Best Car Accident lawyer in Atlanta
Statistics of car accidents in Georgia
The most recent statistics of the year regarding car accidents available from the Georgia Governor's Road Safety Office in 2013. These statistics show that over 1,175 people died in auto accidents, almost 300 of those deaths were alcohol-related, almost 200 of those deaths were related to speeding, and more than 150 of those deaths were of people under 21 years of age.
The top five counties with the highest number of fatal accidents are:
Fulton County
DeKalb County
Gwinnett County
Cobb County
Richmond County
These statistics only reflect the number of fatalities in Georgia in 2013. Naturally, the number of injuries that cause accidents is much greater.
Why do I need an Atlanta car accident lawyer?
Each state has different laws pertaining to car insurance and how insurance companies should handle claims after an accident. Some states are referred to by law as no-fault states, which means that after an accident, each party goes to their own insurance company for reimbursement, regardless of who was at fault.
However, the state of Georgia is not incorporated into a system without guilt. In contrast, peach status is one of the states that adhere to a fault-based system, where the determination of negligence is a fundamental part of the claims process.
In states without fault, the party that is guilty in an accident is the one that can be forced to cover the damages and losses of the victim.
When you are injured in an accident, the laws of the state of Georgia state that you have three basic ways to try to obtain compensation for damages.
File a claim with your own insurance company.
File a claim with the insurance company of the party that fails in the situation of . If you can prove that you are not at fault, the insurer of the other party will have to pay your damages, up to the limits of the insured.
File a civil lawsuit against the other driver . It is usually easier to resolve a claim before risking having to go to court; However, if the insurer refuses to offer you a fair solution, you have the right to sue.
Note : Georgia subscribes to a rule known as the modified comparative fault rule . This rule says that if you were part of the fault in an accident, you can still file a claim with the insurer of the other party and recover damages, as long as it is less than 50% in default.
The problem is that the insurer or the Court will reduce its final settlement in the same proportion as its degree of fault. Therefore, if the insurer or the Court finds you with 40 percent liability for the accident, it would reduce your settlement allowance from $ 100,000 to $ 60,000.
What do I have to prove to obtain damages for the responsible driver?
If you believe that another party is the culprit of the accident, in order to prove your claim or demand and obtain a settlement award, you will have to prove the following four elements:
Obligation of diligence : Obligation to diligence refers to the legal responsibility of a person to refrain from doing anything that could cause harm to others. This is almost a fact in traffic accidents; All drivers have the duty to take care and act responsibly on the road in order not to cause damage or fall on other road users.
Negligence : This is the really the most important part in automobile accident cases. You have to be able to show that the defendant acted in such a way that he violated his duty as a citizen. In other words, their actions were negligent or careless. Examples of negligence can include reckless driving, drinking and driving, texting while driving, speeding, and not looking before entering traffic.
The causality : Next, you have to be able to prove that the negligence of the defendant / breach of duty as a citizen caused the accident and its subsequent damage, this is called "cause-of-fact."
The causal relationship in traffic accidents can be a bit murky at times, however. For example, what would happen if a driver lost control while accelerating and hit a telephone pole, which tipped over and fell on his car? In this type of circumstance in which the driver is indirectly responsible for the accident, the causality under what is called "immediate cause" or "but-causality" can still be substantiated.
In these cases, you have to prove to the insurer or the court that you would not have suffered your injuries due to the negligence of the defendant.
Damages : The damages refer to the monetary acknowledgments received to compensate him for his loss. You need to prove that you really suffered damage, that you had actual losses as a result of the accident, and therefore you are entitled to damages. The damage can include physical injuries, emotional injuries, and financial losses.
How do I show guilt / responsibility?
To win a car accident lawsuit, you essentially have to be able to produce adequate evidence showing that the other driver was at fault for the accident. If you can do that, you can keep the other driver responsible for your damages.
Knowing what kind of evidence might be most useful to prove a case and how to do the collection is difficult. Knowing what types of evidence might be most useful to prove a case and how it will be collected is difficult, particularly if you have never filed a case. claim before or not work in insurance or injury law.
