Atlanta Car Accident Lawyers
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What Compensation Can I Receive From A Car Accident?
Most car accident victims worry about the financial impact of a car collision. For instance, it can be costly to replace a damaged vehicle. Medical treatment is also expensive. Some victims have substantial lost wages because they’re unable to work for a long period of time. Others require extensive future medical treatment.
Fortunately, Georgia auto insurance laws enable you to recover all of your financial losses. The goal of those laws is to restore you to the condition you were in before the car accident. You can also recover compensation for your pain and suffering. You can even recover punitive damages if the liable driver drove recklessly. Punitive damages are usually capped at $250,000 in Georgia. However, some victims can recover uncapped punitive damages. In fact, an injury victim can recover uncapped punitive damages against a drunk driver.
Here are some of the common recoverable car accident damages in Georgia:
- Vehicle repair cost or replacement value
- Rental car reimbursement
- Medical bills
- Pain and suffering
- Lost wages
- Lost future earning capacity
- Modifications to your home or car
- Temporary or permanent disability needs
- Wrongful death
Our Atlanta car accident lawyers will help you recover all of your financial losses. Schedule a free consultation with our auto accident attorneys by calling (404) 419-6674.
How to Calculate Car Accident Compensation
Many factors impact the value of your car accident damages. Your medical bills are known as “economic damages”. Economic damages also include lost income, property damage, and other out-of-pocket expenses caused by the car accident.
You’re also entitled to recover general damages for your pain and suffering that was caused by the car crash. Most 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 one and six. The multiplier is determined by the seriousness of your injuries.
For example, let’s say that your injuries resolve with conservative medical treatment and your bills only total $25,000. In that scenario, a jury might award somewhere in the range of 1-2 times your medical bills for pain and suffering which would bring your total recovery (economic damages plus general damages) to approximately $50,000 to $75,000. If you had to undergo orthopedic surgery and your total bills exceeded $100,000, a jury might award somewhere in the range of 3-6 times for your pain and suffering which would bring your recovery to approximately $400,000 to $700,000.
How to Prove Fault in a Car Accident Case
In order to successfully resolve your case, you must be able to demonstrate that the other driver was at fault and legally responsible for your damages. Stated another way, you must prove that:
- The driver drove carelessly
- The driver’s carelessness caused the car accident
- You suffered harms as a result of the car accident
It can be difficult to prove fault by yourself. For instance, even when the police officer cites the liable driver, the liable driver usually denies fault. If the liable driver was cited for failing to yield to your vehicle while turning left, he’ll often claim you were driving too fast. In order to prove that he is lying, you’ll have to track down witnesses and persuade them to testify on your behalf. If there are no witnesses, you’ll have to cross-examine the other driver and show that his explanation isn’t credible.
Let our Atlanta car accident lawyers take that care of that burden for you. We’ll make sure the other driver is held accountable for their actions.
Georgia’s Comparative Negligence Law
Georgia has enacted a modified comparative negligence law. That 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 are reduced by your percentage of fault. So, if you were 25 percent at fault, and the jury awards you $100,000, then your award would be reduced to $75,000.
Insurance companies try to use the comparative negligence rule to reduce the amount that they have to pay you. If they do that, we’ll show them why their driver is 100% at fault. We won’t be intimidated into accepting a low-ball settlement offer.
Negotiating With The Insurance Company and Going to Court
The person that caused your car crash owes you compensation. Their insurance carrier is contractually obligated to pay you that compensation. However, the insurance carrier doesn’t want to pay you the full amount. They want to pay you a discounted amount. The earlier that your case is settled, the greater the discount they will seek.
At Allen & Scofield Injury Lawyers, our Atlanta car accident lawyers will settle your case for the best possible amount. Sometimes, that means that an early settlement isn’t possible. In that case, we will invest the time and resources to build you a winning case so that you can maximize your settlement.
Building a winning case requires investigative work by a skilled legal team. Some of the evidence that we will collect in your case includes:
- Accident witness statements
- Video footage
- Accident debris and tire markings at the scene of the wreck
- Police reports
- Toxicology reports
- Drivers’ background and driving records
- Medical records and bills
- Cell phone records
- Accident reconstruction data
If the insurance company won’t offer you what you deserve, our Atlanta car accident attorneys will go to court to hold them accountable. Charles Allen and Graham Scofield are two of the best Atlanta car accident lawyers. We’ll prove how the other driver was at fault for causing the car accident. Then, we’ll ask the jury to award your compensation for all of your damages.
Schedule a free consultation with our Atlanta 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. Those long commutes inevitably lead to car accidents. In fact, in 2015 Georgia had a total of 385,221 car crashes resulting in 19,405 injuries.
Every car accident is unique. However, most car accidents that we handle occur in one of the following ways:
Rear-end collisions are typically caused by distracted drivers. These collisions often occur at stop signs, traffic lights, and in stop-and-go traffic. The accident victim’s vehicle is usually stationary at the moment of impact. However, the liable driver’s vehicle is usually traveling at a relatively high rate of speed. Therefore, rear-end accidents can cause serious injuries, such as whiplash and concussions. Additionally, some victims also suffer back injuries even in a low speed accident.
