An oft-stated realism of the law is that most cases settle before trial. This is true of both criminal and civil cases. In the vast majority of litigations and prosecutions, both sides would rather settle their dispute on mutually agreeable terms than throw the case in front of a jury to have them decide the parties’ fates. This is not to say that some cases should absolutely go to trial, but the fact is that most do not.
This is also true when it comes to accident and injury cases. In most situations, there will be a victim, a negligent party, and a company who represents the negligent party and is part of the case as a result. The object of filing suit and bringing a claim against the negligent actor and insurance company is to ensure that the injured victim is justly, and appropriately compensated for the injuries they suffered. Because most of these case will end up in settlements, the details and laws revolving around settlement are important to know. If you have questions about your personal injury case, contact an Atlanta personal injury lawyer today.
Details Matter in Settlements for Georgia Cases
Those details that go into a settlement are the most important part, especially because of how Georgia law is written. This is the lesson that an insurance company and victim learned recently in their attempt to have a settlement overturned because of a late payment by the insurance company to the family of a deceased victim.
In that case, Grange Mutual Casualty Company v. Boris Woodard, the court was tasked with determining whether a late payment by the insurance company to a victim’s family voided their settlement agreement. Under Georgia law O.C.G.A. § 9-11-67.1 a party is required to accept the terms of an offer of settlement in 30 days, or it is void. In this case the family of the victim sent an offer to the insurance company for the full amount of liability on their policy, and the company accepted.
All should have worked out, and the case should have been resolved, but there was a clerical error. The insurance company did not send the check to the victim’s family in the amount of time stated in their agreement, and so the family argued that the agreement was void, and opted to continue with the case. The court of appeals agreed with them. Now the insurance company will have to either continue settlement talks with the family or take the case to trial.
What happened in this case can happen anywhere in Georgia, and that is why who you hire as your Atlanta personal injury attorney is so important. Any attorney in Atlanta and the surrounding area can take a personal injury case, but your case deserves the best.
Reach out to a Personal Injury Attorney Serving Atlanta
At The Angell Law Firm we understand the importance of details when it comes to your case. If you a personal injury attorney in Atlanta, contact us. We help those injured by the negligence of others receive the compensation they deserve. This includes those injured in motor vehicle accidents, workplace incidents, and all other kinds of accidents – even wrongful death cases.
(image courtesy of Felix Russel Saw)