injuries and damages. However, you need to follow the right procedure.

The Law Office of Paul R. Bennett has more than 30 years of experience helping clients receive fair compensation in Columbus, Georgia. Contact us today to start building your medical malpractice case. We look forward to working with you.

What to Know When You've Been Hit by a Drunk Driver

Fri, 02 Jul 2021 05:32:39 GMT

Car accidents are common, but in many cases, you can avoid them with defensive driving. However, when the other driver on the road is drunk, their impaired driving can lead to disastrous consequences that may be difficult or impossible to avoid, since you can't predict a drunk person's actions. If you've been hit by a drunk driver, check out these three facts you should know.

1. You Are Likely Not At Fault

Typically, a drunk driver will be found to be at fault for the accident. This designation, attached to the drunk driver, is common because every driver has a "duty of care" to drive responsibly and safely. Drinking and driving is almost always a surefire way to breach this duty of care, and if it leads to property damage or personal injury, you may be able to sue or file a claim.

The driver's blood alcohol content (BAC) is an important factor when determining who is at fault. If the driver was severely inebriated and their BAC was well over the legal limit, they are more likely to be found at fault. Similarly, the type of accident plays an important role, too.

For example, if you rear-ended someone who turned out to be drunk, you may still be found to be at fault. In most cases, the back driver in rear-end collisions is responsible because they were likely driving too close to the other car or too fast. However, if you can prove the other driver's drunkenness caused them to cut you off or suddenly slam on their breaks at 60 mph, they may be found to be responsible for the accident.

2. You Can File a Claim, Sue, or Seek Victim Compensation

If you are hit by a drunk driver, you have the option to file a claim with the insurance company or sue the other driver. You may decide to sue if the injuries you sustained were extensive and expensive or if the other driver has no insurance or inadequate insurance. In addition, because the other driver was drunk, you may also be awarded punitive damages.

For example, one driver in Georgia hit the victim's car twice and then continued to push into it. Since this type of behavior is considered outrageous and dangerous, it led to awarded punitive damages. Punitive damages are capped at $250,000 in Georgia unless you can prove the other drunk driver was specifically and intentionally trying to harm you.

If you have exhausted all other ways to seek reimbursement for your accident, including health and auto insurance claims, but you still haven't been reimbursed, you can try the victim compensation program, which provides money for people after an accident.

To get any money, however, you must prove that the other driver caused serious injuries (or wrongful death), that you didn't cause the accident, that you notified the police within 72 hours of the accident, and that the accident was no more than one year ago.

3. You Can Benefit If the Other Driver Is Convicted of a DUI

Drunk driving is illegal. Therefore, even if the drunk driver caused no major damages or injuries, they can still be legally responsible for their actions. This legal responsibility may lead them to receive fines, jail time, or community service.

In addition, if the drunk driver who hit you is convicted of a DUI, it may help your case. When the drunk driver gets convicted, it shows the courts and insurance agency that the other driver did something wrong, which helps you better prove they fully caused the accident and helps you to receive compensation.

Car accidents are never fun, and when they involved drunk drivers and high speeds, they can become deadly. If you've been hit by a drunk driver, you may be wondering what to do next. If you would like to know more, or if you're ready to start talking about filing a claim or suing the drunk driver, contact us at the Law Office of Paul R. Bennett today.

Issues That Might Complicate Your Workers' Compensation Claim

Mon, 31 May 2021 01:37:30 GMT

Workers' compensation claims are usually more straightforward than personal injury claims. The difference arises because you don't have to prove liability in a workers' compensation claim. However, some workers' compensation claims can still be complicated. Below are some of the issues that can trigger such complications.

Insufficient Evidence

Workers' compensation may be a no-fault remedy, but you do need to prove evidence of your injury. You may need to prove:

Where you were injured
What you were doing at the time of the accident
Your injury's extent

Proof comes in various forms, such as:

Eyewitness testimony from someone who witnessed the accident
An accident report from the supervisor or employer
Medical records
Photos or video footage of the accident

You might struggle to prove your claim without sufficient evidence. Thus, injured employees should always move fast to gather and preserve evidence after an accident.

