Who has the power to bring a lawsuit on behalf of deceased family member?
If you have been injured in a car wreck that was not your fault, then you will be entitled to recovery from the at-fault driver or party.
As a general principle, if someone is negligent in their behavior or conduct and causes you to be injured, than under Georgia law, that person is obligated to compensate you for those injuries. Injury compensation can include medical bills, lost wages, and pain and suffering. This concept is going to be the same across the board, regardless of whether you are walking down the street, shopping at the grocery store, or driving in a vehicle.
If another person is negligent while driving, and as a result of that negligence, a wreck occurs, the at-fault driver is responsible to you for those injuries. For example, a driver can be negligent texting while driving, changing the radio station, talking on the phone, or otherwise not paying attention to what is going on in traffic.
As you can imagine, fault is going to be a key component of whether or not you will be allowed to be compensated after you’ve been injured in a wreck. If the car accident is the other driver’s fault, then he or she is obligated to compensate you. However, if no one is at fault, in other words, if there was nothing that could be done to prevent the wreck by any party, then you would not be able to seek compensation from the other driver. Also, if you are totally at fault, you obviously would not be entitled to compensation from the other driver.
Still, sometimes you may be able to get compensation when both drivers are at fault, meaning that both the other driver and you have some blame in causing the wreck. Under Georgia law, if the wreck is less than 50% your fault, you may still recover. In that instance, your recovery will be reduced by the percentage that you are at fault.
If you’ve been injured in a car wreck and you were not at fault, or the wreck was not completely your fault, then it is important that you speak with a car accident lawyer. The issue of fault will need to be argued and won before you will be able to recover. Please feel free to call and speak to one of our experienced car accident lawyers today. Our consultations are always free.
How do car accident insurance claims work?
Consumers pay automobile insurers premiums so that the insurance company will pay out in the event that there is a car wreck. The insurance company will step into the shoes of the parties to a wreck and either defend or pay out based on fault and damages. But how do claims actually work after an accident?
From a general standpoint, after you’ve been injured in a car accident there will be two separate insurance claims to worry about. The first type of claim will be a ‘property damage’ claim. Once you notify your insurance carrier that you’ve been in a wreck, then they will work on your behalf to get your car fixed. Generally, your insurance company will handle this with the at-fault driver’s insurance company. Property damage claims are easy to work out because your own insurance company will help you with having the car fixed or paying out if totaled.
The second type of claim that you’re going to have after being injured in a car wreck will be a ‘bodily injury’ claim. This type of claim will be made against the at-fault drivers insurance company. The goal of a bodily injury claim is to seek compensation from the at-fault driver’s insurance for any damages that you have suffered. Damages include money for medical bills, prescription medicines, lost wages, and pain and suffering.
Bodily injury claims are different than property damage claims because, in almost all instances, you will not have the help of your own automobile insurance company. Your own insurance company does not have to ‘step into your shoes’ for this. Because you will not get the help of your own insurance company for your bodily injury claim, it will be important for you to reach out to an experienced personal injury attorney.
If you or a loved one have been injured in a car wreck, and you do not know whether you should make a claim with your insurance company, then please, feel free to call and speak to our experienced Atlanta car accident lawyers today. Our consultations are always free.
How do car accident settlements work?
Under Georgia law, if another driver negligently causes a car wreck in which you are injured, then that driver is going to be obligated to compensate you for the damages caused. Damages include any past and future medical expenses, lost wages, and pain and suffering. That is the basis of personal injury law.
At the end of the day, only a judge or jury will have the ultimate final say on how much compensation is appropriate for a particular case. That is the basis of our civil justice system.
In Georgia courts, each party must pay their own attorney’s fees and expenses. This is why almost all car accident cases settle. The cost, both in time and expense, often eats into the value of the case. Even though the at-fault driver would ultimately get a verdict for a certain amount, the injured person’s expenses to see the final result would undercut the value. In other words, seeing it all the way through to verdict is taking money out of the pocket of the injured person.
So a car accident settlement works like this: The personal injury attorney representing the injured party makes a demand to the at-fault driver’s insurance company for a certain amount of money. This amount would represent the full case value or above. The at-fault driver’s insurance company will negotiate that amount and both parties will end up settling somewhere in between. The goal for the injured party is to achieve a settlement amount that represents the amount closest to a reasonable verdict estimate. When the parties cannot settle on a number, then a lawsuit will have to be filed in order to get a final resolution.
Basically, a car accident settlement is an exchange of money by the at-fault driver’s insurance for a promise by the injured party never to sue the at-fault driver for the injury. Car accident settlements are final and enforceable by Georgia courts.
If you or a loved one have been injured in a car wreck, and you have a question about how the settlement process works, then please, feel free to call and speak to our experienced Atlanta car accident lawyers today. Our consultations are always free.
