After suffering a car accident in Peachtree Corners, a lawyer from our team may be able to help.
Victims in Georgia have a right to pursue compensation for injuries someone else caused. If you were hurt in an incident in which another driver was at fault, we can help you recover a number of your losses, including your medical costs. While monetary awards may not undo the challenges you experienced, financial compensation may help you recuperate and move forward.
Injuries and Losses Common in Car Accidents
Injuries from car crashes can range from mild to moderate bruising to debilitating ailments. Even seemingly moderate car accident injuries such as whiplash can lead to long-term complications, according to the Mayo Clinic.
You may be experiencing:
- Traumatic brain injury (TBI)
- Internal bleeding
- Back injuries
- And more
Recovering from such trauma can require months or even years. For some victims, life will never be the same.
The physical and emotional toll of such incidents is not the only burden victims must bear. Often, medical bills and lost wages can amount to several thousand dollars, putting even more strain and stress on the victim and their family.
You Could Recover Compensation for These Losses
We will work to recover all available compensation to address your medical costs, both past and future. We can also place a number on your more intangible losses and seek to include these in your case value as well.
Potentially recoverable losses include:
- Medical costs: Including surgeries, emergency room care, hospitalization, physical therapy, medications, and more
- Income losses: Including both past lost income and projected future lost earnings
- Pain and suffering: Reflecting your physical pain and emotional challenges
- And more
Georgia’s Modified Comparative Negligence Law
The question of who was at fault in an accident will influence the amount of compensation you may be able to seek. This stems from Georgia’s modified comparative negligence laws.
It may be determined that you were partly to blame for the accident. However, this does not mean you are ineligible to seek compensation. Per Georgia Code §51-12-33, as long as you are less than 50% responsible, you still have a right to pursue compensation from the other party or their insurance provider. The more fault you have, the less compensation you will be eligible to seek.
Seeking Compensation Through the Liable Party
States can either be “fault” or “no-fault” when it comes to car wreck liability. Georgia is a “fault” state, meaning victims are allowed to pursue compensation directly from the responsible party, that person’s insurance company, or their own insurance company.
If that liable party does not have insurance or their coverage is insufficient, the victim might:
- Turn to their own provider
- File a lawsuit
If you have uninsured or underinsured motorist coverage, this policy may kick in if an uninsured or underinsured individual injures you.
Negotiating With the Liable Insurance Company
Regardless of whose insurance provider you are speaking to, it is important you approach the conversation with caution. We recommend avoiding saying anything that may suggest you were partly at fault, including apologizing for the accident. Insurance companies are businesses and, while it is unethical, some may try to:
- Confuse you or compel you to admit fault to reduce the payout amount
- Offer you a settlement that is less than you deserve
You do not have to accept this. When you work with a Peachtree Corners car accident lawyer, we can handle the negotiations for you and fight for a fair outcome.
In addition to pursuing compensation through insurance providers, victims have a right to seek compensation via a civil suit. This is sometimes necessary if insurance coverage is insufficient to cover the full extent of the victim’s damages.
Forms of Negligence That May Cause Car Accidents
In Georgia and throughout the nation, car accidents may result from a number of forms of driver negligence, including:
- Speeding or going too fast for conditions
- Distracted driving, including texting while driving
- Driving under the influence of drugs or alcohol
- Failure to yield the right of way
- Unsafe lane changes or failure to stay in the proper lane
- Failure to obey traffic signs or signals
- Operating the vehicle in a careless manner
- Driving in a reckless or negligent manner
Other causes include driving the wrong way, driving while drowsy, oversteering or overcorrecting, decreased visibility, improper turns, and swerving due to wind or slippery roads.
Proving Negligence in Your Case
While some accident causes are outside anyone’s control, several are preventable. All drivers have a duty of care to behave responsibly and avoid harming others. When drivers fail to uphold this responsibility, they may be considered negligent.
Often, establishing negligence is a cornerstone of a personal injury case. We will work to prove that:
- The other party owed you a duty of care
- They breached that duty
- They caused significant harm
This can be a complicated aspect of your case. A Peachtree Corners car accident lawyer can help you by gathering evidence and establishing the circumstances in which the wreck occurred and the actions that led to it.
With this information, we will build a case to present to insurance companies, the other party’s legal representative, or a judge and jury in a civil court of law.
How the Statute of Limitations Can Affect Your Case
If someone else caused the crash, you have a right to seek compensation for your losses, including medical bills and long-term healthcare costs, emotional pain and anguish, and lost wages. However, it is important to note that in the state of Georgia, victims have just two years from the date of an incident to file a lawsuit, according to OCGA §9-3-33.
After that time goes by, you may not be able to seek damages. Fortunately, we can help ensure that your case is on track.
How a Peachtree Corners Car Accident Lawyer Can Support You
In the aftermath of a car accident, it is understandable you may feel overwhelmed and at a loss. In addition to the physical pain you suffered, you may face a seemingly insurmountable sum of medical bills. If you suffered debilitating injuries, you may also be unable to work, resulting in even more financial strain.
The Bader Scott Injury Lawyers team will work hard to pursue the best possible outcome for your case. When you feel well enough to do so, consider calling the office at (404) 888-8888. A Peachtree Corners car accident lawyer from our team can get started on your case today.