After a car crash, you could recover a wide range of damages – both economic and non-economic. A lawyer who handles this type of case will review the details of your collision and your injuries to determine your case’s value. You may recover compensation through a third-party insurance claim or lawsuit.
Types of Recoverable Damages After a Car Accident
For years, our law firm has advocated for injured claimants. Examples of compensable injury-related expenses include:
- Past and future doctors’ visits
- Surgeons’ fees
- Prescription medications
- Emergency transportation
- Physical rehabilitation and therapy
- Home modifications
- Assistive mobility devices
- Lost income and benefits
- Diminished future potential earnings
- Diminished quality of life
- Pain and suffering
- Mental anguish
- Emotional distress
Georgia does not place caps on non-economic damages, like pain and suffering. So, there is no limit to what you can recover for this expense.
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Your Potential Recoverable Damages Depend on Your Injuries
The settlement or court award you could receive for your accident-related injuries largely depends on your situation.
Certain types of injuries burden people with costly medical treatments. Some injuries might prevent an individual from returning to work—or to the job they used to hold. The most serious injuries could leave a victim permanently disabled, affecting their quality of life.
From our experience handling car accidents, collisions commonly cause the following types of injuries:
- Soft tissue injuries: Contusions, bruising, neck/back injuries, and whiplash
- Head injuries: Traumatic brain injuries, such as concussions
- Emotional/ mental injuries: Post-traumatic stress disorder (PTSD), depression, and anxiety
- Internal injuries: Broken bones, internal bleeding, and damage to internal organs
You Can Recover Compensation for These Losses Following a Fatal Accident
Georgia allows beneficiaries to recover compensation after losing a loved one in a fatal collision, per O.C.G.A. § 51-4-2. In these cases, surviving family members can seek these losses:
- The decedent’s lost wages, services, and benefits
- Lost companionship, advice, care, and counsel
- Medical costs stemming from the deceased person’s injury
- Burial or cremation costs
- Funeral expenses
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Assigning an Economic Value to Your Injuries
When our law firm considers the types of damages you can recover, we will:
- Gather and review all your accident-related medical records
- Consider how much time you have missed from work
- Evaluate your future working ability
- Work with experts in the fields of medicine, economics, occupational therapy, and psychology to determine how your injuries will affect you down the road
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How Contributory Negligence Laws Affect Recoverable Damages in Georgia
Georgia’s courts follow the legal doctrine of contributory negligence, as explained by O.C.G.A. § 51-12-33. This means that if you contributed to your car accident, your degree of fault will be measured as a percentage.
For example, imagine if a court were to award you $75,000 in damages for your car accident. The court also determined you were 10 percent at fault for the accident occurring (perhaps you were speeding or failed to yield to the right-of-way).
So, the court would reduce your $75,000 by $7,500 – 10 percent. In that instance, you could recover $67,500.
You Generally Have Two Years to File a Civil Lawsuit After a Collision
Like most states, Georgia enforces a statute of limitations for taking legal action after a car accident. O.C.G.A. § 9-3-33 gives you around two years from the date of your car crash to file a lawsuit against the at-fault parties. This time can pass quickly.
You Typically Have Two Years to File a Wrongful Death Lawsuit
Georgia imposes similar time restrictions on wrongful death lawsuits. Per O.C.G.A. § 9-3-33, you generally have two years from the date of your loved one’s passing to file a lawsuit.
Again, two years could seem like a long time now, but it tends to go quickly. Consider getting legal representation as soon as possible. If the statute of limitations expires on your case, you would be unable to pursue compensation in court.
Our Team Can Seek the Damages You are Entitled to After a Car Crash
Recovering compensation after a car accident isn’t easy–especially if the insurance company won’t cooperate. You can partner with our law firm. We will handle everything your case requires, such as:
- Investigating your collision to gather evidence
- Calculating your damages from the car accident
- Building a case based on the other party’s negligence
- Managing all correspondence, including phone calls and emails
- Reviewing the liable insurance policy
- Addressing your questions and concerns
- Negotiating a settlement with the other party’s insurer
If the insurance company refuses to agree to a fair settlement, then we can file a lawsuit and take your case to trial.
We Can Build Your Case Even If the Other Party Doesn’t Have Insurance
Although the state requires all motorists to carry liability insurance, not everyone follows this rule. However, you can still seek compensation through a claim or lawsuit.
For instance, if you have uninsured motorist protection coverage, you can file a claim with your own insurer to recover compensation. If not, we can file a lawsuit against the at-fault party.
We’ve Recovered Millions for Injured Claimants and Their Families
Take a look at some of our previous outcomes:
- $11 million after a life-threatening auto accident
- $5.75 million for a collision caused by a roadway defect
- $4.3 million for a collision caused by an intoxicated driver
- $900,000 for a serious collision
We’re ready to pursue the full cost of your losses.
Our Lawyers Will Build Your Case and Seek Financial Recovery
Kaine Law has been representing injured people in Georgia for decades. Our founding partner, Attorney Evan L. Kaine, advocates for car accident victims throughout the state. He takes a personal interest in every case the law firm represents.
Contact Kaine Law today for a free case review. We charge legal fees only when and if we recover an insurance settlement or court award. Call us today at (404) 214-2001.