Lack of Coverage

Workers' compensation benefits come from insurance companies. Thus, you can only get the benefits if workers' compensation coverage applies to your injury. Below are some complications that can trigger coverage issues.

No Insurance

Your employer must purchase workers' compensation insurance for you to get the benefits. With a few exceptions, Georgia requires all employers with at least three employees (full-time, part-time, or seasonal) to purchase the coverage. You might have to file a personal injury claim against the liable party if your employer doesn't have the coverage for one reason or another.

Excluded Injury

Workers' compensation only applies to work-related injuries. For example, you might struggle to get the benefits if you got off the premises during a break and suffered an accident then. In such a case, you must prove that your break activities were work-related. For example, you may succeed with your claim if you were picking up a package for your boss during the break.

Excluded Worker

Workers' compensation doesn't cover all workers. Examples of excluded workers include:

Farm laborers
Independent contractors
Domestic workersNew paragraph

Such workers often have separate remedies for work-related injuries. Thus, you must prove that you are not on the exclusion list before enjoying your benefits.

Post-Firing Filing

You can file a workers' compensation claim at any time. However, the workers' compensation department is usually suspicious of those who file claims after their bosses lay them off.

Consider a case where you slip and fall in your office, spraining a joint. However, you don't file a workers' compensation claim until a couple of weeks later, after your boss fires you. In such a case, workers' compensation might think that you are on a revenge mission. You must prove the genuineness of your injury to succeed with the claim.

Discrepancies

A successful workers' compensation claim thrives on documentary evidence. You may need evidence in the form of:

An accident report
Medical care records
Drug prescriptions
An independent medical examination report

Ideally, all these records should say the same thing about your injury. Consider a case where your treatment records show less serious injuries than your accident report. In such a case, you must iron out the discrepancies before you can get your benefits.

Pre-existing Conditions

Pre-existing medical conditions mean you must separate your current injuries from your past injuries. Workers' compensation benefits will only apply to the current injuries you sustained on the job.

Say you have suffered a slip and fall accident in the workplace while recovering from auto accident injuries. Your claim won't be straightforward because the insurance company doesn't want to compensate you for your auto accident injuries.

The Law Office of Paul R. Bennett deals with many workers' compensation claims. We have the skills and experience to handle even the most complicated cases. Contact us for a consultation on your workplace injury to determine how to get your benefits.

What Kind of Automobile Insurance Coverage Should I Have?

Thu, 09 Apr 2020 21:43:09 GMT

What Kind of Automobile Insurance Coverage Should I Have?

Thousands of people are injured or killed in car accidents in the United States every year. No matter how safely you drive, you may still find yourself involved in a vehicle collision caused by an inattentive or distracted driver or by someone driving under the influence of drugs or medication. This is why we all seat-buckle ourselves and loved ones, try to drive defensively, and carry automobile insurance. Unfortunately, most people do not know how to purchase the right kind of automobile insurance coverage to fully protect themselves, their family, and their other passengers.

There is no such thing as “full coverage”

If you tell an insurance agent you want to buy “full coverage” on your automobile, you have just told the insurance agent that you do not know what kind of coverage you want and you are trusting the insurance agent to select that coverage for you. Most insurance agents will try to provide you with the barest coverage required by law so that they can quote you the lowest premium for your insurance and get your business. You need to know what kind of automobile insurance coverages there are and select those coverages that you most need and can afford.

The state of Georgia has minimum automobile insurance coverages that must be sold by any insurance agent (or online) to any Georgia resident purchasing insurance for their vehicle. All Georgia policies must have liability coverage and collision coverage of at least $25,000.00.

What is liability coverage?

