Can a Georgia Attorney Change the Outcome of a Auto Accident?
There were 1,164 traffic fatalities in the state of Georgia in 2014, according to the National Highway Traffic Safety Administration. Two hundred and seventy-eight of those fatalities were related to alcohol impairment, while 213 were related to excessive speed. Of those fatalities, 364 were not wearing a safety belt. As the number of vehicles on America’s roadways continues to increase, it follows that more auto accidents will also occur.
In areas which are especially congested, the likelihood of being involved in an auto accident increase exponentially. In fact, across the United States, it is estimated that drivers average one auto accident every 17.9 years. While even minor fender benders are included in that statistic, if you drive, you have a fairly good chance of being in 2-3 auto accidents over the course of your lifetime.
If you have an experienced Atlanta personal injury attorney by your side who fully understands the intricacies of dealing with insurance companies, you have a much better chance of obtaining a positive outcome. The period following your auto accident is likely to be filled with stress and anxiety. Your injuries could be severe enough to prevent you from returning to work, and your bills could be piling up at an alarming rate. Evans Litigation and Trial Law brings a long history of success to the table, on behalf of each and every client.
Catastrophic Atlanta Car Accidents
Insurance companies are, by and large, indifferent to the fact that a car accident with resulting serious injuries has changed your life forever. Catastrophic injuries, which leave victims with permanent, life-altering injuries, deserve better than the system provides. Catastrophic injuries can require victims to have constant supervision or assistance, potentially undergoing a lifetime of surgeries, rehabilitation, and a never-ending stream of medical expenses.
Obviously, catastrophic injuries put extreme amounts of stress on the victim and the victim’s family. Time can be extremely limited for the victim of catastrophic injuries following a car crash. Evidence may be lost – or disappear – witnesses can relocate, and memories simply become less clear. A carefully prepared case not only identifies the liable party, but it clearly documents the impact that the accident had on all aspects of your life.
The Various Types of Atlanta Car Accident Claims
Negligence
A claim of negligence is generally the “backbone” of any lawsuit stemming from a car accident. While we may use the word “negligent” in everyday conversation, when it relates to a car accident, four distinct elements must be proven: (i) The plaintiff must show the negligent driver owed a “duty of care,” meaning that he or she was obligated to drive reasonably and safely. (ii) The plaintiff must show that the other driver breached that duty of care, and (iii) that breach caused the injuries sustained by the plaintiff. (iv) Finally, the plaintiff must clearly show that he or she was damaged or injured.
Manufacturer Liability
When your injuries are the direct result of a vehicle defect, your attorney may be able to file a claim against the manufacturer of your vehicle, the other driver’s vehicle, or the manufacturer of a specific vehicle part for manufacturer liability. You, as the plaintiff, must show that the vehicle was being operated in the manner intended, the vehicle’s performance had not changed since it was acquired, and that the defective vehicle or vehicle part was “unreasonably dangerous.”
Road Defects and Issues
Faulty road construction, road design or road maintenance may have been responsible for your car accident. Some instances of faulty road design include embankments, which are overly steep or improperly elevated, as well as poorly designed or placed guard rails, barriers, speed bumps, medians, or curves. Overgrown trees or bushes that block the view of oncoming traffic can also be responsible for car crashes.
Levels of Compensation That You Can Expect from Your Georgia Auto Accident Claim
The lost wages and loss of future income that you and your family would have received, had your career not been cut short by the negligence of another, will be accurately calculated by your attorney. Of course, each accident is different, with varying levels of injury; however, those who have suffered such serious injuries as the following could be entitled to extra damages:
- Paralysis
- Burns
- Scarring
- Injuries to the spinal cord
- Traumatic brain injury
- Loss of limbs
- Loss of vision
- Any disability which is considered permanent
- Damage to joints such as the knee or hip, as well as back, neck and bone injuries
- Wrongful death
If you are entitled to economic damages as a result of injury or death from your auto accident, those damages may include the following:
- Medical expenses
- Future medical expenses
- Lost wages
- Loss of future wages
Noneconomic damages can be much more difficult to prove, and can include:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Punitive damages
Types of Cases That Evans Litigation and Trial Law Can Help With
At Evans Litigation and Trial Law, our car accident attorneys can assist you with many different types of automobile accidents including rear-end, side-impact and sideswipe collisions, head-on collisions, rollovers, multi-car accidents, accidents caused by reckless or distracted driving, and accidents caused by a drunk or impaired driver. While television commercials portray car insurance companies as trusted friends who will “be there,” full of concern for your condition, and ready and willing to pay your medical expenses, the truth is, insurance companies are in the business of turning a profit.
For over 13 years, Alfred Evans has defended trucking cases, automobile cases, and premises cases. He has worked for the insurance companies, so he has great insight into the mindset of the insurance industry.
This means that you could be left, through no fault of your own, with serious injuries resulting in medical expenses that continue to mount, with no way to work and make a living – this can leave you in constant pain, with nowhere to turn. Evans Litigation and Trial Law will offer you skilled legal guidance, which will level the playing field against the almost-unlimited resources of insurance companies. Call us today at 1-470-232-0694 or fill out our confidential contact form for more information.