Side impact collisions are also known as “T-bone collisions.” T-bone collisions frequently occur at traffic intersections when one vehicle performs a dangerous left hand turn in front of oncoming traffic. T-bone collisions often cause blunt force trauma to the head and chest. Sometimes they also cause fractured limbs, ribs, and vertebrae. Even a moderate impact T-bone collision can cause herniated spinal discs in the neck and back.
Fatal Car Accidents
Atlanta is home to many fatal car accidents. Recently, an IIHS study concluded that I-285 in Atlanta is one of the deadliest interstates in the country, with an average of 3.5 fatal accidents per 10 miles. We can help you if your loved one died in a fatal car accident. Our accident attorneys file wrongful death claims on behalf of surviving relatives.
Drunk Driving Accidents
Uber, Lyft and other ride-sharing services have fortunately reduced the number of drunk driving accidents. However, in 2019, there were still 353 Georgia motorists killed in alcohol-related car accidents. Let us help you if you were injured by a drunk driver. We’ll make sure that the drunk driver is held accountable. We’ll also help you victims of drunk driving accidents get the compensation you deserve.
Here are some of the other common types of auto accidents in Atlanta:
- 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
If you’ve been injured in a car accident, we can help. We’re here for you 24 hours a day 7 days a week. Call now to schedule a free consultation. (404) 419-6674.
Common Injuries From Car Accidents
Car crashes cause many types of physical and mental injuries. Here are some of the common examples:
- Neck and back damage – Spinal cord injuries can cause permanent impairment.
- Broken bones – Broken bones are painful. They also take months to heal. Some accident victims never regain their strength and mobility. Moreover, some types of broken bones (e.g., compound fractures) can cause life-threatening infections.
- Punctures and lacerations – Broken glass and vehicle shrapnel can cause deep lacerations that lead to critical blood loss. Proper medical attention is also needed to ensure that a serious cut fully heals.
- Internal bleeding and organ damage – Internal blood loss can quickly become fatal. Therefore, you should always go to the emergency room after a car collision to undergo medical imaging scans of your internal organs.
- Joint damage – Many car accident victims suffer dislocated or shattered joints that must be surgically repaired. If your knees or hips are injured in a car accident, you may have to undergo joint replacement surgery.
- Post-Traumatic stress – Post-traumatic stress disorder (PTSD) can take weeks or even months to appear after a violent accident. Accident victims may require extensive professional therapy to treat their PTSD symptoms.
Other common injuries that we see following a car accident include:
- 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
There are over 50,000 car accidents in Fulton County every year. Car accidents typically occur at intersections, highway ramps, and construction zones. Some of the most dangerous accident locations include:
- Memorial Drive and Hairston Road in Stone Mountain – That intersection is dangerous because the two crossroads don’t intersect at a 90-degree angle. That means that it is difficult for drivers to identify cross-traffic as they approach the intersection.
- Campbelltown Road and Barge Road in Atlanta – That intersection is immediately west of the I-285 off-ramp. Many vehicles attempt to merge there without checking whether the lane is clear. Other vehicles drive through there at unsafe speeds.
- Spaghetti Junction – Spaghetti junction refers to the mass of criss-crossing roadways where I-285 and I-85 intersect. The roadways at that junction are elevated which means that rollover accidents there often lead to fatal injuries.
- Cobb Parkway and Barrett Parkway in Kennesaw – Drivers are often distracted by shops and parking lot entrances when they approach that intersection. Furthermore, the turning lanes at that intersection are narrow. As a result, heavy traffic conditions often lead to car accidents.
- Panola Road and Covington Highway in Lithonia – That intersection is dangerous because there are entrances to gas stations and parking lots in the immediate vicinity of the intersection. If a driver is distracted while approaching that intersection, he may rear-end a vehicle that is slowly down in preparation for turning into the gas station.
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 only plan on filing 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 one and six. 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.
Those lawyers process thousands of auto accident claims every year. Their goal is to settle cases as quickly as possible even though that means that they are settling each case well below its true value. You will only speak with a paralegal when you call the firm to speak with a lawyer.
At Allen & Scofield Injury Lawyers, LLC, we invest our time and money in our clients’ cases – not billboards and bus ads – because our clients are our number one priority. That way, we maximize the value out of every one of our clients’ cases. The results speak for themselves.
Contact Allen & Scofield Injury Lawyers Today
If you live in Atlanta, it’s only a matter of time before you’re involved in a car accident. If the accident wasn’t your fault, we can help!
Our Atlanta car accident lawyers have successfully litigated thousands of cases. The results speak for themselves. Take a moment and read some of the thoughtful testimonials from our colleagues and former clients.
Then, call and schedule a free initial consultation with our car accident attorneys at our law office in Atlanta, GA. (404) 419-6674.