Car accidents can lead to devastating injuries, property damage, and financial burdens for accident victims. If you’ve been involved in a car accident in Alpharetta or anywhere in the metro Atlanta area, you may be entitled to compensation for your losses. A personal injury attorney can assist you in securing a fair car accident settlement.
At Horst Shewmaker, we are dedicated to helping accident victims navigate the legal process and recover the compensation they are entitled to under Georgia law. This blog will explain the types of compensation available after a car accident, the steps involved in filing a car accident claim, and the importance of legal representation.
Compensation in Georgia Car Accident Cases
Car accident compensation claims can cover a wide range of losses. If you’ve been injured in an auto accident, you may be able to claim the following types of compensation.
Medical Costs for Car Accident Injuries
Car accident injuries can lead to significant medical bills, including emergency care, surgeries, rehabilitation, and ongoing treatments. Georgia law allows accident victims to seek compensation for all medical expenses related to the accident, including future medical expenses if ongoing treatment is required for severe injuries.
An experienced car accident lawyer can help you calculate these costs and ensure all medical treatment is accounted for in your claim.
Lost Wages
If your injuries prevent you from working, you may be entitled to compensation for lost income. A car accident claim can cover both past lost wages and future earnings if your injuries result in long-term or permanent disability.
Vehicle Repairs or Replacement
Property damage is another significant aspect of car accident settlements. You have the right to seek compensation for the repair or replacement costs. This also includes the costs of towing, rental cars, or other transportation needs while your vehicle is being repaired.
Pain and Suffering
In addition to tangible costs like medical bills and lost wages, accident victims can seek compensation for non-economic damages such as pain and suffering. Pain and suffering damages account for physical pain, emotional distress, and decreased quality of life. Calculating these damages can be complex, and an experienced car accident attorney can help ensure that you receive fair compensation.
Wrongful Death
If a loved one dies as a result of a traffic accident, family members may file a wrongful death claim. This type of legal action allows families to seek compensation for funeral costs, loss of financial support, and the emotional toll of losing a loved one. An experienced auto accident lawyer can guide grieving families through this difficult process.
Punitive Damages
In cases where the at-fault driver’s actions were especially reckless, Georgia law may allow accident victims to seek punitive damages. These damages are intended to punish the at-fault party and serve as a warning to others. Punitive damages are rare in car accident cases but may be awarded in situations involving extreme negligence, such as drunk driving.
What If I Was Partially Responsible?
Georgia follows a modified comparative negligence rule, which means that if you are found partially responsible for the accident, your compensation may be reduced based on your percentage of fault.
For example, if you were 20% at fault, your total compensation would be reduced by that 20%. Therefore, if your damages amounted to $100,000, you would receive $80,000. However, if you are 50% or more at fault for the accident, Georgia law bars you from recovering any compensation.
Insurance companies often use comparative negligence to reduce the amount they pay accident victims. That’s why it’s essential to work with an experienced attorney who can show the other driver was responsible for the crash.
The Car Accident Compensation Claims Process
Understanding the claims process is key to securing the financial compensation you deserve. While the process may seem daunting, working with a skilled car accident lawyer can make all the difference.
Filing a Claim
The first step in the process is filing an insurance claim. In most cases, you will file a claim with the at-fault driver’s insurance company. Your lawyer will help you gather evidence, such as the accident report, medical records, and witness statements, to support your claim.
After a Georgia car accident, take pictures of the vehicles involved and any visible injuries. Make sure to exchange insurance information with the at-fault driver. This will be helpful when filing an insurance claim.
Negotiating with the Insurance Company
Once you file a claim, the insurance company will investigate the accident and determine liability. In many cases, the insurance company will attempt to settle the claim quickly and for less than it is worth.
Having an experienced attorney on your side is critical to securing a fair car accident settlement. Your lawyer will negotiate with the insurance company to recover compensation for your medical expenses, lost wages, property damage, and pain and suffering.
Filing a Personal Injury Lawsuit
If the insurance company refuses to offer a fair settlement, you may need to file a personal injury lawsuit. This legal action allows you to seek compensation through the court system. A car accident lawyer will file the necessary paperwork, represent you in court, and build a strong case to prove that the other driver was responsible for the accident and that you are entitled to compensation.
While many Georgia car accident cases are settled before they go to trial, it’s essential to have an experienced attorney ready to take your case to court if necessary.
Is There a Time Limit to File a Georgia Car Accident Lawsuit?
Georgia car accident claims are subject to a legal deadline known as the statute of limitations. Under Georgia law, accident victims have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you may lose your right to seek compensation for your injuries and damages.
For property damage claims, such as vehicle repairs, the statute of limitations is four years from the date of the accident. It’s important to note that certain factors, such as whether the at-fault driver was a government employee or if the accident involved a minor, can affect the time limit to file a claim.
To protect your rights and ensure you meet all legal deadlines, it’s crucial to contact an attorney as soon as possible after the accident. They will help you navigate the claims process and make sure that your case is filed on time.
How a Personal Injury Lawyer Can Help
Navigating the legal process after a car accident can be overwhelming, especially when dealing with serious injuries and mounting medical bills. A personal injury lawyer from Horst Shewmaker can help you at every step.
Building a Strong Case
A car accident lawyer will gather evidence, including medical records, police reports, and witness statements, to build a strong case on your behalf. They will also consult with medical professionals and accident reconstruction experts if necessary to establish liability and prove the extent of your damages.
Dealing with Insurance Companies
Insurance companies are primarily focused on protecting their bottom line, and they often try to minimize payouts to accident victims. An experienced car accident attorney can handle all communications with the other driver’s insurance company, ensuring that you don’t accept a low settlement offer. Your lawyer will negotiate for fair compensation that covers all your medical expenses, lost income, and other damages.
Representation in Court
If a fair settlement cannot be reached, your lawyer will file a personal injury claim on your behalf. They will guide you through the litigation process, represent you in court, and fight for the compensation you deserve.
Free Consultation
Many personal injury lawyers, including Horst Shewmaker, offer a free consultation to accident victims. During this consultation, you can discuss the details of your accident, your injuries, and your options. This is a great opportunity to learn how a lawyer can help you navigate the legal process and recover compensation for your injuries.
Contact Us Today
Car accidents are stressful and overwhelming. An experienced car accident lawyer can help you navigate the complexities of insurance claims and personal injury cases. At Horst Shewmaker, our legal team is dedicated to helping accident victims in Alpharetta and the Atlanta metro area.
If you or a loved one has been involved in a car crash, contact our office today for a free consultation to discuss your case. We’ll help you understand your rights, file a claim, and ensure you meet all deadlines to protect your right to compensation.
