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Malcolm K. Sullivan Attorney At Law, LLC | Forsyth, GA
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Frequently Asked Questions

If my vehicle is damaged, what should the at-fault driver or his insurance company pay?


If another person is legally at fault, you are entitled to seek the reasonable cost of repair of your vehicle, together with the reasonable cost of towing, storage, loss of use, and diminished value of your vehicle.

If another person is legally at fault and your vehicle is a total loss, then you are entitled to the fair market value of your vehicle minus its salvage value together with the reasonable cost of towing, storage, and loss of use. You may also be entitled to sales tax, title, and tag fees.  Usually you will have a choice to either have the at-fault party's insurance company pay you the fair market value of your vehicle and they take your vehicle or have them pay you the fair market value of your vehicle minus its salvage value and you keep the vehicle.

What if my vehicle is a total loss?

Georgia Accidents Only!

Am I entitled to anything for what I have been through?

Yes, this is commonly referred to as "Pain and Suffering". I refer to it as the "Human Losses". The law calls these types of damages non-economic damages because there is no way to put a precise value on them. The computation of the monetary value of non-economic damages is very subjective.

If I am injured, are the at-fault driver and insurance company responsible for my medical expenses and lost wages?

Yes, but unlike workers' compensation and health insurance, your bills and wages will not be paid as they are incurred. The at-fault party is not legally responsible to pay until they either agree to settle, agree to pay any judgment you obtain against them, or they are forced to pay by the court after all appeals are over. Until then, as unfair as it seems, your medical expenses are your responsibility.

What about compensation for my spouse who has been affected by my injuries?

Who pays for my attorney fees?

In Georgia, each party usually pays their own attorney fees, however, there are exceptions.

Your spouse has a claim in their own right called "Lost of Consortium".

Are there any other damages that I am entitled to?

How much will it cost to hire an attorney?

In some circumstances, such as intentional acts, gross negligence, or drunk drivers, you may be entitled to punitive damages. Also penalties, interests, and other types of damages may be available under certain circumstances.

In Georgia, you may hire an attorney to represent you on an hourly basis, or on a percentage basis known as a contingency fee. Most people hire their attorney on a contingency fee or percentage basis. The percentage will vary, but usually it is 33 1/3% to 40% of the gross recovery plus costs and expenses. The attorney usually advances all the costs of the case, and is only paid if there is a recovery.

Notice required by State Bar: "No recovery-no fee" refers only to fees charged by the attorney. Court costs and other additional expenses or legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases.


Disclaimer: The statements contained in this website only pertain to Georgia Law and are only general statements. This is for general informational purposes only. It is not legal advice. There are many exceptions and other things that must be considered. You should always consult an attorney first.

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