If you’ve been in a car accident in Georgia, you need to know the average car accident settlement as you deserve the best possible outcome. An experienced Douglasville car accident attorney will help you through the process to get you the most. Understanding insurance coverage is also crucial, as it plays a significant role in determining the value of car accident settlements.
This post will go over car accident settlements in Georgia, factors that affect and what to do after your accident.
Factors for Car Accident Settlements in Georgia
Severity of Injuries
The severity of injuries, especially severe injuries, is a big factor in car accident settlements. Physical injuries can range from minor cuts and bruises to severe fractures, concussions and herniated discs. The extent of these injuries affects the victim’s daily life and long term health and the settlement amount. Emotional and psychological effects like trauma and loss of enjoyment of life also go into the compensation.
Economic Damages
Economic damages are the tangible financial losses from a car accident. Extensive medical treatment, including immediate and long-term care, can lead to significant medical bills and is a major component of these damages. This includes emergency room visits, surgeries, ongoing physical therapy and medications.
Lost wages from recovery time and potential future loss of earning capacity are also considered. Property damage, cost of repairing or replacing the vehicle, is also part of the total economic damages.
Non-Economic Damages
Accident victims are often compensated for non-economic damages, which are the intangible losses like pain and suffering. These are usually calculated using methods like the multiplier method where the economic damages are multiplied by a factor that reflects the severity of the pain and suffering.
Permanent disability or impairment that affects the victim’s lifestyle and future earning capacity also falls under non-economic damages.
Punitive Damages
Punitive damages are awarded in cases of reckless or egregious behavior, like drunk driving. These damages are to punish the at-fault party and deter similar behavior in the future. But punitive damages are not available in all cases and depend on the specific facts of the accident.
Comparative Negligence in Georgia
Georgia is a comparative negligence state, meaning the settlement can be reduced by the percentage of fault of each party involved in the accident. If a victim is found partially responsible for the accident, their settlement will be reduced by their percentage of fault.
For example if a victim is 25% at fault, a $100,000 settlement would be reduced to $75,000. This way even if the victim is partly to blame, they can still get compensation as long as the other party is more than 50% at fault.
Car Accident Settlement Process
Initial Offer from Insurance Companies
The settlement process for a car accident claim starts with an initial offer from the insurance company. This offer is usually based on a formula that multiplies the victim’s economic damages by a factor that reflects the severity of the injuries.
But these initial offers rarely reflect the full extent of the victim’s losses. Insurance companies want to pay out as little as possible and the initial offer is often lower than what is fair or needed to cover all expenses.
Role of Attorney
Having an experienced car accident lawyer can make a big difference in the settlement amount. An experienced attorney will negotiate with the insurance company on behalf of the victim. Attorneys know how to assess the full extent of damages, including economic and non-economic losses.
They make sure the settlement offer covers all medical expenses, lost wages and pain and suffering. Legal representation usually gets higher settlement amounts than the initial offer from the insurance company.
Negotiation
The negotiation process is a back and forth between the victim’s attorney and the insurance company, often focusing on car accident settlement amounts. During this phase the attorney will present evidence such as medical records, bills and expert testimony to support the claim for higher compensation.
The goal is to get a settlement that fairly compensates the victim for all past and future expenses. This process takes time and requires documentation and strategic negotiation.
Litigation vs Settlement
Most car accident claims are settled, but sometimes a case has to go to trial. Litigation is a gamble; while it can get a bigger payout, there’s no guarantee of winning. A jury or judge will decide the case and the outcome is unpredictable. Attorneys must weigh the risks and benefits of going to trial vs settling out of court and always put their client’s interests first.
Communication
Throughout the car accident settlement process communication between the victim and their attorney is key. Victims should provide their attorney with all the information they have, medical bills, lost wage documentation and how the injuries affect their daily life. This information will help build the case and support the pursuit of a fair settlement. Open communication means the attorney can represent the victim’s interests.
Get the Most Out of Your Car Accident Settlement
Document Your Case
Documentation is key to getting the most out of your settlement. Keep a detailed record of all medical treatments, bills and expenses related to the accident. This includes ER visits, surgeries, physical therapy and any medications prescribed.
Additionally, document time missed from work and the loss of income. Organized records will strengthen your case and make sure all expenses are accounted for during settlement negotiations.
Evidence
Gathering evidence is crucial to prove your case. Get a copy of the police report, gather witness statements, take photos of the accident and your injuries. Surveillance footage and expert testimony can also be helpful.
The more evidence you have the stronger your case will be and the higher the settlement.
Negotiation
Effective negotiation is key to getting a good car accident settlement. Your attorney will negotiate with the insurance company, present evidence and advocate for a fair payout. Be patient during this process as it can take time. Trust your attorney to navigate the complexities and get the best result.
Future Costs
When settling, consider not only your current expenses but also future costs related to the accident. This includes ongoing medical treatments, potential surgeries and long term care needs. Also consider future loss of income or diminished earning capacity. Make sure these future costs are included in the settlement to protect you financially long term.
Settlement vs Trial
Deciding to settle or go to trial is a big decision. While most cases settle, sometimes going to trial is necessary to get fair compensation. Talk to your attorney about the pros and cons of each. Settling gets a quicker result but trial can get a bigger payout. Weigh the risks and benefits with your attorney and make an informed decision.
Talk with an Experienced Douglasville Car Accident Lawyer Today!
Going through a car accident is tough, but understanding the factors that influence a Georgia car accident settlement can make it easier. The average settlement for a car accident in Georgia can vary, depending on the severity of injuries, medical bills, lost wages, property damage, pain and suffering and the state’s fault laws.
If you find yourself wondering how to get the most for your settlement for your case, our dedicated team can help you. Call us at 678-825-6004 for a free case review today!
