DAVID A. LIPTON
Phone: (770) 797-9966
Address: 8237 Dunwoody Place Atlanta, Georgia 30350
Answer: Personal Injury cases involve claims against a negligent individual or corporation, the result of which causes an innocent party to incur medical expenses, wage loss together with pain and suffering.
Answer: If the driver of the vehicle in which you were a passenger is negligent, you can assert a claim. If at the time of the accident, you owned and insured your own automobile, your insurance company will be responsible for you medical bills and wage loss. If you did not, the vehicle in which you were a passenger would generally be responsible for your medical bills and wage loss. The mere fact that you were a passenger in a vehicle does not automatically give rise to a suit. The driver of the vehicle has to be negligent in some fashion.
Answer: There are certain circumstances when individuals other than a driver of an automobile may be responsible for your damages. For instance, if the negligent driver were in the course of scope of his employment at the time of the accident, his employer would be responsible as well. Similarly, if the driver is operating a car owned by someone else with that individuals consent and permission, that individual will be responsible as well.
Answer: Georgia is a comparative fault state. Generally speaking, you're entitled to recover from a negligent driver who causes an accident of subsequent injuries. If more than one driver is at fault, most cases are resolved by virtue of an apportionment of fault.
Answer: Georgia is a comparative fault state. As long as your fault is less than or equal to that of the other driver, a recovery can be realized. However, the recovery is diminished or reduced by the percent of fault attributable to you in causing the accident
Answer: Fault is generally determined by the totality of the circumstances surrounding the accident. Eyewitness testimony from neutral individuals is always important. Additionally, experts such as accident reconstructionist can be employed to determine fault.
Answer: Any individual who is injured by the negligence of another party in a motor vehicle accident.
Answer: The general rule is that the statute of limitations for car accident cases in Georgia is two years. There are certain exceptions and every case has to be evaluated closely on an individual basis.
Answer: A person is entitled to recover damages for past medical expense, past wage loss, past pain and suffering, future medical expense, future impairment of running capacity and future pain and suffering.
Answer: Every case is unique onto itself. Most physicians who care for and treat accident victims generally require 9-15 months of care and treatment in order to perform final opinions relative to injuries. Once final evaluations are in hand from treating physicians, a demand is provided to the appropriate insurance company. Thereafter, settlement negations would begin. If they were not productive, a lawsuit would be started. Most lawsuits are resolved through settlement or trial with in one year of commencement
Answer: There is no hard and fast rule for placing a financial value upon a case. Cases are evaluated based upon the circumstances of the accident, severity of the injury and its impact upon an individuals day-to-day affairs including employment.
Answer: Insurance companies do offer replacement or rental coverage while automobiles are being repaired. In some circumstances, the adverse insurance company is willing to provide a rental car.
Answer: Unemployment benefits can be applied for and depend on the applicants qualifications under state law. When filing for unemployment, you are generally certifying that you're available for but cannot find work. Accordingly, unemployment would not be generally available on these circumstances.
Answer: The police officer will gather the necessary information from the parties involved in the accident as well as neutral witnesses. When appropriate, photographs and measurements will also be taken. The report is than available within a short period of time thereafter.
Answer: Fault is determined by totality of these circumstances surrounding the accident. That includes independent witnesses observations, the observations of the parties and expert witnesses in the form of accident reconstructionist when appropriate.
Answer: It is rarely productive to conduct your own investigation concerning the facts of an accident. Lawyers, professional investigators and accident Reconstructionist are in the best position to act on your behalf.
Answer: If the cause of an accident is unclear, it is important that a professional be employed for the purposes of investigating the crash. Accident Reconstructionist is uniquely qualified to perform these tasks.
Under some circumstances if a quick stop is made, you certainly can be found liable in a rear-end crash. However, it is also obvious that the driver traveling behind you is responsible for observing traffic and keeping a watchful eye on the flow of traffic and road conditions.
Answer: At the time of an accident, emotions are high. If independent witnesses are available to cooperate earlier it counts, that will eliminate concerns about memories fading.
Answer: Whether or not a person was wearing a seat belt at the time of an accident is a factor the jury may consider when awarding damages but it does not preclude recovery. Therefore, that information is only a factor in evaluating a claim for injuries.
Answer: It is generally not a good ideal to provide blanket releases to a liability insurance adjuster. Those records do have to be provided in order to substantiate a claim however; there are safe guards, which can be employed to protect your privacy.
Answer: Air bag product liability cases are extremely difficult cases. In some circumstances, the cost of advancing a claim of this nature may exceed the amount ultimately to be recovered.
Answer: Most cases are resolved without the commencement of a lawsuit. However, even in those circumstances were lawsuits are commenced; most cases do resolve themselves short of a trial. It is always important to be represented by an individual skilled in the trial of cases of this nature in the event if settlement cannot be achieved.
Answer: Many cases are resolved through negotiation, mediation, or binding arbitration.