Frequently Asked Questions

Everyday Miller & Hightower lawyers attempt to answer questions from our clients, from potential clients, and from people that we just bump into during the day. While we cannot give legal advice without knowing all the facts and circumstances of the case and without forming an attorney client relationship, we often take time to help people in our community handle situations that they may be facing. So while the questions and answers below should not be considered “legal advice,” they are examples of questions that we frequently encounter. We hope that our answers below will assist you in your situation and of course we will be happy to set an appointment with you so that we may more fully assist you with your case.

Personal Injury

Q. Why do I need a lawyer to handle my injury claim?

A. When you are involved in a car wreck that is due to the negligence of another, you may be well served to attain the services of a lawyer. Even a minor accident with injuries can involve complex issues of insurance law, including but not limited to questions involving available insurance coverage, liability, and damages. A lawyer can assist you in evaluating the full value of your claim before an insurance company talks you into any kind of settlement. Insurance adjusters handling your claim are trained and skilled at minimizing the claims facing their employers the insurance company. No matter how nice and fair they seem they do not represent your best interests. A skilled and experienced personal injury lawyer will represent your best interests and can help you understand and develop the true nature of your injuries and value of your claims. If you enter into a settlement with an adjuster before knowing the true value of your claim you will probably not be able to collect additional compensation for your claim, even if your health changes and your injuries become worse. Utilizing the services of an experienced personal injury lawyer is always the best way to protect your rights and receive the maximum value compensation for your injuries.

Q. I was injured in an accident, but I am not sure about making a claim. If I make a claim with the insurance company, will I have to go to court?

A. Probably not. Most claims are settled out-of-court. Most likely, even if your case is filed, it will be settled without going to trial.

Q. The insurance company wants me to give a recorded statement, should I comply with its request?

A. Depending on which insurance company is requesting your statement, you may need to give a statement. If your insurance company is requesting a statement from you, you may be required, under your policy, to give a statement. If, however, the insurance company who is covering the negligent driver is requesting a statement from you then we generally recommend not giving such a statement. Once you give an unsuspecting statement to an adjuster, the insurance company is free to use that statement against you during the pendency of your case.

Q. The insurance company has sent me a release for my medical records, should I sign it?

A. The attorneys at Miller & Hightower generally advise against signing such releases because such releases are unlimited releases, thus allowing the Insurance company access to your medical records, which may be unrelated to the accident. Instead, we as your attorneys, will request your medical records that are pertinent to your case and prepare a comprehensive demand package presenting all appropriate records to the assigned adjuster or attorney.

Q. I was in an accident, I have some aches and pains, but I don’t think I am badly hurt. Should I consult a doctor?

A. Yes. Many accident victims only begin suffering from their injuries after the initial accident. What may seem as minor aches and pains often times indicate more serious injuries. You should consult a doctor to diagnose the true nature of your injuries. Failure to diagnose your injuries early in your case may substantially reduce the value of your case.

Q. Should I use my health insurance for my medical treatment?

A. Aside from your medical insurance, you may have other insurance available to cover medical treatment related to your accident. There are several factors of your case that can influence what type of insurance may be available to you. A Miller & Hightower lawyer will gather information related to your case and advise you how to maximize the value of your case by incorporating all the insurance available to you.

Q. The driver who hit me received a traffic citation. Should I attend the court hearing?

A. It is imperative that you attend any and all hearings related to your accident. If you have been told to show up for court or have received a subpoena for you to show in court, you should attend the hearing to ensure that the case against the negligent driver is not dismissed. Once our firm is engaged to represent you, often times a Miller & Hightower lawyer will attend the hearing with you the speak with the prosecutor and witnesses to gather evidence on your case.

Q. How long after my wreck do I have before I have to file a lawsuit?

Generally, the statute of limitations in Georgia for personal injury cases is two years, however, depending on the facts of the case, other notices may need to be filed within months of the occurrence in order to preserve your claim. In addition to the time limitations related to your case, it is important to consult an attorney as soon as possible after the occurrence so that you do not miss any legal deadlines and that you may properly develop your case to maximize the value of your case.

Q. How long will my case take to resolve?

A. The amount of time that any one case takes to resolve depends on many factors. Issues such as whether a dispute exists as to who was at fault, the extent of your injuries, and the other defendant’s or the insurance companies motivation to resolve the matter without a trial, and the venue of where the case is actually filed are all factors that affect the resolution time of a case. Although the time of resolution of your case is an important factor, we at Miller & Hightower always concentrate on ensuring your complete recovery and developing your case to obtain to maximum compensation for your injuries.

Q. How much is my case worth?

A. Each case must be evaluated upon the facts and circumstances surrounding the incident and the injured party. To evaluate your claim the Lawyers at Miller& Hightower must investigate how the incident occurred to determine liability. Then we must further evaluate the injured party’s treatment and cost of treatment both past and future. Additionally, we must determine the amount of past a future lost wages that are associated with the case. Finally, there are many additional factors that may affect the value of the case such as prior injuries, prior claims, among many other factors.

Q. I slipped on something wet and slippery on the floor in a retail Store. Can I maintain a law suit against the Store for my injuries?