Atlanta Car Accident Lawyers FAQ
The following are common questions you may have about car accidents in Atlanta.
How Often Do Auto Accident Settlements Exceed the Policy Limits?
Auto settlements can exceed the policy limits, but only sometimes. The reason is Georgia’s driver’s insurance laws.
Georgia’s minimum coverage policy consists of the following requirements:
- $25,000 for bodily injury to or death of one person in an accident;
- $50,000 for bodily injury or death to two or more persons in an accident; and
- $25,000 for injury or destruction of property.
Many times, damages exceed the minimum coverage limit. If the driver you are suing has only the bare minimum coverage, you’re responsible for expenses.
You should also consider getting uninsured or underinsured motor insurance. This supplemental insurance can help recoup the damages that exceed the minimum coverage policy.
How Long Do You Have to See a Doctor After an Auto Accident?
While the law does not set a time limit to see a doctor after an auto accident, the sooner you see one, the better.
If you have severe or apparent injuries from an accident, such as obvious bleeding, lacerations, or burns, the paramedics will immediately transport you to the emergency room. Similarly, if you are unconscious, they will transport you to the hospital. Injuries that are mild but visible can be taken care of by the paramedics at the scene.
But sometimes, injuries are not visible or painful. So, car accident victims don’t seek medical attention right away. This can cause problems later for your health, the viability of your claim, and the ability to bring your claim.
Health issues
Lack of visible injuries or pain does not mean there are no injuries. Our bodies have a natural fight or flight response that kicks in during a traumatic or stressful event. In many instances, you may not feel the pain immediately, and symptoms might not manifest until days later. For example, you could be bleeding internally and not realize it until you fall unconscious from blood loss three days later. Severe complications, life-altering injuries, or death can result from delayed medical treatment.
Insurance issues
If you wait too long, insurance companies may be skeptical that the accident caused the injury. They will argue something else caused the accident. Your insurance company might also have a time limit for bringing a claim listed in your contract. If you wait too long, it will deny your claim.
Filing issues
Lastly, Georgia law allows you to bring a car accident claim within a specific time. You must bring the claim promptly to take advantage of your opportunity for recovery.
What Happens If Someone Else Is Driving My Car and Gets in an Accident?
It depends on the facts of the case and the insurance policy terms. Generally, insurance companies, not the negligent driver, compensate the car accident victim. And insurance follows the car, not the person.
Thus, your insurance company pays the damages if the person driving your car is at fault.
This unfortunate rule can cause your insurance rates to increase even though you did not cause the accident.
There are a couple of exceptions:
- No permission—if the person took your car without permission and caused an accident, your insurance would not cover the damages;
- Intoxication—if the person who took your car was under the influence of alcohol or drugs, the insurance company would not cover those damages; and
- Exclusion—your insurance company may explicitly exclude coverage for someone else from your insurance policy.
It’s essential to be vigilant and inquire about the specifics of your insurance policy.
How Much Money Can a Passenger in a Car Accident Get?
The compensation a passenger in a car accident receives depends on the individual facts of a case, including the following:
- Injury severity. The more severe the injuries the passenger suffers, the higher the treatment, rehabilitation, and continual care expenses. Thus, the higher the compensation.
- Employment income. Your injuries may prevent you from working full-time, force you to take a lesser-paying job, or prohibit you from working altogether. The greater the impact, the more compensation you may be entitled to.
- Legal representation. Having an experienced Georgia car accident attorney on your side increases your chance of securing fair and just compensation.
- Pain and suffering. Accidents can leave victims with emotional and psychological injuries. The greater the emotional and psychological suffering, the higher the possible compensation.
A passenger injured in a car accident can receive compensation for the following damages:
- Medical bills,
- Lost wages,
- Loss of earning capacity,
- Pain and suffering,
- Loss of enjoyment of life,
- Loss of consortium, and
- Emotional distress.
A passenger is generally not contributorily liable for an accident. However, it can happen. Keep in mind Georgia is a modified comparative negligence state. If the car passenger is found liable for the accident, their compensation will be reduced by their portion of the fault. Passengers cannot recover compensation if their fault is 50% or more.
When Is It Too Late to Get a Lawyer for a Car Accident?
It’s never too late to speak to a lawyer. A lawyer can put things into perspective and explain your legal options.
But, with or without a lawyer, you don’t have forever to bring a car accident claim. Georgia’s statute of limitations for personal injury claims, such as car accident cases, is two years. The claim starts to accrue on the day of the accident. Failure to file your claim by this deadline prevents you from pursuing your claim.
However, even though your two-year deadline has passed, you should still contact a lawyer. There are limited exceptions to the two-year statute of limitations. For example, if someone claims loss of consortium resulting from injuries in a car accident, the statute of limitations is four years. Our experienced lawyers understand these exceptions and can analyze your case to determine if you can still pursue your claim.