On this page we will describe the duties of a car accident attorney, specifically, an Atlanta car accident attorney. If you were in a car accident that another person caused, Georgia law allows you to hold the “at-fault” driver responsible for your injuries and financial damages. A car accident lawyer in Atlanta can help you get compensation. This includes medical bills, lost wages, and even your pain and suffering. The following information will help you know what to look for in an Atlanta auto accident attorney.
An Atlanta auto accident attorney from Bader Scott Injury Lawyers can not only help you file your claim with the car insurance company, but they can also pursue a fair settlement on your behalf that covers all losses and expenses related to any personal injury related to your car accident. A Bader law firm car accident lawyer can settle most claims without going to court. The Bader law firm will file a lawsuit for you if the insurer is not offering a settlement that covers all of your damages.
Call 678-562-5595 for your free case evaluation, and receive a copy of our free book. This book includes everything You Need to Know After Your Georgia Car Accident. Get the book and learn how you’ll benefit by choosing an experienced Atlanta car accident attorney.
How Does the Auto Accident Claims Process Work in Georgia? Atlanta Car Accident Attorney Explains
There will likely be two separate claims: one for property damage and one for injuries. The processes are different.
You can usually handle your property damage claim yourself. After you make the property damage claim with the other driver’s insurer, expect a call from the property damage adjuster. The adjuster will evaluate your claim and work with the body shop to estimate the repair costs. The insurer usually pays the body shop directly for repairs.
We recommend working with a Atlanta car accident attorney for your automobile injury claim.
The injury claims process and how a car accident attorney can help:
- Open insurance claims: An Atlanta car accident attorney from our firm will review all available insurance to identify which types of claims to open (e.g., liability claim against the other driver, first-party MedPay coverage, uninsured motorist coverage).
- Demand letter: We will draft a letter to the car insurance company describing the accident and your injuries. It will contain photographs, medical records, billing statements, and more. The adjuster will then review the demand letter.
- Make a statement: If the car insurance adjuster asks you for a recorded statement, do not agree to give it until you speak with a lawyer. We can prepare you for the statement. We may even be present with you on the phone when you give the statement.
- Negotiate settlement: The car insurance adjuster will make a settlement offer, which we will evaluate to determine if it covers your physical, emotional, and financial damages. We will negotiate until we arrive at a fair settlement agreement.
- File lawsuit: If we cannot reach a fair settlement with the auto insurance company, we will file a lawsuit and take your case to court seeking a fair judgment.
Want to know more about the car accident claims process? Call us at 678-562-5595 to set up a consultation with a lawyer. We will review your automobile accident and injuries to provide case-specific answers to your questions.
How Can an Atlanta Car Accident Attorney Help With My Case?
Negligence and fault are the keys to any car accident liability claim. To establish the other driver’s negligence and fault for the wreck, we need to prove these two things:
- The defendant acted negligently by driving in a careless or reckless manner. Some common types of negligent driving include:
- Running a red light
- Aggressive driving
- Texting and driving
- Drunk driving
- Changing lanes without looking for other vehicles
- Failure to yield to other vehicles.
- The defendant caused the crash. We may prove the defendant was texting and driving. Or learn another reason that distracted him and caused him to run into the back of your vehicle
Our Atlanta car accident attorney at Bader Scott Injury Lawyers handles your case by first collecting all available evidence. This enables us to build a claim that proves the other party’s negligence and fault.
Collected evidence of fault may include:
- Police reports
- Eyewitness interviews
- Pictures and descriptions of the scene
- Your medical records
- Accident reconstruction testimony
- Expert medical witness testimony
Evidence retrieved to prove the value of your case includes:
- Copies of your medical bills
- Receipts of out-of-pocket costs
- Bills related to other healthcare costs
- Estimates of ongoing nursing care
- Expert assessments about future care needs
- Documentation of lost wages
- Evidence to support your pain and suffering damages
We also need to be aware of Georgia’s modified comparative fault law. If the insurance company says you are partially at fault for the wreck, it will reduce your compensation. They will do this propitiately to your percentage of fault. (E.g., if you were 10 percent at fault and suffered $50,000 in damages, your settlement would be $45,000.) Some automobile insurance companies may find it convenient to blame you for the accident. Your Bader Atlanta auto accident attorney will stand up for you. He will retrieve and present proper evidence to the court. This will reduce or completely refute any allegation of partial fault.