Should I call the police after a car accident?
Whenever possible, it is very important to call the police after a car accident in which someone has been injured. Having the police respond to a car accident is crucial for several reasons.
First, the police officer’s job upon arrival is going to be to investigate how the accident occurred. Many times the police officer will look for witnesses, locate and document skid marks and vehicle damage, take pictures, and gather facts and statements from the parties. Often, the police officer will draw or diagram how the wreck occurred. All of this information will be compiled into a Georgia Uniform Vehicle Accident Report. This report may later be used to the advantage of the injured person in court, particularly any damaging statements made by the at-fault driver.
Perhaps more importantly, the police may assign fault based on the facts. Aside from investigating and issuing a report, the police officer may issue criminal citations if a traffic law has been broken. For example, it is likely that in a rear end collision, the police officer will it give the at-fault driver a citation for following too closely pursuant to O.C.G.A. 40-6-49. Again, this type of evidence will help the injured party in negotiations with the at-fault driver’s insurance.
Further, the ticket disposition, in other words, how the at-fault driver handles the criminal citation, may be beneficial for your case. For example, if the at-fault driver pleads guilty to the citation, that plea can be used in a future civil claim against that person.
It is important to note that a police officer can issue a police report whether the accident occurred on public property, like a city street, or private property, like a parking lot. Insist that the police officer issue a report.
If you or a loved one have been injured in a car wreck, and you have a question about how the settlement process works, then please, feel free to call and speak to our experienced Atlanta car accident lawyers today. Our consultations are always free.
Why would a car accident case go to court?
Under Georgia law, when another driver causes a car wreck that injures another, then the at-fault driver must compensate the injured parties for all damages caused. Recovery includes special damages, meaning any past and future medical expenses, and lost wages, and general damages, meaning pain and suffering. Seeking damages from an at-fault driver’s insurance is the basis for personal injury law.
But who determines what amount of damages that the at-fault driver should pay? Our civil justice system is going to make that determination, either through a jury verdict or by the judge in a bench trial.
Most cases settle prior to trial because it is often more advantageous to reach a settlement with the at-fault driver’s insurance than go through the court system. In Georgia, each pays their own attorney fees and expenses. Therefore, the cost in time and money will often chew up some of the injured person’s recovery. So for a hypothetical example, if the verdict is $100,000, but it cost $20,000 to try the case (think expert fees, deposition costs, etc), the injured party cannot request the extra $20,000 in most instances. At the end of the day, the injured party will have only the $80,000. So, seeing it all the way through to verdict may unnecessarily take money out of the pocket of the injured person.
A case only must go to trial for resolution if the parties cannot settle on a recovery amount. The personal injury attorney representing the injured person would generally only find it feasible to settle for a case that would somewhere between the estimated verdict amount less the estimated expense of time and money, factoring in the uncertainty of the trial process. The at-fault driver’s insurance company will attempt to do the opposite, paying out as little as possible in order to prevent a lawsuit. When the parties cannot settle on a number, then a lawsuit will have to be filed in order to get a final resolution.
There are many, many, other factors that go into settling a case, but this is a general outline. If you or a loved one have been injured in a car wreck, and you have a question about whether your case will go to court, then please, feel free to call and speak to our experienced Atlanta car accident lawyers today. Our consultations are always free.
Why hire a car accident lawyer?
There are several reasons why you want to hire a car accident lawyer if you’ve been injured in a car wreck. First, a personal injury lawyer is going act on your behalf. Principally, that means communication and correspondence with the at-fault driver’s insurance company and the at-fault driver attorneys. This is important because one of the first things that the at-fault driver’s insurance company will do is try and get a recorded statement from you over the phone. Having an attorney handle the communication on your behalf means that you won’t be put into a situation where you may say things that will hurt your case.
Also, a personal injury lawyer understands and can calculate case values. Because attorneys handle claims on a daily basis, they understand through experience the types of recovery that are commensurate with the damages that have been incurred. So, for example, personal injury lawyers can more easily identify the types of injuries to the types of verdicts and settlements that are common for that injury. This means that it is less likely for a case to be undervalued or underpaid.
Personal injury lawyers also have networks of medical providers that can provide care without upfront cost. This can be beneficial for clients without health insurance. Some medical providers work with the attorneys and work with the client on a lien basis, meaning that the medical provider will not request payment until after settlement of verdict.
Finally, car accident lawyers are statistically likely to improve case value. Numerous studies show that insurance companies pay out more on cases in which the injured person is represented by an attorney. It is only a myth that an attorney is going to take money out of the injured person’s pocket.
If you or a loved one have been injured in a car wreck, and you don’t know whether you should hire a lawyer, then please, feel free to call and speak to our experienced Atlanta car accident lawyers today. Our consultations are always free.
