Articles Posted in Car Accidents

Published on:

Many people who are involved in car accidents seek medical care from chiropractors for their personal injuries. Each person’s injuries are different, so the decision as to where to seek medical care after a car accident depends on various factors such as:

  • The extent of the injuries. For example, if there are fractures or broken bones, you’ll probably go the emergency room via ambulance from the scene of the collision and follow up with an orthopedic doctor. If there’s a head injury that causes headaches or a traumatic brain injury, then it would be advisable to seek emergency car and follow up with a neurologist. On the other hand, if the injuries are “soft tissue,” meaning they are largely muscular and involve the pain caused by whiplash, then seeking care from a chiropractor or a primary care physician is probably okay.
  • Whether there is health insurance. If there is health insurance available to cover treatment for injuries related to the accident, absent a catastrophic or emergent injury, then starting with a primary care physician is probably ideal way to obtain treatment. Chiropractors normally work on a “lien” basis, where they get paid on the back end of the settlement. Any time you have available health insurance to cover the cost of medical care, no matter what kind of provider you use, it is better than treating on a lien care basis because using your health insurance will more than likely allow you to maximize your recovery.
Published on:

Yesterday, the National Highway Traffic Safety Administration recalled millions of Takata air bags placed in vehicles manufactured by Toyota, Honda, Nissan, Mazda, BMW, and GM. These air bags are defective and have killed at least three Honda drivers so far and injured hundreds of people. The NHTSA issued the recall and urged consumers to act immediately upon the recall. You can search here by VIN number to see if your vehicle is affected.

A New York times article published yesterday and another September article report that an investigation showed that Honda and Takata knew that the Takata air bags have been exploding since 2004. Nonetheless, Honda did not issue a recall until 2008, and it was only on a small fraction of their vehicles. Several recalls have been issued since then, and last month, Honda issued another recall, bringing the total number of recalled Honda and Acura vehicles to 6 million.

The defective Takata air bags explode and send shrapnel or chemicals flying at drivers, killing and injuring them. Those who have died from the exploding air bags have been stabbed by shrapnel from the exploding airbags and basically bled to death. The air bags were designed to deploy using a chemical explosive that is encased in a metal canister; thus, an explosion can occur and rupture the airbag, harming the passengers in the vehicle. Takata’s engineers explained the defect in many different ways, but cannot give one clear explanation for the problem. One explanation was that a defective machine at one of their plants made the explosives contained in the airbag unstable and caused it to burn aggressively rather than inflate the air bag properly. Another explanation was that a switch designed to reject poorly made explosives was in the off position at the plant where the air bags were made.

Published on:

When you are injured in a car accident that was caused by another person, you should definitely seek medical attention as soon as possible in order to ensure that your personal injury claim is as strong as it can be.

Making a personal injury claim in Georgia

To make a claim for injuries that you suffered from a car wreck, you must generally show the following:

Published on:

If you have been injured in a car accident or any other accident and have a personal injury case in Atlanta, Georgia, it may impact your Georgia bankruptcy filing. A personal injury case is considered an asset that is required to be disclosed in a Chapter 7 or Chapter 13 case in Georgia. Depending on when the accident happened, a personal injury case could be considered a bankruptcy asset in a Chapter 7 case that is subject to taking by the bankruptcy trustee. If the accident happened before you filed Chapter 7 bankruptcy, then the personal injury claim belongs to the trustee. A personal injury claim must always be disclosed if you are in an active Chapter 13 case.

If you have a personal injury claim in Georgia that must be disclosed as an asset in bankruptcy, you must:

1. Inform you Georgia personal injury attorney that you may file bankruptcy or that you have already filed bankruptcy;

Published on:

When you are involved in a car accident and a need to make a personal injury claim in Atlanta, Georgia, you have to consider how your bankruptcy case can impact the personal injury case.

The first thing you need to do is inform your Georgia personal injury lawyer that you are either a debtor in a pending bankruptcy case or you are considering filing bankruptcy in Georgia. Obtaining a personal injury settlement in Georgia is complex when you also have a pending bankruptcy matter.

If you are already in an active bankruptcy case, your Atlanta personal injury attorney and your Atlanta bankruptcy attorney need to collaborate to make sure your claim is preserved. If you are in a Chapter 7 case, any money that you may obtain from a personal injury lawsuit may be an asset that is subject to liquidation by the bankruptcy trustee. Thus, you must be very careful about settling the claim and disbursing the funds, and your personal injury attorney must seek court permission to represent you in the claim for your injuries. If you are in a Chapter 13 case, the money you obtain from a personal injury settlement in Georgia could be considered disposable income and also may be required to be paid to the creditors in your case. Similarly, your personal injury attorney must obtain court permission to represent you.