Liability coverage is insurance you purchase to protect you - - or anyone else driving your vehicle - - whenever you are at fault in causing an accident that injures someone else. When the injured person makes a claim against you for their medical expenses, lost wages, and general pain and suffering, your insurance will either pay the injured person money in settlement to compensate them or will pay for a lawyer to protect you against a lawsuit when your insurance company is unable to settle the claim.

What is collision coverage?

Collision coverage is like liability coverage, except collision coverage pays to repair the property of someone else - - usually their car - - if you are at fault in causing a collision that causes property damage.

What is comprehensive coverage?

Comprehensive coverage is protection for you if your vehicle is damaged by some event other than a collision. If your car catches on fire, is damaged in an act of vandalism, is stolen, damaged when you strike an animal, or if it is damaged by a fallen tree or a flood, you file a claim on your policy’s comprehensive coverage.

If you drive an older model car that isn’t worth very much, you may not wish to purchase comprehensive coverage. However, if you have just purchased a brand new vehicle, you may wish to protect your new purchase by carrying enough comprehensive coverage to pay for the repair of your vehicle when it is damaged or its replacement if it is damaged beyond repair.

What other kinds of insurance should I consider purchasing?

Liability coverage, collision coverage, and comprehensive coverage are the most common coverages purchased by vehicle owners. Liability and collision coverage have to be purchased because the law requires it. There are two other kinds of insurance coverage you should consider purchasing: medical payments coverage and UM coverage.

What is medical payments coverage?

Medical payments coverage is usually pretty inexpensive. It can be purchased to protect you and anyone in your car in the event that they are injured in any kind of an accident, whether your fault or the fault of someone else. Medical payments coverage is bought in increments of $1,000.00 up to $50,000.00, and sometimes higher.

Let’s say that you purchased medical payments coverage of $5,000.00. If you have an accident and you and three passengers are all injured, medical payments coverage will pay up to $5,000.00 of medical bills for each person in the vehicle who was injured. There are no deductibles or copays. Even if you have health insurance, most people with health insurance today have very high deductibles, often $2,500.00 to $5,000.00, which you have to pay out of your own pocket to receive medical care. If you have medical payments coverage, it can be used to pay the deductible on your health insurance. If you are covered by Medicaid or Medicare and hurt in a car accident, federal and state laws require that you repay Medicare and Medicaid for any of the medical bills they have covered for you. Medical payments coverage can be used to repay Medicaid and Medicare.

What is UM coverage?

UM is an abbreviation for uninsured motorist coverage or underinsured motorist coverage. Uninsured motorist coverage protects you if you are hurt in an accident with an at-fault driver who doesn’t carry liability insurance - - unfortunately a still a common occurrence even though illegal. Underinsured motorist coverage, on the other hand, will protect you if you are involved in an accident with an at-fault driver who has liability coverage, but too low to cover the injuries and expenses suffered by you. UM coverage covers both personal injury claims and property damage claims that you might make against another driver who’s insurance is inadequate to fairly compensate you for your losses.

Here is an example of how UM coverage works: let’s say that you were involved in an automobile accident with a driver who carries only $25,000.00 in liability coverage as required by Georgia law. Unfortunately, your medical expenses and lost wages add up to roughly that same amount. Unless you have UM coverage, you will not be fully compensated, because the

other driver does not have enough liability coverage to pay all your bills plus compensate for all the mental and physical pain you have had to endure. You can then turn to your own automobile insurer to collect additional money under your UM coverage.

One of the most common instances in which you might make a claim under your UM coverage is if you are the victim of a hit-and-run driver where the at-fault driver gets away and cannot be found. An unknown hit-and-run driver is considered the same thing as an uninsured driver.

Whenever you purchase UM coverage in Georgia you are automatically purchasing both uninsured motorist coverage and underinsured motorist coverage. Even so, there are still two different kinds of UM coverage in Georgia: traditional UM coverage and add-on coverage. The better coverage, the one you should purchase, is add-on UM coverage.

