The moment a drunk driver puts their key into the ignition, they accept liability for any losses caused by their negligence. O.C.G.A. § 40-6-391 notes that driving under the influence of any substance is illegal – and punishable by law.
If you or a loved one suffered harm because of an intoxicated driver, you have legal options with Kaine Law. Our Smyrna DUI car accident lawyers advocate for victims of negligence in Cobb County. We’re ready to evaluate your case at no cost today.
You Can File a Claim or a Lawsuit To Recover What You Need
You can recoup compensation for your injury-related losses by filing an insurance claim or lawsuit. Per the Office of Commissioner of Insurance and Safety Fire, every Georgia motorist is required to have insurance. So, after getting hurt, you might first seek compensation by filing a claim with the at-fault party’s insurer.
Here is what you need to know:
You Can Seek up to the Liable Policy’s Limits
Auto insurance coverage helps pay for victims’ expenses. The minimum liability requirements are as follows:
- $25,000 injury liability per person
- $50,000 injury liability per accident
- $25,000 property damage liability per accident
Yet, filing an insurance claim is easier said than done. For instance, the liable insurer may deny the claim, saying that it doesn’t pay for injuries caused by DUI accidents. In that case, your lawyer may recommend filing a car accident lawsuit.
You Can File a Lawsuit in Civil Court
If you file a lawsuit, a judge and jury will study both sides’ statements and all evidence. Then, the court will decide the amount you recover.
Lawsuits require multiple phases before the court reaches a verdict. A DUI car accident lawyer in Smyrna from our firm can manage everything your lawsuit requires, from making opening statements to asserting for what you deserve.
For a free legal consultation with a dui car accident lawyer serving Smyrna, call 404-214-2001
Recoverable Damages in a Smyrna Drunk Driving Accident
You can typically recover two kinds of damages after suffering harm in a motor vehicle accident: economic and non-economic damages.
Economic damages pay for financial damages such as medical bills, lost wages, and auto repairs. In addition, if a loved one passed away, you could also get compensated for funeral expenses.
Meanwhile, non-economic damages pay for the pain and suffering the accident caused. These include disabilities and trauma. While there is no strict formula for computing non-economic damages, their value usually correlates with your injuries’ severity. For instance, permanent brain damage usually merits more compensation than a sprained wrist.
To give you an idea of the settlement amount you could receive, a car accident lawyer from Kaine Law can review your injuries and expenses. We will use your receipts, invoices, wage statements, and more to consider what you deserve.
Smyrna DUI Car Accident Lawyer Near Me 404-214-2001
We Will Consider All Laws That Relate to Your DUI Accident Case
You don’t have to learn the law to recover compensation for your collision-related losses. Your lawyer will have a comprehensive understanding of the laws and regulations that apply to your situation. Some of those laws include:
Georgia’s Statute of Limitations for Injury Cases
You generally have two years to file your car accident lawsuit in Georgia, per O.C.G.A. § 9-3-33. This filing deadline begins from the date your collision happened. However, if you’re filing a wrongful death lawsuit, the same deadline applies, except it begins from the date of your loved one’s passing.
Georgia has some exceptions that could give you more or less time to file your case in civil court. However, these exceptions seldom apply. You don’t want to assume that you have more time to act than necessary. Even a small misunderstanding could prevent you from seeking the damages you need in court.
Comparative Fault in Smyrna Accident Settlements
Georgia operates on a modified comparative fault system, per O.C.G.A. § 51-12-33. So, if you caused most of the accident, you cannot recover compensation for your losses. Yet, being partially responsible for the collision does not prevent you from seeking damages.
To illustrate, let us say that the court declares you 40 percent at fault for speeding, while the other party is 60 percent at fault for being intoxicated. If your damages initially totaled $250,000, you would only recover $150,000 (or 60 percent).
If the other party accuses you of causing most of the accident, we will use your case’s evidence to assert otherwise.
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Our Clients Have Great Things To Say About Kaine Law
Some of our previous clients have shared:
- “This was my first car accident and Kaine Law did NOT disappoint!!! I was so nervous about how my case would turn out and I was worried all my medical bills would not get paid but everyone at Kaine Law walked me through each step and kept me updated the entire time.” – Maria G.
- “Kaine law was very understandable to my case. Great communication from the law firm and they made every step of my case smooth and easy for me.. I got something out of nothing thank you attorney Elizabeth Henning, Tashun Livingston and the whole team who assisted in my case!” – Michael L.
- “I got into a car accident. I reached out to Kaine law. They helped me out with this whole case. I’m very pleased with the outcome. I worked with Julia and Chris, the whole team was great! Evan was my attorney and he made sure I was taken care of.” – Chris N.
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Find Legal Assistance Today
If you suffered harm because of a drunk driver, you can speak to our DUI car accident lawyer in Smyrna on how to proceed. Our legal team stays updated on state and local laws to guide you accordingly.
Kaine Law has decades of combined experience in personal injury law here in Georgia. We work on various cases ranging from dog bites to train accidents. To discuss your accident, you can always give us a call. We are available for you 24/7.
Call or text 404-214-2001 or complete a Free Case Evaluation form