Atlanta Car Accident Lawyers
Learn More About Allen & Scofield Injury Lawyers, LLCAbout the Firm
$1 million settlement for back injury resulting from an auto accident
$800,000 settlement for back injury resulting from an auto accident
$500,000 settlement for neck injury resulting from an auto accident
What Compensation Could You Receive For Your Accident?
After being injured in a car accident, you may be worried about how to pay for repairs to your car, a rental car, medical bills for a trip to urgent care, or missed pay as a result of being unable to work.
Fortunately, under Georgia auto insurance law you have the right to pursue a car accident claim to financially compensate you for your losses. The idea is that you should be able to recover financial damages to help restore you to the condition you were in before the car accident. There is no limit on the amount of damages that you can recover for specific things such as medical bills, or for non-specific things such as pain and suffering. Punitive damages, which are those damages specifically meant to punish the careless driver for any reprehensible conduct, are capped at $250,000 in Georgia. Some common car accident damages in Georgia are:
- Vehicle repair or replacement
- Rental car
- Medical bills
- Pain and suffering
- Lost wages
- Lost future earning potential
- Modifications to your home or car
- Temporary or permanent disability needs
- Wrongful death
Our Atlanta car crash lawyers can represent you in an insurance claim or personal injury lawsuit in pursuit of your financial recovery. Schedule a free consultation with our auto accident attorneys by calling (404) 419-6674.
Calculating Damages After Your Accident
Many factors influence the value of your damages after a car accident, and that can be confusing for anybody. The compensation that you receive should not just focus on medical bills and damage to your car. Car insurance companies are often quick to give you a low offer in hopes that you think that it should cover your emergency room visit and some repairs to your car.
Car accident attorney Graham Scofield has worked for large insurance companies and knows that when we seek compensation for a car accident victim, we need to consider all of the financial compensation you may need. This includes future costs, like lost wages, physical therapy, future medical bills, and pain and suffering related to your car wreck.
Calculating Pain and Suffering
Pain and suffering is defined as “the physical or emotional distress resulting from an injury.” This includes not only the physical injuries common from car accidents like concussions, broken bones, and whiplash, but also the aches, PTSD, depression, and other life-long effects that an accident may cause. There are two approaches that our car accident attorneys can take to calculate your pain and suffering damages:
- Pain and Suffering Multiplier: This uses your actual damages (car repair costs, medical bills, etc.) and multiplies them to determine what you should get for your pain and suffering. The multiplier number is normally between one and five, and it is determined by the extent of your injuries.
- Per Diem Approach: This method assigns a certain amount of money that you should get for pain and suffering each day for a certain amount of time. For example, we can negotiate that you need $150 per day for pain and suffering until you reach a specific milestone in your physical recovery.
How to Determine Fault and Negligence in an Accident
“Negligence” is when a driver has acted in a thoughtless or careless manner which causes him or her to cause harm or injury to person or property. If you are bringing a lawsuit to the other driver to prove they were negligent, you have to prove the following:
- The law required the defendant be reasonably careful
- The defendant was careless
- The defendant actions or inactions caused your injuries
- You suffered losses, injury, and damages
Proving fault can be difficult on your own. Proving fault and negligence can involve reviewing police reports for traffic violations, reviewing the state traffic laws and rules of the road, and using “no-doubt” liability, like rear-end collisions and accidents caused by violating traffic laws, to persuade the insurance company. Let our Atlanta car accident lawyers negotiate on your behalf and ensure the other driver is held accountable for their actions.
Georgia’s Comparative Negligence Law
Georgia operates under what is called modified comparative negligence law. This means that even if you were partially at fault, you can still recover damages from the accident. Under Georgia’s comparative fault law, the damages you recover will be reduced by the percentage of liability that you share for the accident. If you were 25 percent liable for the accident, and the jury awards you $100,000, then your award would be reduced to $75,000.
Insurance companies will try to use the comparative negligence rule to reduce the amount that they have to pay you. Our Atlanta car accident lawyers understand Georgia’s negligence laws, and won’t be intimidated into accepting a settlement offer that is too low. Our accident attorneys will negotiate with the insurance company in good faith to try and get you a settlement that takes into account all possible past and future damages.
Negotiating With The Insurance Company and Going to Court
The person that caused your car crash owes you compensation, and their insurance provider can offer you a car accident settlement that quickly gives you some relief. However, any experienced auto accident attorney knows that by building a strong case and negotiating with the other party’s insurance company, that settlement could be more favorable.
With 33 years of experience, and having previously worked for insurance companies, attorneys Charles Allen and Graham Scofield will aggressively negotiate to get you the compensation that you deserve. Reaching a satisfactory settlement for you and your family can also help the negligent person’s insurance company since it avoids the costly and time-consuming court process.
