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Articles Posted in settlement

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Should You Handle Your Own Settlement Negotiations?

If you have suffered an injury in some kind of accident, is it a good idea to handle your own settlement negotiations? Some people think so. They can see themselves saving the cost of an attorney, and they might have a job that they believe gives them the ability to…

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Court of Appeals Reverses Award of Defense Legal Fees Following “Ambiguous” Settlement Offer

In 2005, Georgia added what is now known as the “offer of settlement” rule to its personal injury law. This rule allows defendants to recover their legal fees even in cases where the plaintiff wins their case. Essentially, if the defendant offers to settle the case before trial, the plaintiff…

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Ga. Court of Appeals Rules Family Accepted Binding Settlement Offer Arising From Fatal 2014 Accident

It is not uncommon following an auto accident for the negligent driver’s insurance company to make a settlement offer. If the victim accepts the offer, that forms a legally binding settlement agreement. In other words, if the victim later tries to back out of the deal, the insurer has the…

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How do You Settle a Personal Injury Claim with an Insurance Company in Georgia?

Georgia law creates a mechanism to settle personal injury claims arising from a motor vehicle accident prior to the filing of a lawsuit. Under this law, a settlement offer made by one party to the other must contain the following terms: a time period to accept the offer, which may…

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Can You Accept a Car Accident Settlement Three Years Later?

It is common practice following a Georgia car accident for the victim to negotiate a settlement with the negligent driver’s insurance company. Typically, the insurer agrees to settle for the policy limits in exchange for a “release of all claims” arising from the accident. Either party may also impose a…

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Georgia Court Reverses $700,000 Auto Accident Verdict

Despite what you might think, most auto accident claims are settled out of court between the injured victim and the negligent driver’s insurance company. Only when settlement negotiations break down will a plaintiff normally resort to litigation, which requires a significant commitment of time and resources. In many cases, it…

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Is a Settlement Binding if the Insurer Mails the Check to the Wrong Address?

Dealing with insurance companies following a car accident often involves a good deal of back-and-forth negotiations. If you are the victim seeking compensation, you have the right to make a conditional offer, that is, to release some or all potential claims against the insured person in exchange for a timely…

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Insurer Not Liable For $1.2M Judgment in Fatal DUI Accident

Most car accident lawsuits in Georgia are handled by the negligent driver’s insurance company. If an insurer refuses to settle a personal injury claim “in bad faith,” said insurer may be liable for any judgment against the insured in excess of the policy’s normal limits. In other words, the insurance…

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When Does an Insurance Settlement Offer Become a Binding Agreement?

Dealing with insurance companies is often the first legal issue that needs to be managed following a car accident. While many cases are amicably resolved with insurers without the need for litigation, accident victims always need to tread carefully lest they inadvertently sign away their legal rights. As a recent…

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