Traditional UM coverage is reduced in amount by the coverage you may collect from the at-fault driver’s liability insurance coverage. If you have $25,000.00 in UM coverage and the at-fault driver has $25,000.00 in liability coverage, the most you can collect for any injury or property damage is $25,000.00. Your UM coverage is canceled out by the equal amount of liability coverage that the at-fault driver carries. Add-on UM coverage provides better protection for you because your coverage is not canceled but added on to any liability coverage: if the at-fault driver has $25,000.00 worth of liability coverage and you have $25,000.00 of add-on UM coverage, there is $50,000.00 that you can collect by making a claim on both policies.

The final thing you should do to protect yourself in the event of a vehicle accident.

Call an attorney if you or a loved one are hurt in an automobile accident.

Even if you are involved in an accident where the at-fault driver has insurance and you have yourself purchased adequate insurance coverage, automobile accident claims can be complicated. Insurance companies will contact you and try to take a recorded statement as soon as they can after an accident. This is not to help you file your claim; this is to help the insurance company find a reason to deny your claim. Insurance companies love to receive your premium payments but hate to issue you a check whenever you get injured. You need a lawyer who can properly represent you against insurance companies on the other side and help you resolve any reimbursement claims that may be made by your personal health insurance, Medicare, or Medicaid.

Seek legal advice as soon as possible even if you decide not to use an attorney. Most attorneys offer free consultations. If you decide to hire an attorney, the attorney will usually work on a contingency fee contract which means that the attorney will not charge you any money unless the attorney wins your case. If you have a UM claim, or a claim against a city or state government, you often have to provide immediate notice of the claim or it can never be brought. For instance, many insurance companies require a UM claim to be made “as soon as possible.” If the claim is not made quickly enough, your coverage disappears.

At the Law Office of Paul R. Bennett we have many years of experience in helping people injured in automobile accidents. Consultations are free and you pay no attorney’s fees unless we win your case. Call us so we can help.

Basics on Filing Insurance Claims

Thu, 09 Apr 2020 21:18:00 GMT

Basics on Filing Insurance Claims

If you are involved in a vehicle accident where you believe the other driver is at-fault, there are certain steps you should take to protect your claim for compensation from the at-fault driver and his insurance company and even to protect any claim you might have on your own automobile insurance policy.

At the Law Office of Paul R. Bennett we help people every day navigating the insurance claims process to secure compensation for property damage and bodily injury claims. Here are the basic steps that must be taken following a vehicle accident in order to protect your claim and how an experienced lawyer can assist you.

Immediately After an Accident

Call the police.

If a Georgia Uniform Motor Vehicle Accident Report is not prepared and filed by an investigating police officer, you may lose your right to file certain insurance claims. An investigating police officer can assist your claim by interviewing witnesses and recording their names, addresses, and telephone numbers on the accident report. These independent witnesses may later be of great benefit to you and your claim. The investigating officer will also examine the accident scene and take statements from the involved drivers themselves in order to determine what caused the accident and who was at fault.

If you are able, you yourself can obtain the names and telephone numbers of witnesses on the scene who might leave before the police officer arrives. You should also take photographs and even videos of the accident scene, damage to the vehicles, and of any injuries then or later apparent.

The police will generally ask you whether you are injured or whether you would like for an ambulance to be summoned to the scene. While you may not feel the need for an ambulance to take you immediately to a hospital, you should be cautious about declaring yourself to be injury-free. Often times, injuries manifest themselves within hours after an accident. It is better to tell the police officer that you do not know whether you are injured and you will seek medical attention later if you are. Adrenaline produced by the shock of being involved in an automobile collision can often temporarily mask symptoms of pain.

Immediately notify your insurance carrier or insurance agent.

