Just north of Atlanta, with I-75 running through the center of the city, Marietta is a Cobb County city with a unique history and beautiful Kennesaw Mountain on its western border. However, just like any other city in Georgia, it has its fair share of motor vehicle accidents. So, whether you were taking the kids to Six Flags or driving on US 41 to go to work, if a driver’s negligent actions led to your accident and injuries, you have the right to seek fair compensation.
After you or someone you love is injured in a car accident, a Marietta car accident lawyer from Kaine Law can help you recover damages for your medical expenses, lost wages, pain and suffering, and possibly more. That way, you can spend less time and energy fighting with insurance adjusters and stressing over bills and more time focusing on recovering your health and happiness.
A Marietta personal injury attorney with our law firm can investigate your accident and uncover evidence that can be used to build a case on your behalf. Then, we will fight for what you are owed—both at the negotiating table and in the courtroom if necessary.
Call Kaine Law today for a free case consultation.
We Can Manage Any Type of Car Accident
At Kaine Law, we have more than two decades of combined experience in personal injury law and have managed a wide variety of car accident cases for our clients. Our attorneys can assist if you have suffered injuries due to any of the following negligent driver behaviors:
- Drunk or drug-impaired driving: Drivers who are under the influence have dulled senses, reflexes, and decision-making skills that can lead to an accident.
- Drowsy driving: Fatigued drivers may also have dulled senses and reflexes, and the drowsy driver may even fall asleep at the wheel.
- Distracted driving: Drivers who are not paying attention to the road can fail to spot and respond to situations that arise before it is too late.
- Aggressive driving: Risky driving habits, such as speeding, weaving in traffic, improper turns, ignoring traffic signals, tailgating, and road rage, may have been the cause of your accident.
These negligent driving behaviors can result in such accidents as:
- Head-on: The at-fault driver crosses the median and strikes an oncoming vehicle.
- Rear-end: The at-fault driver fails to stop and runs into the rear of the car in front of them.
- Side-impact: Also known as a T-bone collision, the at-fault driver runs through an intersection and strikes the side of a car that had the right of way.
- Sideswipe: The at-fault driver fails to check the lane, and the two cars make contact on their sides.
- Rollover: The at-fault driver fails to adjust to the road or weather, and in the collision, a vehicle flips over onto its roof.
- Multi-car pile-ups: The actions of the at-fault driver cause multiple vehicles to collide.
Your lawyer may also uncover evidence that points to more than one negligent party. Sometimes, it is not just the other driver who shoulders the blame for your accident. In fact, there may be other private individuals, private businesses, and even government agencies whose negligence could have contributed to your accident.
Your lawyer’s investigation may find that the following situations caused your accident:
- Defective auto parts: If the accident was caused by a defective auto part, then you may be able to sue the manufacturer for damages.
- Hazardous roads caused by improper maintenance: You may be able to sue the government or one of its employees or agencies for damages if their negligence caused your accident.
Our staff will listen patiently to you explain what happened in your accident, and we can let you know your legal options and how our attorneys can help.
For a free legal consultation with a car accident lawyer serving Marietta, call 404-214-2001
How We Prove Negligence Played a Role in Your Marietta Car Accident
When we take on your Marietta car accident case, we will investigate your accident to determine who was at fault, how the accident occurred, and what you have lost. Answering these questions helps us to determine negligence, which is often shown in four parts:
- Duty of care: All drivers’ legal obligation to follow traffic laws and proper standards of safety while operating their vehicles
- Breach of duty: A driver failing in their duty of care, usually through a violation of a traffic law
- Causation: The accident and injuries that result from the driver’s breach of duty
- Damages: The victim’s physical injuries, emotional trauma, and financial hardships, all of which can be sought for compensation
Our lawyers must prove that the defendant owed you a duty of care to keep you safe while you were on the road and that the defendant failed in this duty due to a negligent act or omission. We prove these elements through the collection of evidence we gather, such as:
- Police reports
- Medical records
- Witness statements
- Photographs
- Video evidence
- Expert testimonies
- Physical evidence
Once your lawyer establishes the liability of the negligent party, they can then tie your losses to the accident, enabling you to seek maximum compensation.
Marietta Car Accident Lawyer Near Me 404-214-2001
Kaine Law Will Fight for the Compensation You Deserve
Depending on the circumstances in your case, you may be suffering from minor injuries to catastrophic ones requiring the medical attention of a local level one trauma center. Thankfully, Marietta has such a facility, Wellstar Kennestone Regional Medical Center.
Catastrophic injuries can be incredibly painful and debilitating, possibly causing long-term or even permanent life changes. These injuries may include:
- Spinal injuries that result in partial or full paralysis
- Head trauma that affects cognition, changes in personality, or impairs mobility
- Internal organ damage that leads to loss of function
- Damaged hearing or vision loss
- Crushed bones, nerve damage, and lost limbs
- Burns and scarring that permanently affect the range of motion and appearance
Your medical treatment following the accident will be a major expense, and you would have every right to demand compensation from the negligent party that caused your injuries. In fact, your compensation could include such damages as:
Economic Losses Related to Your Car Accident
Economic damages are quantifiable losses and often include:
- Medical bills
- Lost income
- Lost benefits
- Reduced earning potential
- Property damage
Your lawyer will seek compensation for your current losses and determine the compensation you may require in the future.
