Frequently Asked Questions About Personal Injury Claims in Georgia
If you don't see your question here, call us. We're happy to explain anything.
General Questions
How much does it cost to hire a personal injury lawyer?
We take most personal injury cases on a contingency fee basis. This means you pay nothing upfront, and we only collect a fee if we win compensation for you. The fee is a percentage of your recovery, so there's no financial risk in hiring us. If we don't win your case, you owe us nothing for our time.
How long do I have to file a personal injury lawsuit in Georgia?
In Georgia, you generally have two years from the date of your injury to file a personal injury lawsuit. This is called the statute of limitations. However, there are exceptions that can shorten or extend this deadline, so it's important to consult with an attorney as soon as possible. Waiting too long can result in losing your right to compensation entirely.
How long does a personal injury case take?
The timeline varies significantly depending on the complexity of your case, the severity of your injuries, and whether the insurance company is willing to negotiate fairly. Simple cases with clear liability may settle in a few months. More complex cases, or those requiring litigation, can take a year or more. We always prioritize getting you fair compensation over getting a quick but inadequate settlement.
What is my case worth?
Every case is different, and the value depends on many factors: the severity of your injuries, your medical expenses (past and future), lost wages and reduced earning capacity, pain and suffering, and the strength of evidence proving the other party's fault. During your free consultation, we can provide a realistic assessment based on our 48 years of experience handling similar cases.
What if I was partially at fault for my accident?
Georgia follows a modified comparative negligence rule. You can still recover damages as long as you are less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For example, if you're found 20% at fault and your damages are $100,000, you would receive $80,000. If you're 50% or more at fault, you cannot recover any damages.
Do I have to go to court?
Most personal injury cases settle without going to trial. However, having an attorney who is prepared and willing to go to court is crucial to getting a fair settlement. Insurance companies evaluate attorneys based on their track record. With over 250 jury trials to verdict, we have the credibility to negotiate from a position of strength. If the insurance company won't offer fair compensation, we won't hesitate to take your case to trial.
Working With Wells & McElwee
Will I work directly with an attorney?
Yes. Unlike some larger firms where you may only speak with paralegals or case managers, at Wells And McElwee you'll work directly with your attorney throughout your case. We believe personal attention is essential to achieving the best results, and we're committed to being accessible to every client.
How often will I get updates on my case?
We believe in keeping clients informed at every stage. You'll hear from us whenever there's a significant development in your case. We also return phone calls the same day whenever possible. If you ever have questions, you're welcome to call our office — you won't get lost in a phone tree or waiting queue.
What should I bring to my first meeting?
If you have them available, bring any documents related to your accident: the police report, insurance information, photos of the accident scene or your injuries, medical records and bills, and correspondence from insurance companies. However, don't delay scheduling a consultation if you don't have all of these — we can help you obtain them.
Do you handle cases outside of Athens?
Yes. While our offices are in Athens and Watkinsville, we serve clients throughout Northeast Georgia and the Atlanta metro area. We handle cases in courts throughout the region and are happy to meet with clients at whichever office is most convenient, or by phone or video if preferred.
Insurance Questions
Should I give a recorded statement to the insurance company?
We strongly recommend speaking with an attorney before giving any recorded statement to an insurance company — especially the other party's insurer. Insurance adjusters are trained to ask questions in ways that can hurt your claim. Anything you say can be used to minimize or deny your claim. Let us handle communications with the insurance companies on your behalf.
What if the at-fault driver doesn't have insurance?
If the at-fault driver is uninsured, you may be able to recover compensation through your own uninsured motorist (UM) coverage. Georgia law requires insurance companies to offer UM coverage, though you may have declined it when you purchased your policy. We can help you explore all available options to recover compensation for your injuries.
Can I handle my claim without a lawyer?
You have the right to handle your own claim, but insurance companies often take advantage of unrepresented claimants. Studies consistently show that people who hire attorneys recover significantly more compensation than those who don't — even after paying attorney fees. Insurance adjusters are professionals whose job is to pay you as little as possible. Having an experienced attorney levels the playing field.
Still Have Questions?
We're here to help. Contact us for a free consultation.
Request Consultation Call (706) 543-8596