Why should you notify your insurance company that you were involved in an automobile collision that was not your fault? Because if you don’t, you may lose the right to file claims on your own automobile insurance policy. For instance, the at-fault driver may turn out to be uninsured. They may never have purchased liability insurance in violation of the law, or their insurance coverage may have lapsed, or the insurance coverage denied for some other reason. If you have uninsured motorist coverage, your insurance policy may require that you notify them

“as soon as possible” in order to later make a claim for uninsured motorist benefits--money paid to you to compensate you for your property damage or bodily injury where the other driver has no coverage or too little coverage.

Also, if the other driver has no insurance or insurance coverage for any reason, you may need to make a claim on your own automobile insurance coverage for medical payments benefits (which will pay a certain amount of your medical bills regardless of who is at fault, even yourself) and you will want to protect your right to file a claim for possible property damage under your collision coverage. Filing a claim for uninsured motorist benefits or medical payments benefits will not cause your automobile insurance premium to rise.

After you notify your insurance company that you have been involved in an accident, you will get a call from the claims department representative who will want to take a statement from you on how the accident happened and what, if any, injuries you sustained, and they will usually record the statement. You have a duty to cooperate with your own insurance company.

You do not have a duty or obligation to cooperate with the at-fault driver’s insurance carrier. You also are under no obligation to even speak with them, although they will want to talk to you as well and possibly record a statement. Be careful. The liability insurance carrier for the at-fault driver can use your recorded statement against you in some cases to argue later that you were wholly or partially to blame for the vehicle accident.

If talking to the liability insurance carrier about getting your property damage claim settled, do not give the insurance adjuster for the liability carrier a detailed statement about the accident. You can offer to provide a copy of the police report where the investigating officer has determined that their insured driver was to blame for the accident.

Often times, a property damage claim can be settled without a lawyer, although a lawyer can certainly give you advice on how to make sure you are getting everything you deserve on your property damage claim. If your car can be repaired, you are entitled to take your car to the body shop of your choosing and have it repaired to your satisfaction. While your car is undrivable--and it will certainly be undrivable while it is in the body shop--you are entitled to be paid for loss of use of your vehicle or be provided with a rental vehicle. After your car has been repaired, if it has dropped in value due to being damaged in a collision, you may also be entitled to be paid for the drop in value (a diminution of value claim).

If your vehicle has been totally destroyed, the liability insurance carrier must pay you the fair market value of your car, or what it was worth before it was destroyed. The insurer will also owe you an additional amount: the amount of sales tax you will pay to purchase another vehicle of the same fair market value.

If you cannot negotiate a fair property damage settlement with the liability insurance carrier, you may want to file a claim on your own automobile insurance policy where you have collision coverage. You will have to pay the deductible amount listed on your policy, but your insurance

carrier will then go to the at-fault party’s liability insurer to be repaid by them. Once your insurance company has been repaid, they will refund your deductible to you.

How We Can Help

Navigating claims against insurance companies can get complicated. Insurance companies are always looking for ways to reduce their liability and pay you less. Mistakes made by you in trying to handle a claim by yourself can end up costing you money. You may not get the fair compensation you deserve on your claim. While you may be able to negotiate a property damage claim with the liability insurance carrier, settling a bodily injury claim for fair compensation is much more difficult and often times impossible without the help of an experienced auto accident attorney. Don’t be afraid to reach out to an attorney for help on such claims.

Feel free to call us at the Law Office of Paul R. Bennett. Consultations are FREE. If you choose to have us represent you, we will do so on a contingency fee where we only are paid if we win your case.

Can My Lawyer Settle My Case And How Does The Settlement Process Work?

Thu, 09 Apr 2020 20:26:57 GMT

Can My Lawyer Settle My Case And How Does The Settlement Process Work?