For example, if your loved one suffered serious or fatal injuries in a truck accident and is filing a claim, you may not know that you must request the log box and black box from the driver's truck, as well as send an order that forces the trucking company to preserve any evidence.
In severe or complicated cases, many car accident victims choose to enlist in the help of a personal injury lawyer to help them with the evidence, forms, in the process of filing and negotiating with the insurance company.
The following are some of the basic types of tests that you may suddenly gather. Again, each case is different, so do your homework and be sure to pick up what is relevant to your claim.
The police report for the accident (If you did not receive a copy of the report at the scene, you may contact the Central Records Unit of the Atlanta Police Department at 404-546-7461 to request a copy
One in which the APD APD is associated Note : There is a fee for this last option).
Photos and video of the scene and damage to vehicles
the other driver's information (name, contact information, license number, tag number, and insurance provider / Policy / phone number)
Witness statements , names and contact information
A surveillance video of traffic cameras or nearby businesses
Other records of specific cases, such as cell phone records , commercial truck maintenance records , Breathalyzer results , Etc.
What types of damages are recoverable?
If you win your case, you will be entitled to recover damages for many of the losses you have suffered that are related to the accident. This includes both economic damages and non-economic damages. The economic damages that offset your actual expenses . These are the easy ones to quantify in losses, such as medical expenses, property damage, and lost wages . You can justify your economic damages using evidence such as bills, receipts, medical records, and estimates.
Non-economic damages refer to the intangible losses suffered as a result of the accident . This includes , psychological, emotional, mental damages . While it is harder to calculate than economic damages, through tests such as expert field testimony, mental health records and diagnoses and the convincing input of your lawyer.
Note : Generally, the more serious your physical injuries and economic damages, the more non-economic damages you will receive.
Some of the damages that are recoverable include the following:
Current and future medical expenses, including emergency room care, hospital bills, surgeries, prescriptions, follow-up visits
Rehabilitation, such as physical and occupational therapy
Pain and suffering
Emotional distress and mental disorders caused by the accident, for example, post-traumatic stress disorder
current and future lost wages, loss of benefits, loss of employment opportunities, etc.
Disability and disfigurement
property damage, the cost of a rental vehicle, and the cost of transportation to your medical appointments
Damage to your relationships resulting from your injuries, such as loss of consortium with your spouse and loss of emotional support for your children
How do I start the accident claim process and what can I expect?
As soon as possible after the accident, you will have to call your insurance company to report the accident. If the other driver was at fault, you can also call your insurance company to report the accident and start the claims process. When you contact the insurance representative , you will be asked a series of questions about the accident.
CAUTION : Only basic information about the accident should be provided to the adjuster - when, where and by whom. Do not provide any input about the ruling or make unnecessary statements or accusations. Adjusters can use things they say during the conversation against them. If the regulator tries to press for additional information from you, you can tell him that you need to talk to your lawyer first.
After having initiated the claim, the regulator will take into account all the circumstances of the case and determine the liability. If there are problems with the determination of fault, you will need to supply the adjuster with relevant evidence to support your case.
You will also need to have a list of the damages that correspond to you, and the records to back up your claim. The widest can be the best. Again, because there are numerous probable compensable damages available that you are not aware of, you should consider having a lawyer help you so that you do not lose the money to which you are entitled.
Once the regulator has determined who is at fault and reviewed their damages, the claim will be accepted or denied, and a solution will be offered accordingly. If the solution is not reasonable or the adjuster issues more blame to you than you think you deserve, then you can take the case to Atlanta Municipal Court for a judge to review.
If you have been injured in a car accident in Atlanta and have suffered serious injuries, consult a medical professional as soon as possible.
Where can I find help for my car accident claim in Atlanta?
If you or your loved one recently suffered serious or fatal injuries in an accident in Atlanta, we welcome you to call our personal injury lawyers at Ted Arash Jafary & Associates, PA for assistance.
We accept all types of car accident cases, including car accidents, motorcycle accidents, truck accidents, public transport accidents, work related car accidents, pedestrian accidents, and bicycle accidents. Our team, dedicated and qualified can help you with any aspect of your case, the management of adjusters to fight for your rights to compensation in litigation.(Car accident lawyer Johns Creek, GA)