Talk to an Atlanta Car Accident Attorney For Free
If you were the victim of a car crash, we can help you recover the money you need and deserve. We do not recommend handling your injury claim alone, especially if you suffered severe injuries. Not only will we fight for the compensation you deserve, but we will protect your rights by managing all communication with the insurance company.
A severe car accident can feel like an uphill battle for months or even years. This is true especially if your bills continue to stack up due to losing work time. At Bader Scott Injury Lawyers, our Atlanta car accident attorney specialists can help you. At a minimum we can hold the negligent driver responsible for the damages they caused. We will fight for the full compensation you deserve.
Auto Accident Attorney Atlanta – Car Crash Statistics
Car accidents are a common occurrence in Atlanta. Anyone that gets into a car accident is certainly better off with an Atlanta car accident attorney. Even if you drive safely, you could still be involved in a car accident. An Atlanta auto accident attorney offering you advice offers peace of mind. Not only that, you can rest assured that our law firm will help mitigate emotional, physical, material, and mental damages from which you suffer.
Statistically speaking, the odds of having a car accident in Atlanta are against you. Atlanta traffic can be horrendous. So many people drive a 2,000+ pound “metal box”, know as an automobile, Sharing the same road with them puts you in jeopardy of a car crash no matter how safely you drive. You can’t control another person’s poor driving habits.
According to car insurance companies, the average driver will get into 3 to 4 car accidents in a lifetime. This can run the gamut from fender benders to major, catastrophic accidents. It doesn’t matter who causes the accident, either. If you live in the Atlanta area chances are high you will need an Atlanta car accident attorney. That being said, be sure to choose the car accident attorney in Atlanta that will help you get the settlement you deserve. Make the call to a Bader car accident lawyer to handle your case.
Do I Really Need a Atlanta Car Accident Attorney?
If you get into an accident in Atlanta, call 911 and then contact a experienced Bader Atlanta car accident attorney. This can prove to be extremely important as your case move along.
Car accidents are common in Atlanta and result in not only injuries, but can in some instances result in a crime. Therefore, there is always a legal aspect to a car accident, and having legal counsel helps to ensure that you get the best possible outcome out of a bad situation. It’s worth noting that retaining a lawyer doesn’t mean that you’ll have go to court. On the contrary, often your Atlanta car accident attorney can represent you without your presence.
One obvious benefit an Atlanta car accident attorney offers you in an Atlanta car accident is obtaining legal representation under laws specifically related to Atlanta. Most people are understandably jarred after an accident. They’re not in a place where they can assess the situation calmly and discuss matters in a rational way. Having a lawyer represent you if you’re injured allows you to focus your energy on healing rather than paperwork.
There are many things that must be done after an accident, and mistakes can be costly. A car accident lawyer can offer invaluable advice. And and mentioned above, your car accident attorney can step in and speak for you. Then can be priceless when you’re put under pressure by your insurance company or by the other parties involved.
In What Specific Ways Can An Atlanta Car Accident Attorney Help After An Auto Accident?
A car accident lawyer in Atlanta can certainly help you file a lawsuit and represent you in court. Furthermore, a good car accident lawyer, regardless if it is a car and pedestrian accident, a motorcycle accident, or a truck accident, can help you get what is due to you. Specifically, a car accident attorney lawyer can help you with:
- The accidents claims process
- Filing a claim and pursuing it in court
- Negotiating a settlement
The Accidents Claims Process
You’ll have to file a claim with your car insurance company. However, this isn’t any ordinary paperwork. What you write is very instrumental to how your insurance company will determine your liability and for how much they will settle. You want to be very careful when filling out your accident claim. You don’t want to accidentally misrepresent what happened or write something that could be construed as an admission of guilt. This is where a qualified car accident attorney can be especially beneficial to the amount of settlement you receive.
Filing A Claim And Pursuing It In Court
Contrary to popular belief, you can’t sue anyone for anything, go to court, and hit the “jackpot”. Trials are long, lengthy processes that most people undergo because they have to do it. Insurance may not cover everything, and victims are left to cover the expenses themselves. They may have lost their jobs due to an inability to work and/or the loss of a reliable vehicle. They may be disabled now and unable to work. Many who sue have not only medical bills they can’t pay, but mortgages and other financial obligations they can’t pay because of the sudden expense stemming from the car accident. Unfortunately, some plaintiffs are even close to bankruptcy by the time they file suit.