Non-Economic Losses Related to Your Car Accident
These subjective damages are based on the lost quality of life the victim experiences. They can include such items as:
- Pain and suffering
- Mental anguish and emotional distress
- Disability
- Disfigurement
- Chronic pain
- Loss of enjoyment of life
Though these are intangible losses, we can apply the methods used by the insurance companies and the courts to determine their value.
Wrongful Death Damages for Your Family
If your family has lost a loved one due to the negligent actions of another, please accept our sincere condolences for your loss. We know what your family is going through. We have helped many families like yours deal with the sudden repercussions of losing a loved one in a car accident. Our wrongful death attorneys may be able to help. You could seek compensation for the following damages:
- Final medical bills
- Funeral and burial costs
- Loss of financial contributions
- Loss of consortium
- Pain and suffering
Our staff can explain how wrongful death lawsuits work in Georgia, who is eligible to file, and how we can help. We know this money cannot replace your loved one. All it can do is help settle the financial burdens your family is facing and maybe give you a chance to find peace.
Call Kaine Law today for a free case review.
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If We Cannot Reach a Settlement, We Are Prepared to Take Your Case to Court
Once your lawyer has investigated and determined whom you should file a claim against, they will fight for the money you are owed. This means that they will negotiate with the insurance companies so that you do not have to, and if necessary, they will take these parties to court.
Insurance companies may try to offer you compensation that would not fairly cover your losses, either. When they offer you less than what you deserve, a personal injury lawyer with our firm can advocate on your behalf.
Thankfully, most cases do settle out of court. If they still refuse to settle for what you are owed, though, we can take the case to trial to advocate for your rights and seek a court-awarded offer instead.
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Laws That Can Affect Your Car Accident Claim
You should be aware that there are a couple of laws that can affect the resolution of your car accident case:
Partial Fault Might Not Stand in Your Way of Compensation
Even if you believe that you may be partially responsible for the car accident that caused your accident, you may still be able to recover damages under the doctrine of contributory negligence. As long as you can show that the other parties were more responsible than you were, you may be able to win compensation.
However, the amount you can recover may be affected by the amount of blame you share with the defendant. Basically, if the settlement is determined to be $100,000, but you are found to be 10% at fault for your injuries, you would receive $90,000. However, your degree of fault cannot be 50% or greater. Otherwise, you will be barred from collecting any compensation.
A car accident lawyer with our firm can give you a better idea of how the specifics of your situation may affect your ability to pursue compensation and the amount of damages you could expect from a successful lawsuit.
Statute of Limitations in Car Accident Cases in Georgia
Per O.C.G.A. § 9-3-33, the statute of limitations for personal injury suits in Georgia is two years, which begins counting down from the date of your accident. Your time is limited and maybe even more limited depending on whom you are suing.
The sooner you get in touch with our law firm, the sooner we can get started working on your case. Do not delay, as filing a personal injury lawsuit past the statute of limitations may bar you from seeking compensation from a liable party. Then, without the right to sue, the insurance companies will be uninclined to negotiate, and you could be left paying for damages your settlement fails to cover.
You want to do everything possible to secure your right to compensation, and our lawyers can help you abide by the statute of limitations if you act quickly.
Actions to Take Following Your Car Accident
You can have a direct impact on the strength of your claim, starting right from the accident scene. Here’s what we advise our clients to do after a car accident:
Ensure Your Safety
After you have been hit, assess your situation. If you are in the way of traffic and can drive the car, pull to the side of the road to avoid any further damage or injury. If the car cannot move but you can, consider leaving the car and moving to the side of the road. Whatever you do, do not leave the scene.
Call 9-1-1
Check yourself for injuries and that of your passengers. If you can, check on the other driver. Then, call law enforcement and let the operator know what has happened, where you are, and who is hurt. If you are unable to call, instruct someone else to call. By law, you must report the accident if there has been a death, injury, or $500 or more of property damage. Also, reporting the accident will generate a police report, which can be used when building your car accident claim.
Collect Information
If your injuries permit and while you are at the accident scene, you can start collecting evidence. Take photographs of the accident scene, the cars, and your injuries. Take notes on any details around you, such as the condition of the road or the presence of any cameras. Ask witnesses for contact information, and if possible, ask the other driver for their contact and insurance information.
See a Doctor
Depending on your injuries, you may require emergency medical services. If not, you need to see your doctor as soon as possible. They can diagnose your injuries and start you on a treatment program. Then, follow that treatment program completely, and do not miss any appointments. These two actions can tie your injuries to the accident and strengthen your claim.
Alternatively, there are things you should avoid doing, such as discussing your accident on social media and giving a recorded statement to the insurance companies. Keep your statements to just what you know, and then contact Kaine Law.
Contact Kaine Law Today
Call Kaine Law today to receive your free consultation and to learn more about how our car accident lawyers in Marietta will fight for your rights. Your first call is free, and we work on contingency. You pay nothing unless we win.
Contact us now.
Call or text 404-214-2001 or complete a Free Case Evaluation form
