When Does a Car Accident in Atlanta Require Legal Representation?
Hoffspiegel Law Blog
If you have been injured in an Atlanta car accident, you have nothing to lose by talking to an experienced car accident attorney. During a free consultation, a car accident lawyer can listen to your story and explain your legal rights. So if you intend to file a claim for a personal injury, it is always best to seek legal assistance from an attorney qualified to practice Georgia law.
We hope insurance companies will protect our rights after a car accident, guide us through the claims process, and provide us with a fair settlement. Sadly, that is unlikely to be the case. The insurance company is looking out for its bottom line, not your best interests. On the other hand, Georgia personal injury lawyers fight hard for fair compensation for car accident victims and are solely focused on securing the best outcome for you.
This post will explore when it is time to seek legal representation and how a Georgia car accident lawyer can help build a strong case for a fair settlement.
The Complexities of Atlanta Car Accidents
If you regularly drive around Atlanta, you know that its roads can be very hectic. They are heaving with commuters, commercial vehicles, and vacationers. Public transportation options are more limited than in some other major cities, meaning more Atlanta residents drive to work each day, adding to the congestion and increasing the hazards.
Tragically, Atlanta is no stranger to devastating car accidents. According to the Georgia Department of Transportation (GDOT), 21 people lost their lives on Atlanta’s Roads in 2022. Additionally, there were 104 suspected serious injuries resulting from 64 crashes.
Car accidents are rarely straightforward. If you go it alone, it would be very easy to get bogged down in complex issues that make it hard to receive fair compensation.
Situations That Require Legal Representation
A minor car accident that only causes property damage and no injuries may not require legal representation. However, if your case is complex or falls into one of the following categories, a car accident attorney is best placed to help you seek compensation and justice.
Severe injuries
If your accident has left you with catastrophic injuries, it is more important than ever to hire legal representation.
Your losses are likely to be much greater and may include:
- Medical bills: Expenses for extensive medical treatment, including hospital visits, surgeries, physical therapy, medication, and other medical care.
- Lost wages: You may require extensive time away from work as you recover. If you are now permanently disabled, you may be unable to do the work you did before. You may have decades of your working life ahead of you and require compensation to make up for that.
- Long-term care costs: If you now require caretaker support, it is important to recover compensation to pay for these ongoing expenses.
Catastrophic injuries also cause many losses that are hard to put a dollar figure on.
Catastrophic injuries may include:
- Emotional distress
- Physical pain
- Loss of enjoyment in life
- Loss of normal marital relationship (known legally as loss of consortium)
To get justice, you need a Georgia car accident lawyer to carry out a thorough investigation of your accident and the full extent of your injuries. Your attorney may work with accident reconstruction experts, medical and financial expert witnesses, or a life care planner who can speak to your future medical and care needs.
This information, along with your medical records, witness statements, police reports, and other forms of evidence, can be used to build a strong case for fair compensation.
Fatalities
Losing a loved one in a car accident is something no one should ever have to endure alone. Whether the car crash was the result of drunk driving, distracted driving, or other negligent behavior, a personal injury lawyer can guide you through the legal process and help you pursue the compensation your family needs to rebuild their lives.
A wrongful death attorney could help you prove the other driver’s negligence was the cause of the accident and calculate the impact of your loved one’s death.
This may include pursuing compensation for the following:
- Funeral and burial costs
- Lost wages and loss of future earnings
- Pain and suffering
- Medical expenses
- Loss of marital relationship and support of spouse/parent
Insurance adjusters are not invested in ensuring your family receives fair compensation – personal injury lawyers are. Let a skilled personal injury lawyer guide you through the Georgia legal system and fight for a fair settlement that can get you and your family back on your feet.
Disputed liability
To build a strong case for fair compensation, a personal injury lawyer must prove the other driver or drivers are liable for the accident and, therefore, owe you compensation.
Questions of liability often arise after multi-vehicle accidents. Your car accident lawyer must understand how each driver’s actions or negligence contributed to the crash. He or she must also work with multiple insurance companies, who may all try to shift the blame and limit their driver’s liability.
Building a strong case that will stand up in negotiations or the courtroom requires a thorough investigation. Car accident lawyers must examine multiple pieces of evidence and possibly work with accident reconstruction experts to gain a clear understanding of what happened. An experienced car accident lawyer can counteract insurance company tactics and skillfully negotiate a fair settlement for your injuries.
