QUESTIONS & ANSWERS

We realize that there are questions you have to make good decisions for yourself and your family.
Bush & Miller is here to help. Search our knowledge base, or submit a specific question.

 

 

Q
Why Should I Hire A Personal Injury Attorney?
A1. An accident can be financially draining.
You might experience high medical bills, hospital stays, funeral expenses, lost wages, or even costs associated with in-home care. By hiring an attorney such as Kaufman Law, we can help you obtain the compensation you deserve to cover these expenses.

2. Your attorney is your warrior.
Many people assume it is easy to communicate with insurance adjusters. This is not the case. Often times, insurance adjusters are not looking for your best interests–an attorney can be a liason with the insurance companies and ensure your rights are being protected while you are recovering. Attorneys also have a thorough understanding of tort law, which protects you should you be involved in an auto accident.

3. You may not realize when you are harming your case.
A post on social media, photos of the collision, or a recorded statement can be detrimental to your case. An experienced personal injury attorney will guide you through the process to ensure you aren’t doing anything to harm your own case.

4. You can focus on your family and your health, and leave the rest to us.
At Kaufman Law, our goal is to guide you through the process of pursuing your claim so that you can focus on getting well. Many of our clients have families and other obligations. When you hire a personal injury attorney, you are able to focus on your life, knowing that a trustworthy advocate is always there to protect you.

5. Personal injury attorneys provide a network.
A common question from our clients is, “How will you communicate with me about the progress of my case?” While the degree of communication varies between law firms, at Kaufman Law we are committed to keeping you in the know. By retaining an attorney, you will also have access to a wide network of trusted personal injury physicians. We frequently communicate with your doctors to ensure you are getting the highest quality treatment in metro Atlanta. With a high quality team, you can expect to acheive the highest settlement possible.

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Q
Should I Release My Medical Records To An Insurance Adjuster?
A1. Do not sign a medical records release form without consulting with your attorney.

During a case, the insurance company of the person being sued may want to obtain your records to use in court proceedings. The doctor’s office can deny this request, however, by obtaining your signature, account number, and other sensitive information, insurance companies will be able to acquire your medical record. Your attorney can request the records for you from the physician if you give written permission that is signed and dated. Always make sure to speak to your attorney before giving out any information to an insurance company.

2. Know HIPAA guidelines and privacy standards.

Each state has specific standards for acquiring and maintaining your medical record. Georgia’s HIPAA Privacy Rule sets standards for records across the state, and also requires providers to keep your record for a certain period of time. If the plaintiff is deceased, the executor of his/her estate may access the medical record on their behalf.

3. Know when you need to release medical records.

There are a few advantages to having all medical records relating to a personal injury case. Your attorney can keep an organized file for you and submit the records to the adjuster to reach the highest possible settlement. Medical records allow both sides to assess your physical injuries and the viability of a particular case. It also helps to calculate damages sustained by the injured person. For medical malpractice cases, medical records allow us to determine whether doctors exercised reasonable care.

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Q
How exactly does attorney client privilege work?
AAttorney client privilege takes effect as soon as you speak to a lawyer about your case. Anything that you talk about with that attorney concerning your alleged crime is considered privileged information. He or she is not allowed to speak to anyone else about the details of your case without your permission. No conversation between you and your lawyer can be used against you by any member of the prosecution, which is why it is crucial that you provide all of the facts.

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Q
WHAT ARE THE DUI PENALTIES IN GEORGIA?
A

First Offense DUI Penalties

  • $300 – $1000 Fine
  • 10 days to 12 months in jail with at least 24 hours actually being served
  • 12 months probation
  • a minimum of 40 hours of community service
  • Drivers license suspension of 12 months with the possibility of a work permit after 120 days if you complete an approved Georgia DUI course and pay additional fees

Second Offense DUI Penalties

  • $600 – $1000 Fine
  • 90 days – 12 months in jail with at least 72 hours being served
  • 12 months of reporting probation
  • 240 hours of community service
  • DUI School
  • Mandatory Alcohol Evaluation and Treatment
  • Driver license suspension for 3 years with no permit allowed for 12 months
  • Your picture will be published in the local newspaper with a photograph
  • Any cars you own or operate will be required to have an ignition interlock system installed at your expense when you are able to obtain a permit

Third and Subsequent DUI Penalties

  • $1000 – $5000 fine
  • 120 days to 12 months in jail with at least 72 hours being served
  • 30 days of community service
  • DUI School
  • Mandatory Alcohol Evaluation and Treatment
  • Driver license suspension for 5 years
  • Your picture would once again be published in the local newspaper with a photograph

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Q
What should I do if I’m arrested? What should I not do?
A

DO: Understand and know your rights.

DO: Call an attorney. You have a right to an attorney, and having one to fight for you, even in these initial stages, will do you a lot of good.

DON’T: Do not volunteer information to the officer that you don’t need to.

DON’T: Do not allow the officer to search your vehicle without your consent.

A lot of times we have clients that will basically have great cases, but when we start reading the police report, they allowed the officer to search the vehicle, volunteered information to the officer, or admitted to things that they shouldn’t have.

DON’T: Do not speak to the police without an attorney.

If the police officers ask for your name and things of that nature, go ahead, but don’t say anything that can be used against you. You’ve likely heard such advice numerous times via movies and TV shows, but it is accurate advice.

The only thing that’s going to stop police officers from insisting on answers to their questions is saying that you have an attorney or that you want an attorney. At that point, they have to stop questioning you.

DON’T: Do not say anything to incriminate yourself. Don’t try to come up with a story that’s not truthful.

The best thing to do is just tell police officers that you don’t want to say anything. Many think they can talk their way out of the charge.

If you’re a suspect of a crime, then you should also not speak to the police officers.

Oftentimes we get cases where people are “a person of interest.” Even in that situation, you should contact an attorney to make sure you do not incriminate yourself.

When people call us, we at the very least act as the liaison for them with the police, and guide them through the process. We can be of service to you even if you have not been arrested.

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