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Frequently Asked Questions

Below are some initial questions many clients have when they first contact Jason R. Schultz. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your case. The consultation is free.

Tractor Trailer Accidents

Q: How is an automobile accident case different from a tractor trailer accident case?

A: Usually trucks are required to carry higher amounts of insurance coverage. And the safety standards for truck drivers are much higher. There are also federal regulations that only apply to truck drivers as they travel for the purpose of interstate commerce. Trucking companies are obligated to conduct background checks on drivers they hire and must periodically evaluate existing employees. Their drivers are limited by a certain number of hours they can drive in a day. They get tested for alcohol and drugs – in case of an accident and randomly. And the basis for establishing fault on the part of the trucking company and its driver are violations of the FMCSRA (Federal Motor Carrier Safety Regulation Act). All of these and even more rules apply to the trucking companies and their drivers. If a violation of any of the rules took place or you were injured as a result of a truck driver’s negligence then you may sue for damages. We encourage that you contact us if you were involved in a tractor trailer accident because of case complexity. We work with best experts in Georgia who can help reconstruct the accident model and testify on your behalf. Experience and knowledge go hand in hand at Jason Schultz’s law firm. Do not hesitate to call us for a consultation on your tractor-trailer accident case at (404) 584-6668.
Q: How much insurance are trucks required to carry by federal and/or state law?

A: If the truck operates between states (subject to federal law) then commercial vehicles are required to carry at least $750,000 of insurance for bodily injury. Georgia only imposes a minimum requirement of $100,00 for turcks that operate solely within Georgia.

Automobile Accidents

Q: What am I entitled to receive if my insurance company or the at fault party's insurance company declares my car a total loss?

A:
When an auto insurer declares your vehicle a total loss, you might lose some hair because of the hassle, but you shouldn't lose your shirt. Auto insurers are responsible for paying the actual cash value or market value of your vehicle so you can replace it with a similar one, but that's only half the story. In Georgia, they are also responsible to pay for the "hidden" costs that come with purchasing a new vehicle, such as sales tax, title, and vehicle registration. The amount payable on taxes, license fees, and transfer fees shall be limited to the amount that would have been paid on the totaled, insured vehicle at the time of settlement.

Twenty-nine states require auto insurers to pay for the sales tax after you replace your crashed vehicle with a new or used one (see list at right). However, that doesn't necessarily mean insurers in those states are going to offer to pay sales tax up front, nor does it mean insurers in states that don't require those reimbursements will refuse to pay. That's why it's important to ask the insurer to reimburse you, even if the state in which you live does not require it.
Q: How do I handle the property damage to my car?

A: The insurance company for the driver that caused the wreck is required to either repair your car if it is repairable plus diminution in value, or to pay for what the car was worth just before it was wrecked. If the other driver did not have insurance, then your own insurance company can handle the property damage to your car and then will go after the other motorist for the money it expended to repair the car. For a number of reasons, sometimes it is simply easier to go through your own insurance company for repairs and they will, in turn, get reimbursed from the at fault driver's insurance company. Of course, you should make sure that your company pays the deductible back to you after it is reimbursed.
This will be explained below.
Q: Do I have to get the car repaired where the insurance company tells me to get it repaired?

A: No. You can get it fixed at the body shop of your choice. Make sure that the insurer who is repairing the car (either yours or the at fault driver’s) gets an opportunity to examine the damage to the car BEFORE repair work is started.
Q: Will the other person's insurance company get an estimate of their own?

A: Probably. Most insurance companies will have their appraiser look at your property damage. If your car is too damaged to be moved, they will come to the car.
Q: Do I have to get three estimates?

A: No. This is a prevalent myth repeated so much that it is almost a part of American folklore. Since you can get the car fixed where you want, just get one estimate from the body shop of your choice. Be leery of the "approved" or favored shops of any particular insurance company as they may be beholden to the insurer and not be looking out for your best interests.
Q: What if my estimate and the insurance company's estimate do not match?

A: They usually will not match. Just get your body shop man to call the insurance company – they should be able to work out the difference.
Q: They fixed my car – is that all I get for property damage?