Complex liability
When two ordinary cars collide, determining liability may be simple. However, if your accident involves any of the following vehicles, determining who is liable may quickly become a nightmare.
Potentially liable parties include:
- Government-owned vehicles
- Commercial trucks
- Cases involving defective auto parts
For example, if you get into a car crash with a local or state government vehicle in Georgia, there are special rules and procedures that you must follow. If your accident involves a federal government vehicle, the rules may be different again. You could forfeit your chance to recover compensation if you do not follow the correct procedures.
It is crucial to talk to an Atlanta car accident attorney as soon as possible after your accident and provide full details of what occurred. Your lawyer can guide you through the legal complexities of commercial and government-owned vehicle accidents and give you a better chance of securing the compensation you deserve.
When you are partially liable
You may be worried that an investigation will uncover that you were partially liable for your accident. Depending on the circumstances, Georgia law may still allow you to recover compensation.
Georgia follows the modified comparative negligence rule. This allows car accident victims to seek compensation even if they were partially responsible. However, the compensation you can receive will be reduced by your percentage of fault. Georgia law also states that you can only recover compensation if your fault is less than 50 percent.
For example, if you were 25 percent liable for your accident, you would still be entitled to pursue compensation from the other driver or drivers. If the total compensation would have been $100,000 had you not been liable, your compensation would be reduced by 25 percent to $75,000.
The takeaway? Even if you are partially to blame for your accident, seek legal assistance. An experienced car accident lawyer may be able to explain legal avenues such as the one above that are still open to you.
Uninsured and underinsured drivers
The Insurance Information Institute (III) estimates that 18.1 percent of Georgia drivers were uninsured in 2022. Additionally, many drivers are likely underinsured, meaning that the policy they have is not sufficient to cover an accident involving serious injuries or death.
Currently, 20 states and the District of Columbia require motorists to purchase uninsured and underinsured motorist coverage. Georgia is not one of them, but it is a good idea to purchase this coverage as an optional extra.
If you get into an accident with an uninsured or underinsured driver, it can be very challenging to recover compensation. You may be able to sue the at-fault driver personally, but he or she may not have the funds to settle your claim. A car accident lawyer may be able to help you explore other legal avenues that could result in maximum payout.
What an Atlanta Car Accident Lawyer Brings to the Table
When you choose to hire an Atlanta car accident lawyer, you are getting more than someone to handle the claims process for you.
The benefits of working with an experienced personal injury lawyer include:
- Comprehensive case evaluation: Benefit from his or her years of experience as they identify aspects of Georgia law that may help you secure a more substantial settlement. Your lawyer’s knowledge of statutes of limitations and special rules that apply in certain cases will sidestep mistakes that could limit your chances of receiving fair compensation.
- Thorough investigation: Car accident lawyers have the skills and resources to get to the heart of your case. They may uncover other legal avenues they can explore for compensation and work with experts to build a strong case for a fair settlement.
- Negotiation skills: Negotiating fair compensation can be a bruising process. Insurance companies use many tactics, including delaying and denying claims to try to stall the process or pay as little as possible. An experienced car accident attorney can leverage his or her experience on your behalf to negotiate a fair settlement.
- Fight in court: If it is impossible to settle out of court, your personal injury attorney can advocate for your rights at trial. Having a Georgia legal advisor on your side could make the difference as you fight for the damages you need to rebuild your life.
Hiring an Atlanta lawyer is almost always the right decision after a car crash. However, make sure you choose the right law firm to represent you.
Time to Talk to The Hoffspiegels
The legal warriors at Hoffspiegel Law understand that the aftermath of a car crash can be a distressing and confusing time. It can be hard to know who to trust, especially when insurance companies are only looking out for their own interests. That is why it is crucial to talk to a car accident attorney at Hoffspiegel Law as soon as possible after your accident.
Car accident cases are one of our primary areas of focus. Our reputation precedes us, since we have secured multiple seven-figure settlements for car accident victims. We always work with a small number of clients, so you get the personal attention you need as we fight for justice on your behalf.
Now is the time to pick up the phone and talk to one of our car accident lawyers. Call us at (762) 315-4621 to schedule a free consultation, or send a message on our contact page, and we will call you back very soon.
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