Most personal injury cases are settled, usually without the need to file a lawsuit. A case can be settled at any time, but the earlier it can be settled, the better for you. An early settlement allows you to collect your money to compensate you for your injuries much sooner, the less you have to pay in attorney’s fees and expenses and you are spared the stress and uncertainty that is involved in any civil trial. At the Law Office of Paul R. Bennett we are experienced in dealing with personal injury cases of all types, know how to fairly evaluate their worth, and know how to apply pressure to insurance companies to get you the best settlement as soon as possible considering all the facts and circumstances in your particular case.

Not all cases are the same, but here are some of the basic steps that are involved in a settlement for any personal injury claim.

GATHERING THE FACTS

In your first meeting or consultation with us we will begin to gather the facts regarding your injury in meeting and talking with you. All consultations at the Law Office of Paul R. Bennett are free of charge.

How were you hurt?

Were there any witnesses?

Is there a police report, incident report, or investigation report into the incident which caused you to be hurt?

Is there any video of the incident?

Are there any photographs?

What hospitals and doctors have you seen for treatment?

How has your injury affected you and your family?

If we feel we can help you collect compensation for your injury, you will be asked to sign a contingency fee contract in order for us to begin representing you. Under this contract, you pay us no money for attorney’s fees or expenses unless we win your case. To win your case we must either settle your case for an amount of money that is satisfactory to you or try your case and obtain a jury verdict in your favor with an award of money damages. Then, and only then, we get paid a percentage of the settlement or jury award.

THE SETTLEMENT DEMAND

As soon as you have completed your medical treatment, we put together a package to be sent to the insurance company. This would include copies of your medical bills, medical records, photographs, videos, investigation reports, witness statements, proof of lost wages, and any other documents which would support your entitlement to compensation. This package is called a settlement demand and includes a letter from us explaining how you were hurt, how badly you were hurt, why you deserve to be compensated, and how much you deserve to be paid in compensation. We want to be sure that you recover reimbursement for all of your medical bills, lost wages, and other out-of-pocket expenses

you incurred. We also want you to be compensated for your pain and suffering, physical and mental.

Once the insurance company receives our demand package, the insurance company must respond within 30 days. Usually, the response comes in the form of a counter-offer where the insurance company is offering to pay you compensation, but less than the amount we have demanded on your behalf.

NEGOTIATIONS

Usually the first settlement offer made by the insurance company is not their final offer. We begin negotiating with the insurance company to find out what the top offer they will make to you to settle your claim. You will be kept informed throughout the settlement negotiations and no case will be settled unless you are satisfied with the amount being offered.

If you and your attorney feel that the final settlement offer to you is unfair - - or if the insurance company fails or refuses to make a settlement offer - - the next step is the filing of a lawsuit. This does not mean that your case can no longer be settled. Cases often settle after a lawsuit is filed. Settlement negotiations can take place at any time, even in the middle of a trial. Most often, after a lawsuit is filed, the cases are later settled in mediation.

MEDIATION

Most judges in Georgia require a mediation session be held before any case goes to trial in their court. A mediation is a face-to-face meeting attended by you, your attorney, the attorney for the insurance company, and insurance company representative and presided over by mediator. A mediator is usually a retired or still practicing lawyer or judge who is chosen by the parties to assist them in the settlement negotiation process. The mediator listens to both sides explain the case and then, after separating the parties, moves back and forth to talk to them in private and communicate new settlement offers. The mediator may also express an opinion to the parties on the value of the case as the mediator sees it. Mediations have become very popular now because of their high success rate in resolving cases after a lawsuit has been filed.

TRIAL

Going to trial is a last resort when your case cannot be settled. The decision to go to trial will only be made where the insurance company refuses to make an offer to settle your case or the offer they make is inadequate and unfair. If we recommend that you file a lawsuit, it is because we believe that we can collect more money for you from a jury than by continuing to work with the insurance company. The decision to go to trial will be yours to make after your attorney discusses the risks and benefits of placing your case into litigation.

Remember, our goal in representing you is to collect as much compensation for you as we can, considering all the facts and circumstances of your injury and your suffering. We promise to apply all our experience and energy toward that goal.