Can You Sue if Your Car Accident Injuries are Minor?

We always tell our clients that we can help them get the compensation they deserve for car accident injuries. We review whatever information they have, look at the seriousness of their injuries, and evaluate their case. The problem is that some cases are so minor, it doesnโ€™t make sense to pursue legal action. Claims of this size should be paid by the insurance carrier. They normally donโ€™t waste time and money fighting these small claims. This means that something mustโ€™ve happened for them to deny your minor claim. In cases like this, the best your East Point accident lawyer can really do is try to negotiate payment of your claim.

In order for your Georgia injury attorney to file suit, you must be able to prove your damages. If your accident injuries were extremely minor, it may not be possible to do this. For example, if you only suffered whiplash, that injury typically heals itself in a matter of days or weeks. If this is the case, we would not want to spend resources on filing suit.

If Your Car Accident Injuries are Minor, Insurance Should Pay Your Claim

In most of the cases, if the insurance company receives a small claim, they just pay it. It can cost as much to fight one of these claims as it does to just pay it. For example, if you have cosmetic damage to your car and less than $1,000ย  in doctorโ€™s bills, it makes sense to pay the claim. Of course, there are times when they deny a claim based on principle. For example, if the insurance adjuster is confident that you were at fault, they may deny your small claim.

It is usually the big claims that are worth fighting. If an insurance company is going to spend thousands of dollars to defend a claim, it better be worth it. Even if your big claim is denied, however, your East Point accident lawyer can still help. They will try to negotiate payment of your claim just like they would a smaller claim.

car accident injuries

If Need Be, You Can File Suit in the County Magistrateโ€™s Court

If your claim is less than $15,000, your only option would be to file a lawsuit in your County Magistrateโ€™s Court. These courts are specifically intended to handle smaller claims. If your Georgia injury attorney is unable to negotiate a settlement, then you may file suit. It is a lot cheaper to file a claim in Georgiaโ€™s equivalent to small claims court. The actual filing fee is lower, and you wonโ€™t have to pay for things like expert witnesses. These cases are often settled and do not involve as many issues as a larger case.

Some of the cases our East Point accident lawyers handle do end up in the County Magistrateโ€™s Court. Some of the cases that are ripe for this type of court include the following types of damages and car accident injuries:

  • Your car was totaled, and the insurance company wonโ€™t give you the fair market value
  • You suffered a minor injury but had to pay $3,000 in out of pocket medical bills.
  • Your vehicle only suffered cosmetic damage and it will cost a few thousand dollars to get the bodywork done
  • The other driver wasnโ€™t insured, and your uninsured motoristโ€™s policy only covered $10,000 of your $15,000 in damages.

Since every case is different, our East Point accident lawyers will still need to review your case. Whether or not youโ€™re entitled to damages is something your Georgia injury lawyer will determine after reviewing your information.

It All Depends on Whether You Suffered Actual Damages

Whether or not our Georgia injury attorneys would want to handle your case comes down to what it is worth. It also comes down to what they can prove. If your car accident injuries are minor or have already healed, it may not be worth anybodyโ€™s time to pursue legal action. If your claim is under $15,000 but there is ample evidence to prove your case, it may be something weโ€™d want to handle. Unfortunately, if our East Point accident lawyer doesnโ€™t see the value in the claim, we would likely pass. We would not want to unfairly get your hopes up by promising to get you damages. If we donโ€™t feel there is a good chance of your claim prevailing, we would not see the point in taking it further.

If Your Claim Has Merit, Our Georgia Injury Attorneys Can Help

Most East Point accident lawyers try to avoid filing suit if they can. Our goal is to settle our clientsโ€™ cases. This way, they donโ€™t have to spend the extra time and resources on a lawsuit. Plus, the insurance company doesnโ€™t want to go to trial. This is why small cases can be easy to resolve. It all depends, of course, on the facts of your case and the type of car accident injuries you suffered. Our Georgia injury attorneys meet with people on both sides of the spectrum. Some of our clients suffer tremendous injuries and it takes us years to settle their claims. Other clients come to us with nothing more serious than whiplash. In these cases, we try to settle the case quickly. It wouldnโ€™t make sense to sue for something this minor.

Your best option is to call our office and schedule your free, initial consultation with a Georgia injury attorney. This gives you a chance to sit down with a seasoned East Point accident lawyer. They know what to look for when it comes to evaluating a case. If they truly donโ€™t think you have standing to sue, theyโ€™ll let you know. The last thing they want to do is get anyoneโ€™s hopes up unfairly. However, if it seems like youโ€™re entitled to a significant amount in damages for your car accident injuries, we may be willing to represent you in court.

We recommend that you call us today so we can discuss your case. Since your initial consultation is free, it wonโ€™t cost you a thing.