Building a winning case requires investigative work by a skilled legal team. Some of the many pieces of evidence that we will collect in your case include:
- Accident witness statements
- Any available security photos or video footage
- Accident debris and tire markings at the scene of the wreck
- Police reports
- Toxicology reports
- Drivers’ background and driving records
- All pertinent medical information
- Cell phone records
- Accident reconstruction data
If the insurance company will not offer a fair settlement, our Atlanta accident attorneys are not afraid to go to court in order to win compensation for your accident. Charles Allen and Graham Scofield are experienced trial lawyers and will lay out your car accident case before a judge and jury to get you the compensation that you deserve. Attorney Charles Allen has given lectures on how to develop and try cases in auto accident cases and has even created presentation templates for use during mediations and trials. Schedule a free consultation with our car accident lawyers by calling (404) 419-6674.
Common Types of Car Accidents We Handle
According to the 2017 INRIX Global Traffic Scorecard, Atlanta drivers spend an average of 70 hours in traffic per year, the eighth most of any city in the country. In fact, in 2015 Georgia had a total of 385,221 car crashes resulting in 19,405 injuries. These traffic facts alone tell the story that there are a number of ways that Atlanta drivers can get injured in motor vehicle accidents. This can include speeding, texting behind the wheel, driving under the influence, or any number of careless activities. There will always be several factors involved in a car crash, but understanding exactly what happened becomes essential if you are seeking compensation for your injuries.
By working with our Atlanta auto accident attorneys we can analyze every detail, collect evidence, identify the at-fault parties, and provide straightforward guidance regarding the next steps going forward. Our car accident lawyers have experience in virtually every type of motor vehicle accident, but the most common accidents we see are:
Rear-end collisions are accidents that occur when a driver is hit from behind. Drivers are often rear-ended while stopped at stop signs, traffic lights, and while in stop-and-go traffic. Due to one vehicle being stationary, the injuries associated with these accidents often include whiplash and concussions from the unexpected and sudden jolt forward of the vehicle being hit. Additionally, victims frequently experience middle and lower back pain after the car accident, as well as shoulder pain from the seatbelt.
Side impact collisions, or T-bone accidents, are accidents that involve the front end of one car colliding with the side of another vehicle. These accidents frequently occur at traffic intersections, as intersections are one of the more common locations accidents occur. T-bone accidents frequently happen due to drivers texting and driving, running red lights, and not stopping at stop signs. Due to the force of the impact, and sideways momentum of the car, T-bone accident injuries frequently include concussions and brain injuries from the driver’s head hitting their driver-side window, as well as back injuries and spinal injuries from the sudden sideways jolt of the vehicle.
Fatal Car Accidents
Unfortunately, fatal car accidents happen all too often in Atlanta. In fact, an IIHS study found that Interstate 285 in Atlanta ranks as the deadliest interstate in the country, with an average of 3.5 fatal accidents per 10 miles. These accidents are heartbreaking, and our accident attorneys will file wrongful death claims on behalf of the surviving spouse and children if that option is available.
Drunk Driving Accidents
In 2016, there were a total of 2,150 motorists in accidents involving alcohol. Drinking and driving is illegal for a reason – alcohol impairs the body. However, even with apps like Uber and Lyft, Atlantans still get behind the wheel after drinking. This negligent decision often results in accidents and injuries to innocent drivers obeying traffic laws. Drunk drivers should be held accountable, and our car accident attorneys in Atlanta work vigorously to help the victims of drunk driving accidents to get the compensation they deserve.
Other common types of auto accidents in Atlanta are:
- Uber and Rideshare Accidents
- Teen Driving Accidents
- Texting and Driving Accidents
- Reckless Driving Accidents
- Hit & Run Accidents
- Head-On Collisions
- Accidents with Motorcycles
- Accidents with Trucks
- Accidents with Bicycles
- Accidents with Buses
- Accidents with Electric Scooters
- Accidents with Pedestrians
Accidents in Atlanta can happen anywhere and at any time. Whether you got hit by a semi-truck while merging from I-85 onto I-285 at the Tom Moreland Interchange, or you were rear-ended while waiting at the intersection of Hembree Road and Alpharetta Highway, our accident attorneys can help. Graham Scofield and Charles Allen will listen to your story, examine the facts surrounding your accident, and help guide you through the entire process. Call to schedule a free initial consultation today. (404) 419-6674.
Common Injuries From Car Accidents
Regardless of the cause of the accident, car crashes can cause serious injuries. These accidents will inevitably result in staggering medical costs, extensive treatment plans, and terrible pain and suffering. Injuries from motor vehicle accidents can also affect your ability to provide for your family or prevent you from enjoying a rich and full life.
Car accident victims can suffer a wide range of physical and mental ailments following a collision depending upon the severity of the impact, including:
- Neck and back damage – Spinal cord and vertebrae injuries can cause years of pain and suffering. Sometimes, the damage is permanent. Additionally, neck and back pain after car accidents sometimes take days or weeks to manifest itself.
- Broken or fractured bones – Broken bones can cause serious external or internal bleeding. They also typically take months to heal. Sometimes, victims never regain the mobility or strength that they had prior to suffering the broken bone.
- Punctures and lacerations – Cuts to your skin can be very painful and cause significant bleeding. Proper medical attention is needed to make sure that a serious cut fully heals.