A: No and this is the big secret. You are also entitled to additional money for diminution in value. This means that even after they fix your car, it is now worth less than it was just before it was wrecked. This is especially true when there has been lots of damage to the body or the frame. If you are going to buy a car and it suffered heavy damages, you would pay less for that than another one just like it that had never been wrecked. Most insurance companies will not tell you about diminution in value because they hope you will not find out about it. Demand and get paid for it. Another way to prove diminution is to get a statement from your dealer telling how much the value has dropped because of the wreck. Frequently, either your insurer or the insurer for the person that caused the wreck will tell you that the Georgia Insurance Commissioner has a diminished value formula that has been endorsed by them (UNTRUE!). The Georgia Insurance Commissioner does not endorse or authorize any formula for calculating a diminished value claim.
Q: Will the other person's insurance company pay my medical bills up front?

A: In most situations, they will not. The other person's insurance will usually only pay your medical bills when the entire claim is settled at the end of the case.
Q: Who will pay my medical bills if the other person's insurance company won't pay my bills as they are incurred? How do my medical bills get paid in the meantime?

A: There are several ways to handle your bills up front:

1. Check your automobile insurance policy to see if you have medical payments coverage – "Med Pay" for short. If you do, your insurance company will cover your bills as you treat with the doctors up to the limits of your insurance policy.

2. You may also submit your bills to your health insurance company if you have one.

3. Unfortunately, few medical doctors will see you without up front payment. However, some medical doctors and most chiropractors will accept a "lien" – this is your written promise to pay the doctor out of any settlement money.
Q: What about my wages while I am out of work?

A: The only way you can get help now is if your company has sick leave or if you have any private disability policy or you were injured while on the job. If you were hurt while you were on the job then you may have a workers' compensation claim. There are lots of deadlines and hoops you must jump through to protect your rights in those situations and you need to contact an attorney who specializes in that area. While we do not practice Worker's Compensation law, we know several very good lawyers who do and will refer you to one in your area.
Q: I have serious injuries but the other driver’s insurance policy is too small to cover them. What can I do?

A: A minimal auto policy in Georgia provides for only $25,000.00 in bodily injury coverage. That may not be enough to cover your injuries if they are serious. Your uninsured motorist coverage may help. If your uninsured motorist coverage is greater than the driver's liability coverage, your policy will provide additional coverage called under-insured motorist coverage. Uninsured and under-insured motorist coverage is one of the biggest secrets in the business. Time and again, we have seen clients who have no idea what uninsured and under-insured motorist coverage actually provides or can be used for.
Q: The other person's insurance company sent me a letter saying that I do not need a lawyer and that they will treat me just as if I was their customer. Is this true?

A: This is an outright lie. I have never seen an insurance company explain all the rights to the victim. I have seen too many people get abused and frustrated by trying to handle their cases on their own. Car cases are more complicated than ever with today's law about subrogation, med-pay, under-insured motorist coverage and possible coordination with workers' compensation claims. Never forget that the job of your insurance adjuster is to pay you as little as possible in your claim. That is how they make profits for their company. They are not on your side. That is not what they are being paid for.
Q: Should I settle directly with the insurance company or retain an attorney?

A: In deciding whether to accept what you feel is a tempting offer from any number of “generous” insurers, consider this: In1999, the Insurance Research Council found that claimants who hired an attorney received an average of 3½ times more than those victims who did not obtain an attorney.

If your case is truly worth pursuing, the injuries may be complex and there are many traps for the unwary. An experienced attorney will be knowledgeable about making a demand and extinguishing subrogation and/or reimbursement claims or other medical liens. An attorney will be prepared to give the proper notice to other representatives of other related coverage to preserve your rights and maximize your recovery. A competent and experienced attorney can and will add value to your case. A non-lawyer who represents himself or herself can easily diminish the value of the case.
Q: When should I go back to work after I have been injured? Does it "hurt" my claim if I return to work soon after an accident?

