At Horst Shewmaker, we are a team of experienced personal injury attorneys dedicated to advocating for those harmed by negligence. With over 30 years of combined experience, we handle cases involving car accidents, truck accidents, motorcycle accidents, and more throughout Georgia. Our commitment is unwavering; we are not just legal representatives but compassionate allies who deeply understand the complexities of your case.
After a car crash, accident victims often face mounting medical bills, lost income, and lasting pain. Understanding what affects the value of a car accident compensation claim is essential to protect your financial recovery. In Georgia, several key factors determine how much compensation you may receive for your injuries, property damage, and emotional distress. Insurance companies will not automatically offer a fair settlement, which is why preparation and legal guidance matter.
In this blog, we explain the key factors that can affect your car accident compensation and why working with an experienced Augusta car accident lawyer is important for building a strong injury claim and securing a fair settlement.
Severity of Injuries and Type of Medical Treatment Required
The seriousness of injuries and the kind of medical treatment received are two of the most important factors in determining car accident compensation.
More Severe Injuries Increase Car Accident Compensation Claim Value
Injuries that cause long-term damage or permanent disability lead to higher compensation. Accident injuries like spinal cord injuries, traumatic brain injuries, fractures, or internal damage often result in greater medical costs and lost income.
These cases also include claims for non-economic damages such as pain and suffering and emotional distress under Georgia law O.C.G.A. § 51-12-7. Car accident victims with severe injuries are more likely to receive higher settlements due to the impact on their quality of life.
Ongoing and Future Medical Treatment Matters
Compensation includes not only current medical bills but also future medical expenses. This may involve surgeries, physical therapy, rehabilitation, or long-term care. Insurance companies consider the full scope of medical treatment when evaluating car accident compensation claims. An experienced car accident attorney will help ensure all future medical costs are accounted for in the claim.
Medical Records Are Critical Evidence
Detailed medical records help prove the injuries sustained and connect them directly to the car crash. These records show the type of medical care required and help support car accident compensation claims for both economic and non-economic damages. Experienced lawyers use these documents to prove the injured party’s need for fair compensation.
Treatment Gaps Can Hurt Your Case
Delays in getting medical care or gaps in treatment can reduce the value of a car accident case. Insurance companies may argue that the accident did not cause the injuries or that they were not serious. Accident victims should seek medical care immediately and follow all treatment plans to protect their right to recover compensation.
Degree of Liability and Evidence of Negligence
The amount of car accident compensation often depends on who was at fault and how clearly that fault can be proven.
Georgia Follows Modified Comparative Negligence
Under O.C.G.A. § 51-12-33, Georgia uses a modified comparative negligence system. If the injured party is 50% or more at fault, they cannot recover compensation. If they are less than 50% at fault, their compensation is reduced by their percentage of fault. This makes proving liability a key part of any car accident compensation claim.
Clear Evidence Increases Claim Value
Insurance companies rely on evidence to decide fault and claim value. Useful evidence includes police reports, photos from the car crash scene, eyewitness statements, and traffic camera footage. Accident victims who can show strong proof that the other driver caused the accident are more likely to receive a fair settlement.
Negligent Driving Behaviors Strengthen the Case
Common forms of negligence include distracted driving, speeding, running red lights, and DUI accidents. These actions show that the defendant breached their duty of care. When an attorney can prove that the accident resulted from clear negligence, the chance of a higher settlement increases.
Expert Help Makes a Difference
An experienced car accident lawyer will know how to gather and present evidence to show liability. This includes working with accident reconstruction experts and securing witness testimony. Proper legal support ensures the injured party has the best chance to recover damages for medical expenses, lost wages, and other losses.
Impact on Income and Earning Capacity
Car accident compensation often reflects how the accident affected the injured person’s ability to work and earn income.
Lost Wages Add to Economic Damages
If accident victims miss work while recovering, they can claim lost wages. This includes regular pay, bonuses, tips, and other income. Medical records, employer statements, and pay stubs help prove the time missed and the income lost. These losses are considered part of the economic damages in a car accident compensation claim.
Reduced Earning Capacity Can Raise Claim Value
When serious injuries cause long-term disability or limit the ability to work, the injured party may also claim lost earning capacity. This refers to the income they would have earned in the future. Spinal cord injuries, brain injuries, and other permanent damage can lead to high compensation amounts due to this ongoing financial impact.
Job Type and Career Path Matter
The value of lost income depends on the person’s job role, career stage, and future potential. A younger worker with long-term injuries might face a bigger loss than someone nearing retirement. An experienced car accident attorney may work with economists or vocational experts to calculate this accurately.
Proof of Income Loss Strengthens the Case
Accurate financial records make the car accident case stronger. These include tax returns, pay records, and documentation from employers. Insurance companies will review these documents during settlement negotiations to decide how much compensation is fair.
Available Insurance Coverage and Policy Limits
The amount of available insurance coverage often sets the upper limit on how much car accident compensation a victim can recover.
Insurance Policy Limits Cap Compensation
Even if accident injuries are severe, insurance companies will not pay more than the policy allows. In Georgia, the minimum required liability coverage is $25,000 per person and $50,000 per accident, according to O.C.G.A. § 33-7-11. If damages exceed these limits, accident victims may need to explore other sources to recover compensation.
Uninsured and Underinsured Coverage May Help
If the at-fault driver has no insurance or not enough coverage, victims can turn to their own uninsured or underinsured motorist policies. This type of insurance helps cover medical expenses, lost wages, and other damages when the other driver cannot. A lawyer can help identify and use all available policies.
Multiple Policies Can Increase Recovery
Some drivers have umbrella or commercial policies that offer more coverage than standard limits. This is common in truck accidents or cases involving company vehicles. An experienced attorney can check all possible policies to seek fair compensation for the injured party.
Insurance Companies Will Try to Minimize Payouts
Insurers often offer quick settlements for less than what the case is worth. Without legal guidance, car accident victims may accept a payout that does not cover future medical expenses or lost income. A car accident lawyer can handle settlement negotiations and push for maximum compensation.
Quality of Legal Representation and Case Preparation
The strength of a car accident compensation claim depends heavily on the lawyer handling the case and how well it is prepared.
Experienced Lawyers Improve Outcomes
An experienced car accident attorney understands Georgia law, knows how to deal with insurance companies, and builds strong cases. Most car accident lawyers work on a contingency fee, meaning they only get paid if the injured party recovers compensation. This motivates them to pursue the best possible result.
Case Preparation Is Key to Fair Car Accident Compensation
Thorough case preparation includes collecting medical records, accident reports, proof of lost wages, and expert opinions. A well-prepared case presents clear evidence of injuries sustained, liability, and damages. This helps the legal team negotiate from a position of strength during settlement talks or in court.
Legal Strategy Impacts Claim Value
A strong legal strategy includes accurate damage calculations, knowledge of policy limits, and readiness to go to trial if needed. Attorneys who prepare for trial, even if a settlement is likely, often achieve better results. Insurance companies take car accident compensation claims more seriously when the injured party has skilled representation.
Victims With Lawyers Recover More
Accident victims who work with a qualified legal team typically recover more in financial compensation than those who go it alone. This includes compensation for medical treatment, lost income, pain and suffering, and future expenses. A focused legal approach increases the chances of a fair settlement or court award.
Want to Maximize Your Car Accident Settlement? Contact Horst Shewmaker Today!
If you’ve been injured in a car accident and want to understand the full value of your car accident compensation claim, contact our team at Horst Shewmaker. Our experienced attorneys are ready to review your case, deal with the insurance companies, and help you pursue the compensation you deserve.
Contact us at (404) 400-1175 for a free claim review today!