A. Generally, Georgia law provides that in “slip and fall” cases like this example, the store may be liable if employees knew or should have known about the danger and did not take steps to correct the danger or notify its customers. Obviously, these cases are dependent upon the specific facts of the individual case. For example, if the facts of your case are that the floor had a foreign substance just before the accident and the store employees had no time to clean it or post adequate warning signs, the store is likely not liable. However, there is evidence that the foreign substance was left on the floor by a cleaning service or employee or employees knew or should have known about it but did not do anything, you have may be able to maintain a case against the store. Because “slip and fall” cases are fact specific and pertinent facts are usually not determined until after suit is filed, you should contact an attorney immediately after a “slip and fall” or a “trip of fall.”

Q. I was in an accident and the insurance company adjuster for the for the other driver says that they cannot compensate me because the accident was partly my fault, is that true?

A. No. In Georgia, you can recover even if the accident was partially your fault. For instance, if your damages are $100,000 and the adjuster is saying that you are 30% at fault, your settlement amount will be reduced by 30%, or $30,000. So even if you are at fault, you can still recover $70,000. However, many times the adjuster will attribute some level of fault to an innocent party as a defense to their insured’s negligence. Recently, we have noticed this defense being utilized in situations where there is no indication that the accident victim has any fault in the accident. The issues of fault can turn on very specific issues of fact, therefore, you may want to speak with an attorney when the adjuster starts telling you that you are at fault, especially where the officer has not indicated such on the accident report.

WORKERS’ COMPENSATION

Q. What is Worker’s Compensation?

A. Under Georgia legislation, workers’ compensation law provides for specific benefits to be paid to employees for injuries arising out of and in the course of employment, without regard to negligence or fault, and at the same time, provides the employer with limited liability. In Georgia, employers obtain worker’s compensation coverage through private insurers or programs of self-insurance. The rights granted an employee under the law preclude any other legal remedies against an employer by an employee due to a work-related injury. The law is applicable to all employers, including public corporations and nonprofit organizations that have at least three full-time or part-time employees.

Q. I was injured on the job and am eligible for Workers’ Compensation according to law, why do I need a Work. Comp. attorney?

A. Unfortunately, the workers compensation system often does not work the way it is supposed to work. Here are some examples of how Georgia employers have tried to avoid providing benefits to their injured employees:

• Your employer and your insurance company may challenge your claim by asserting that you got hurt elsewhere and not on the job.
• Your employer and its insurance company may fight your claim that you are exaggerating or faking your injuries.
• Your employer and its insurance company may insist that you have recovered, when, in fact, you have not.
• Your employer may fire you from your job after an injury and simply ignore your claim.
• Your employer and its insurance company may try to get you to accept a settlement of your case when all of your medical problems have not yet been addressed.

Q. I have a great relationship with my boss, why do I need a lawyer for my Worker’s Compensation claim?

A. Even if you have been a long time employee and are friendly with your employer you are likely to have a fight to receive all of your benefits. Once your claim is filed, your employer probably has very little to do with how the insurance company or its lawyer handles your file. Insurance claims adjusters are trained to save money for their employer. Sometimes these adjusters even receive a bonus for keeping their pay outs low.

Q. Can I get pain and suffering for being hurt at work?

A. If you were injured through the fault of another while at work you may be able to maintain both a civil personal injury case and a Workers’ Compensation case. With regard to a civil personal injury case, you may be entitled to general damages including “pain and suffering”. However, you would not be entitled to “pain and suffering” associated with your Worker’s Compensation claim. A Miller & Hightower lawyer can advise you as to the possible claims available to you and the benefits you may be entitled to.

Q. While at work I was injured in a car wreck that was my fault, I am eligible for workers’ compensation benefits?

A. It does not matter whether you were at fault, and as long as you are filling out your paperwork correctly and following the legal process, your employer cannot refuse to cover you. If you are being denied WC benefits then you should contact our office immediately.

Q. I was hurt at work and reported my injury to my supervisor. I was told to go back to work, but I can not do my duties because I am hurt. What should I do?

A. You must demand that your employer send you to a doctor. If they do not, you should go to a doctor listed on the Worker’s Compensation Notice Directory or got to your primary care physician or an emergency room depending on the seriousness of the injury. It is very important that you tell your supervisor that you need medical attention. Once you receive the medical attention you need contact our office so that we may ensure that you receive the benefits that you are entitled to.

Q. I was hurt at work and my doctor has told me not to go back to work for several weeks. How am I going to pay my medical bills while I am not working?

A. Depending on the facts of your case, you may be entitled to medical payments through Workers’ Compensation. A Miller & Hightower lawyer can review your case and help you receive all the benefits that are entitled to.

Q. I was hurt at work and my doctor has told me not to go back to work for several weeks. How am I going to survive while I am out of work recovering?

A. Depending on the facts of your case, you may also be entitled to money to compensate you for your lost wages. You may be entitled to two thirds of your average weekly wage up to $500.00. A Miller & Hightower lawyer can review your case and help ensure your employer’s insurance is paying you the wage benefits that you are entitled to.