- Internal bleeding and organ damage – Internal blood loss can quickly become fatal. It also may be difficult to notice that organs are damaged by hard impacts or cuts caused by bone. Therefore, you should always go to the emergency room after a car collision to undergo medical imaging scans on your internal organs.
- Joint damage – Many car accident victims have dislocated or shattered joints that may require extensive surgical repair. Knee and hip injuries are common in serious wrecks and sometimes requires joint replacement surgery.
- Post-Traumatic stress – Post-traumatic stress disorder (PTSD) can take days or weeks to show up in those who suffered through a very violent accident. Recovery often requires extensive professional therapy.
Other common injuries we see as the result of car accidents are:
- Traumatic Brain Injuries (TBIs), Concussions, and Head Injuries
- Whiplash and Neck Injuries
- Back Injuries
- Spinal Cord Injuries
- Broken Bones
- Soft Tissue Injuries, Sprains, and Strains
- Dislocations and Hyper-Extensions
- Internal Injuries
- Wrongful Death
- Post-Traumatic Stress Disorder (PTSD)
Dangerous Roads And Intersections In Atlanta
Fulton County is home to over 50,000 car accidents every year. The traffic areas associated with the most catastrophic car collisions include intersections, highway ramps, and construction zones. Devastating wrecks occur throughout the Atlanta area, but some of the most dangerous spots include:
- Memorial Drive and Hairston Road in Stone Mountain – That large intersection is the site of many accidents every year. Some of those collisions cause serious injuries. These large roads do not intersect at a 90-degree angle which can make it difficult for cars to identify cross-traffic as they approach the intersection.
- Campbelltown Road and Barge Road in Atlanta – That intersection is immediately west of the off-ramps for Interstate 285. Many vehicles merge and turn there and they do not always drive at safe speeds.
- Cobb Parkway and Barrett Parkway in Kennesaw – Drivers are often distracted by shops and parking lot entrances when they approach this intersection. Furthermore, the turns there are usually not wide enough to safely handle the heavy traffic.
- Panola Road and Covington Highway in Lithonia – That intersection is complicated because there are multiple entrances to various gas stations and parking lots in the immediate vicinity of the intersection. If a driver is distracted while approaching that intersection, he will not know where to safely turn until it is too late.
Atlanta Car Accident FAQ
What Should I Do After a Car Accident?
You should immediately call 9-1-1. Even if you don’t think that you need an ambulance, you should still call 9-1-1 so that they dispatch a police officer to investigate the collision and prepare an accident report. The police officer’s accident report is a very important piece of evidence that you’re going to need in order for the insurance company to process your claim – even if you initially think that you’re only going to make a property damage claim.
What Do I Do If an Insurance Adjuster Calls Me?
Tell the adjuster to call your lawyer. The insurance adjuster is calling you in an attempt to persuade you to give them a recorded statement. Many car accident victims mistakenly give that statement because the insurance adjuster leads them to believe that they will get paid sooner if they give a statement. Don’t be misled. The insurance adjuster takes that statement to set you up. They ask you a series of questions that are designed to trip you up and give information that may conflict with the information that the police officer wrote in his report. Then, they will use your statement against you later in your case, many times at trial so that you look bad in front of the jury.
How Much Should I ask for Pain and Suffering from a Car Accident?
As an injury victim, you are entitled to recover general damages for your pain and suffering that was caused by the car crash. Many juries use what is known as a “medical bills multiplier” to calculate pain and suffering damages. Insurance adjusters use that same formula when calculating a potential settlement. That method multiplies your economic damages (car repairs, medical bills, lost wages, etc.) by a number between two and ten. The multiplier is determined by the severity of your injuries.
Why Should I hire Allen & Scofield Injury Lawyers?
If you’re injured in a car accident, you might be tempted to call one of the billboard, radio or bus attorneys that advertises on your daily commute. That’s a mistake.
Billboard and bus lawyers process thousands of auto accident claims every year. Their goal is to settle cases as quickly as possible even though that often means that they are settling each case well below its true value. You will likely only speak with a paralegal when you call the firm to speak with your attorney.
At Allen & Scofield Injury Lawyers, LLC, we listen to our clients’ stories and treat our clients with compassion and dignity. We pride ourselves on maximizing the value out of cases that other lawyers passed upon because they couldn’t get the quick and easy (little) money. Our lawyers have recovered tens of millions of dollars for our clients because we went the extra mile when other lawyers decided to take the day off to play golf.
Contact Allen & Scofield Injury Lawyers Today
No one wants to be the victim of a car accident, but unfortunately, it still happens. You may have suffered serious injuries from your car crash, and the physical recuperation time after an auto accident can be considerable. Combine that with the devastating financial and emotional trauma that comes with a motor vehicle accident, and you may be feeling helpless and overwhelmed.
If you lost a loved one or were injured in a car accident due to the negligent or reckless actions of another driver, we know the challenges you are facing. Our Atlanta car accident lawyers have litigated thousands of cases and have been assisting clients for more than 33 years. Call and schedule a free initial consultation with our car accident attorneys at our law office in Buckhead, GA. (404) 419-6674. As with all of our personal injury cases, you don’t have to pay a dollar until we win.