A car accident lawyer represents victims involved in car accidents to ensure they receive fair compensation for their injuries and losses. Within that mission statement are various steps and stages to the representation of a client. This legal professional will manage a client’s legal claim, dealing with the insurance companies and, if necessary, representing them in court.
In this FAQ, we will explore the various aspects of what an Atlanta car accident lawyer does, including assessing accident claims, gathering evidence, negotiating with insurance adjusters, and advocating for clients during trials.
How a Car Accident Lawyer Can Help You
Car accident attorneys serve as your advocate. They protect your right to compensation throughout the entire claims process. They manage every detail, from the initial case evaluation to potential courtroom proceedings.
For a free legal consultation, call 404-214-2001
Assessing Your Car Accident Claim
Most car accident lawyers offer a free case consultation. During the consultation, you have the opportunity to tell your story and ask questions. Together, the victim and the lawyer can determine if they have a potential claim for compensation.
To do this, the car accident lawyer will evaluate the details of the accident to determine the validity and potential value of your claim. They review and discuss the incident with you to understand fully the extent of your injuries and your losses.
Gathering Evidence in Your Car Accident
After assessing your claim, the lawyer collects evidence to support it. This evidence includes obtaining the following:
- Police report
- Witness statements
- Photos of the accident scene
- Surveillance video footage
- Photos of vehicle damage
- Medical records
- Receipts for medical treatment
- Documentation of missed work and lost wages
- Expert testimony (e.g., accident reconstruction specialists)
- Correspondence with insurance companies
The aim is to build a strong foundation that clearly demonstrates the other party’s negligence and your resulting damages.
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Proving the Other Driver’s Negligence
Negligence is often presented as four linking elements, each building off the other. Those four elements are:
- Duty of care: This element establishes the responsibility to follow the laws, regulations, and accepted practices to maintain safety for all. In a car accident case, this is the legal obligation to follow traffic laws.
- Breach of duty: When the other party deviates from their responsibility, whether through an action or inaction, they have breached their duty. For instance, a driver tailgating and driving aggressively has failed to follow traffic laws.
- Causation: The breach then leads to an accident, and the victim suffers injuries.
- Damages: Finally, the injuries cause physical, financial, and emotional hardships for the victim, for which they can demand compensation.
The evidence your Atlanta personal injury lawyer collects in your car accident case can also be used to calculate your damages.
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Calculating the Damages in Your Case
Calculating damages is a fundamental task for a car accident lawyer, ensuring that you receive the compensation you deserve. Damages in car accident claims are typically categorized into two types: economic and non-economic damages.
Economic damages are quantifiable monetary losses directly resulting from the accident. Such economic damages you may be entitled to receive include:
- Medical expenses
- Future medical care costs
- Lost wages
- Loss of earning capacity
- Property damage
- Out-of-pocket expenses
Non-economic damages, on the other hand, cover the intangible losses suffered due to the accident. The non-economic damages in your case could include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement
- Permanent disability
The calculation of these damages involves not only tallying up receipts and bills for economic losses but also applying formulas or methodologies to estimate non-economic harms. Lawyers often use medical records, expert testimony, and life impact assessments to argue for a fair value on non-economic damages, ensuring that every aspect of the victim’s suffering and financial impact is accounted for.
Negotiating With the Insurance Companies
Negotiation is a key service a car accident lawyer provides. They communicate directly with the insurance companies involved to obtain fair compensation for your injuries. Armed with the evidence they’ve gathered, they challenge any lowball offers and work to negotiate a settlement that adequately covers all of your losses, from medical bills to lost wages and pain and suffering.
Representing You in Court When Negotiations Fail
If negotiations do not result in a satisfactory settlement, your car accident lawyer will represent you in court. They prepare and file all necessary legal documents, present your case, and argue on your behalf, aiming to secure the best possible outcome through a judge or jury verdict.
However, it’s imperative that you contact a car accident lawyer before the two-year statute of limitation on your case expires. The statute of limitations is a legal deadline for filing a lawsuit. Under O.C.G.A. § 9-3-33, you typically have two years from the date of the accident. This means you must file your lawsuit within two years, or you may lose your right to claim compensation altogether.
We advise consulting with a lawyer as soon as possible. They can protect your right to sue. It also allows your lawyer adequate time to prepare a strong case on your behalf. Delaying legal action could jeopardize your ability to recover damages for your injuries and losses.
Providing Legal Advice Throughout the Process
Throughout the legal process, a car accident lawyer can provide advice to help you understand your rights and navigate the decisions you face. Specific examples of the legal advice they could provide include:
- Understanding your rights: A lawyer can explain your legal rights to compensation for injuries and damages and what specific laws apply to your case.
- Decision-making support: They offer strategic advice on whether to settle with an insurance company or proceed to trial based on the strength of your case and the compensation offered.
- Insurance claims process: Lawyers can guide you through filing insurance claims, dealing with adjusters, and avoiding common pitfalls that could undermine your claim, like admitting fault or signing documents without proper legal review.
- Legal procedures: They can educate you on the legal procedures involved in personal injury claims, from filing a lawsuit to pre-trial motions and what to expect during courtroom proceedings.
- Future implications: Attorneys can also discuss the long-term implications of any legal decisions, including how a settlement could affect future insurance premiums or employment opportunities.
By providing these insights, a car accident lawyer ensures you make informed decisions, protecting your interests throughout the aftermath of a car accident. This tailored advice is designed to minimize your stress and maximize your recovery, both physically and financially.
Call Kaine Law to Learn What Our Car Accident Lawyer Can Do for You
Call us today and receive a free case consultation on your car accident case. We work on contingency, so there are no fees unless we win.
Call or text 404-214-2001 or complete a Free Case Evaluation form
