Every car accident claim is different, and each insurance company has its own way of assessing your losses.
Generally, the insurance adjuster considers the type of injury you suffered in a car accident when evaluating your medical expenses. The insurance company also considers whether you were at fault for the collision when deciding whether to offer a settlement and, if so, how much compensation they are willing to give you.
Types of Recoverable Damages After a Car Accident in Georgia
An insurance company could try to sell your claim short. It is important for you to realize that your claim amounts to much more than a handful of medical receipts. The damages you recover should account for all the ways your accident-related injury has affected your life, both now and in the future.
In the past, we’ve helped injured claimants recover compensation for:
- Doctors’ and surgeons’ fees (past and future)
- Prescription medications
- Physical therapy
- Assistive devices
- Lost income and benefits
- Diminished future potential earnings
- Home modifications
- Property damage costs
- Pain and suffering
- Diminished enjoyment of life
- Mental anguish
- Emotional distress
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Your Injuries Determine Your Case’s Value
The compensation you could receive from your car accident claim depends on your injuries. The insurance company will look at the injuries you suffered and use software to calculate your losses.
You may have suffered these injuries following your collision:
- Traumatic brain injuries (TBIs)
- Spinal injuries
- Broken bones
- Soft tissue damage (like whiplash)
- Internal bleeding
- Organ damage
- Cuts and lacerations
- Bruises and contusions
The more severe your injuries, the more compensation you can seek.
Georgia’s Contributory Negligence Law Affects Settlements
Georgia operates on a contributory negligence law, as explained by O.C.G.A. § 51-12-33. In other words, multiple parties can be responsible for the same collision. For instance, say you’re 10 percent at fault for an accident, and the other party is 90 percent responsible. This would reduce your case’s value by 10 percent.
If you caused more than 50 percent of the collision, the state would bar you from recovering compensation. The insurance company will do everything possible to prove you caused most of the crash and deny compensation. This is why many people hire lawyers. They can look into your situation and protect your right to financial recovery.
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Do Not Expect the Insurance Company to Offer the True Value of Your Claim
While it is true that insurance companies can quickly and easily calculate the value of your claim, they usually won’t offer the full amount right away. Consider the following:
- Insurance companies are for-profit businesses. Offering large sums of money cuts into their profit margins.
- The more money the insurance company offers you, the less money they make from selling policies.
- Claims adjusters can be vicious. They may pressure you into accepting a low settlement or even blame you entirely for what happened.
- Once you accept a settlement, you cannot ask for more money later. Your case effectively ends – even if your condition worsens.
- Insurance claims come with certain deadlines.
- The claims adjuster may purposefully stall your claim, hoping that you’ll drop it.
If you have not already received a call from the insurance company offering a quick settlement, expect to get one soon. The insurer hopes to catch you off guard while you’re still processing what happened.
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How to Handle a Lowball Settlement Offer
If an insurance company representative reaches out with an offer, consider that they’re probably offering less than your case deserves. If the insurance company offers less than you need:
- You have the right to refuse any unfair offers.
- You have the last word in whether you accept a settlement.
- You have the right to ask how the claims adjuster arrived at that figure.
By calling an attorney with experience handling car accident cases, you can get a better idea regarding your case’s true value. Before obtaining legal counsel, we advise against accepting any offers or signing anything the insurance company gives you.
How a Lawyer Can Help You Get a Reasonable Settlement
Our law firm knows how insurance companies operate. We’ve seen our fair share of uncooperative insurance companies and the people they hire.
Your lawyer can counter the insurer’s tactics by:
Investigating Your Georgia Car Accident
To support your case’s value, we will gather evidence by:
- Visiting the accident scene
- Interviewing witnesses
- Working with accident reconstruction specialists
- Reviewing videos and photos
- Analyzing the police report
Calculating Your Past and Future Damages
Our law firm studies your accident and injuries from every angle so we can demand damages that truly represent your losses. In this effort, we:
- Gather your medical records
- Obtain wage statements from your employer
- Solicit professional opinions from experts in the fields of medicine, economics, occupational therapy, and psychology
- Add up your injury-related billing statements, invoices, and receipts
- Review how your injuries affect your working ability
We’ve Recovered Millions for Car Accident Claimants
Our legal team knows what goes into building successful cases. After we investigate and review your situation, we can arrive at a figure that represents your past, present, and future injury-related hardships.
Some of our previous case results include:
- $11 million for a serious car accident
- $5.75 million for a collision caused by roadway defects
- $4.3 million for a collision caused by a drunk driver
- $900,000 for a serious accident
These are just a handful of the outcomes we’ve achieved for our clients. We’re part of the Multi-Million-Dollar Forum, which recognizes lawyers who have recovered more than a million dollars in damages. Less than one percent of the nation’s attorneys are members.
Our Lawyers Will Protect Your Right to Receive the Full Value of Your Claim
Attorney Evan L. Kaine advocates for injured claimants throughout Georgia. He and his team will work to preserve the value of your claim while you focus on recovering from your car accident injuries.
Contact Kaine Law today for a free case evaluation. We work on a contingency-fee basis, so we only request our attorney’s fees if your case succeeds. Call us today at (404) 214-2001.