Negotiating A Settlement
A Bader Atlanta car accident attorney knows how to properly file a claim and manage litigation. Your lawyer can help you determine if filing a claim is in your best interest because sometimes, it’s better to settle out-of-court. 95% of all claims actually do settle out of court. While it may mean taking less of an award than a jury might offer, a pre-trial settlement comes without having to subtract from it the high legal costs of a trial. A car accident lawyer can negotiate for you to get you the biggest settlement possible. They will do the research to ensure that you go into the negotiation with the best bargaining position you have.
What Has To Be Proven To Get Damages From The Other Party?
In order for an Atlanta car accident attorney to succeed on a claim in court, the lawyer must show facts that prove all the elements of a legal violation. Many car accidents, for example, are not intentional. One driver didn’t actually want to hit the other. The accident occurred because one or both drivers were negligent. Thus, a plaintiff will have to show facts that the defendant acted negligently. These facts have to show that all the elements of negligence were met by a preponderance of evidence.
The Elements of Negligence Are:
- Duty: an obligation to do something for someone else
- Breach of duty: not doing the obligated thing
- Damages: someone or something was harmed because of the breach of duty
- Cause: the injury was a reasonably foreseeable harm due to the breach of duty
For example: a car driver who texts while driving and hits another car is negligent. The driver had a duty to watch where he was going but he failed to do so. He hit another car. It was reasonably foreseeable that if he was driving while looking down at his phone and texting that he could hit another vehicle.
However, not all automobile accidents are negligence. Road rage, for example, is not negligence because it’s intentional. It may be assault, battery, or both. An Atlanta car accident lawyer will listen to your side of the story. Then the a take the relevant facts, and determine which cause of action (negligence, or otherwise) best explains what happened to you. Then, they’ll determine if you have a claim for a lawsuit.
But What If The Accident Is “Sort Of” My Fault?
Most Atlanta car accidents are never 100% any party’s fault. Depending on the state of the accident is litigated, parties may be judged based on a contributorily negligence rule or comparative negligence rule. This matters because it affects the plaintiff’s ability to collect damages.
Georgia is a comparative negligence state. Concerning comparative negligence, a party can still recover even if they’re somewhat at fault. The award is lowered, however, by the amount they’re liable. For example, if a plaintiff is found 30% liable for her injuries, her award is lowered by 30% to reflect her fault. An Atlanta car accident lawyer can help you figure out how comparative negligence affects your chances of winning in court. In addition, the attorney can also inform you of the chances of having a more successful settlement negotiation.
What damages can I get?
Damages are money a civil court awards a party to help make them whole. Damages for a car accident usually include nominal damages, actual damages, and punitive damages. They may also include legal costs and restitution.
- Nominal damages are very small, sometimes just a dollar, if anything. They essentially “name” the plaintiff the victor and signify that the plaintiff prevailed.
- Actual damages are compensatory. Actual damages pay the plaintiff back for what they actually lost. They’re the real monetary cost of the harm done. These include things like lost wages and medical bills.
- Punitive damages punish the defendant. Juries award this if the defendant’s behavior was especially callous or malicious. Punitive damages may also be awarded to deter others from engaging in the same conduct.
- Legal costs are the costs of preparing for and going to court.
- Restitution is rare in a car accident case. It compensates for a specific thing that was lost or taken. For example, if the plaintiff’s $6,000 violin was smashed in a car accident, the defendant would have to replace it.
No one wants to be in a car accident! Moreover, no one wants to be hurt twice because of a car accident. Car accidents can leave permanent injuries and psychological trauma, in addition to many expenses. If you experienced a car crash in Atlanta, don’t leave your future to chance. Be sure to hire a qualified car accident lawyer in Atlanta. A good Bader car accident lawyer will ensure that you get the compensation you deserve. His efforts will let you can go on with life as normally as possible.
If you suffered any automobile accident injuries, and require the services of an Atlanta car accident attorney call the Bader law firm at 678-562-5595 today for your free case evaluation.