A: It is important that you go back to working full time as soon as your doctor advises or as soon as you are able to do so. So many people receive bad advice from what I call "Aunt Harriet" who tells them that they should not go back to work because they will make their claim worth less money. Nothing could be further from the truth. From my experience, if your case is tried to a judge or jury, it will actually add to the value of your case if you steadily worked before the wreck and get back to work as soon as possible and struggle to work and regain some sense of normalcy in your life. Frankly, most of us have to work to survive and no juror expects anything less from you than to try to get back to work as quickly as humanly possible. Practically speaking, it is pretty difficult to survive without working and having some kind of income.

Medical Malpractice

Q: Under what circumstances can I sue for medical malpractice?

A: Before anyone files a medical malpractice claim it is essential that one understands that not any worsening of the medical condition is a result of a medical malpractice. When you went through a procedure in the hospital you should have been advised of any risks and possible complications associated with that procedure. For example, having a recurring infection is not necessarily a result of incorrectly prescribed antibiotics but can be a result of a chronic condition or a result of infection by resistant strains of microorganisms. But when something drastic takes place (such as an amputation of wrong limb, surgery on the wrong patient, incorrectly prescribed medications etc.) then one is eligible to file a medical malpractice claim. In that case, a licensed medical doctor from the same specialty area of medicine will be called to testify in court as an interpreter of medical language and your doctor’s findings and treatment will be compared to the set medical standards of treatment. We have successfully handled medical malpractice cases of various kinds and are ready to assist you in obtaining your compensation in your medical malpractice case. If you entrust your case to us we guarantee to do everything at all possible for the successful completion of your case, because we are devoted to serving you. Call us at (404) 474-0804 to have your free consultation.
Q: What needs to be proven in my medical malpractice case?

A: It is required that the plaintiff shows that the medical personnel, the defendant, has failed to act in accordance with set medical standards of care. A defendant’s negligence or wrongdoing can be confirmed with expert testimony. The proximate cause is another element that needs to be proven. Proximate cause is where the negligence of the medical staff must be correlated with the patient’s injury and suffering. Showing the damages that the incorrect medical care has caused is necessary at last and must be clearly presented to court. All these steps are essential for succeeding in your medical malpractice case and serve the purpose of crucial guidelines when handling any medical malpractice case. Please, do not hesitate to contact us, so we can determine if you have a medical malpractice case and can proceed with our own investigation to attain your goals.

Premises Liability

Q: If a customer falls on the store’s premises and hurts himself, does he have a premises liability claim?

A: A store may be liable if a customer slips, trips or falls on the premises of that particular store. For example, if someone slips and falls on a wet floor or any other slick surfaces, snow or ice that has not been cleared where it should have been cleared (in walkways), then the store might be liable if it was aware or should have known about the danger and failed to warn visitors verbally or with a sign or clean it up. Building flaw, incorrect design that leads to less than safe use of the facility or store’s failure to light an area properly can also serve as the basis for a premises liability case. Let us help you determine if you have a premises liability claim that we may be able to help you resolve in your favor that will help you get reimbursed for your injuries and suffering. We are here to help you and your loved ones. Call us today at (404) 474-0804 for a free consultation.
Q: What happens if one trips on a brick near a construction site while on a public sidewalk?

A: In some cases, the injured one will be able to obtain compensation from the company conducting construction. The construction company has a duty to take steps that will keep public sidewalks from being endangered by the construction process. If the company fails to keep a close public sidewalk free of brick and other obstacles, somebody trips and falls, then the company can be held liable. Posting of warning signs is usually not enough and the construction companies have to place barriers, warning lamps and any other applicable warning and safety devices for the safety of others. When you call us, we will take all information you provide to us into consideration, analyze it and determine if you have a case against a construction company. Jason Schultz realizes that no one has the right to shatter your health and will strive to obtain the best possible damage recovery for the injuries or suffering you have sustained. Call us today for your free consultation at (404) 474-0804.

Free Consultation

Jason R. Schultz
34 Peachtree Street N.W.
Suite 2570
Atlanta, GA 30303

Phone: (404) 474-0804
Fax: (404) 577-0564

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Debunking Myths and Avoiding Mistakes.
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