Our Carrollton car accident lawyers at Hartley Rowe & Fowler understand that getting into an auto accident can be one of the most traumatizing and devastating experiences. We know that accidents are not uncommon, but no one gets on the road expecting to be the next victim.
Drivers have the responsibility to be cautious while on the road to avoid accidents. That is why when a motorist acts in a careless, negligent, or reckless manner, the victims have the right to seek monetary compensation.
If you or a loved one has been hurt in an accident caused by the negligent actions of another party, you have the right to file an auto accident claim. The unforeseen expenses resulting from the accident may have significant implications for you and your family.
Life can instantly become challenging, especially if the victim was the breadwinner. However, claiming for damages is no walk in the park, especially if you don’t have experience in personal injury law.
In order to protect your rights and obtain fair compensation, it’s best to seek the help of a skilled and experienced Carrollton personal injury lawyer. Hartley Rowe & Fowler is committed to helping Carrollton auto accident victims to seek the justice they are entitled to.
We have been in the industry for over four decades, handling all kinds of personal injury cases including car accidents. Personal injury law can be complex, but with our help, you and your loved ones can see the compensation you deserve. Reach out by calling our offices at 678-825-6004 today!
Car Accident Statistics in Georgia
If you have sustained an injury in a car accident in Carrollton, by no means are you alone. According to the NTSA, every Georgia will get into an auto accident every 10 years. That’s because on average, over 1720 motorists get involved in accidents every day. This translates to 70 drivers per hour.
What Should I Do Following a Car Accident?
What you do right after a car accident will play a major role in determining the outcome of your claim. As such, you’ll want to do the following:
Call the Police
It is important to report the accident to the relevant authorities. The police are essential in determining and recording the party at fault. They also help maintain order in such an incident, so ensure this is the first thing you do.
Check on the Other Party
The other people involved in the accident may have been injured. If you have the ability, get out of the car and check on them to make sure they are safe.
Record the Scene
If possible, you’ll want to take photos and videos of the accident scene, damages, and injuries. This will come in handy when it’s time to validate your lawsuit.
Exchange Information
According to Georgia’s personal injury laws, motorists are expected to exchange relevant information following an auto accident. This includes full names, contact information, driver license number insurance details, vehicle registration number, etc. Bear in mind that this has to be done in a respectful and peaceful way.
If the other party refuses to share this information, wait for the authorities and then ask for the information.
Never Admit Fault
Do not admit fault or apologize even if you feel you are to blame for the collision. Fault for an auto accident is determined after a thorough investigation and jeopardizing your case is the last thing you want.
Seek Medical Assistance
It’s imperative to seek medical assistance even when you do not feel hurt. Some injuries can like whiplash can take a long time to manifest, especially due to the adrenaline rush. Ensure you have the injuries documented by a licensed doctor.
This is not to just determine hidden injuries, but to keep a record of treatments to claim compensation for when it comes to making a claim.
Call a Carrollton Car Accident Lawyer!
When it comes to any personal injury case, it’s imperative to consult a skilled and experienced car injury lawyer as early as possible. Experienced car accident attorneyswill help you file a claim as per the law and ascertain your rights are protected. In addition, the other party is bound to take the lawsuit more seriously with a lawyer present.
How Much Is My Case Worth?
Auto accidents differ widely and so do the settlements. It’s impossible to tell you how much your claim is worth until you get a case review which is free when you consult Hartley Rowe & Fowler. However, we can tell you a few factors that can affect the value of your claim. These include:
- Ongoing medical care and bills
- The severity of the injury
- Accident-related impacts on your life, ability to work, and relationships.
It is unwise to decide what your claim is worth before consulting a legal team. Chances are there could be aspects of the case you forgot to include that could increase the settlement amount.
Why Hire a Carrollton Car Accident Attorney?
Seeking legal assistance gives you the best chances of succeeding in the lawsuit. An auto accident attorney will be able to help you in the following aspects:
Case Preparation & Filing a Lawsuit
After you reach out to Hartley Rowe & Fowler, our team of lawyers will immediately get on your case by doing a thorough investigation and gathering all the required evidence to make a solid case. Our legal team will be able to figure out the value of your case and establish liability by working with other experts.
Compensation Negotiations
Before your claim makes it to court, your car injury attorney will try to reach a fair compensation agreement with the liable party. Our team has vast experience in negotiations and once we figure out how much your case is worth, we will utilize our skills and resources to ensure you do not get anything less than what you’re entitled to.
Trial Preparation & Representation
If both parties can come to an agreement on the settlement, your auto accident attorney will take your case to a court of law. They will prepare your lawsuit and ensure they have the necessary evidence to prove liability. By working with our team, you can be certain that we will aggressively fight for your rights and work within our means to ascertain a fair outcome.
What Types of Damages Can You Recover?
In Georgia, valid auto accident claims allow you to recover the following forms of damages:
Economic Damages
Economic damages, also referred to as special damages, encompass the monetary losses experienced as a result of an injury from a car accident. These damages are crucial for compensating victims for the direct financial impact of the accident, ensuring that they are not burdened with out-of-pocket expenses caused by someone else’s negligence.
Calculating and proving economic damages requires detailed documentation and an understanding of personal injury law. Consulting with an experienced accident attorney or personal injury lawyer is essential for:
- Evaluating Claims: Assessing the extent of economic damages and estimating a fair compensation amount.
- Gathering Evidence: Collecting necessary documentation such as medical bills, wage statements, repair estimates, and expert testimonies to substantiate the claim.
- Negotiating Settlements: Engaging with insurance companies to negotiate a settlement that adequately covers all economic damages suffered.
- Legal Representation: Providing representation in court if a fair settlement cannot be reached through negotiation.
Non-Economic Damages
Non-economic damages are a crucial aspect of compensation in car accident cases, addressing the intangible losses suffered as a result of injuries. Unlike economic damages, which cover tangible expenses like medical bills and lost wages, non-economic damages compensate for more subjective and personal impacts.
Calculating and proving non-economic damages requires a nuanced understanding of personal injury law. Consulting with an experienced car accident attorney or personal injury lawyer is essential for:
- Evaluating Claims: Assessing the extent of non-economic damages and estimating a fair compensation amount.
- Gathering Evidence: Collecting medical records, psychological evaluations, and testimonies from family and friends to substantiate the claim.
- Negotiating Settlements: Engaging with insurance companies to negotiate a settlement that adequately reflects the non-economic damages suffered.
- Legal Representation: Providing representation in court if a fair settlement cannot be reached through negotiation.
Punitive Damages
Punitive damages are rarely awarded, but arise when the liable party was grossly negligent, leading to severe injuries and/or death. These types of damages are intended to punish the offender while discouraging others from similar acts.
Navigating the complexities of punitive damages requires the expertise of experienced accident attorneys. If you or a loved one has been involved in an auto accident where gross negligence is evident, consulting with an auto accident lawyer or personal injury attorney is crucial.
These legal professionals can help:
- Evaluate the Case: Assess whether the circumstances of your accident qualify for punitive damages.
- Gather Evidence: Collect and present compelling evidence of the defendant’s gross negligence or intentional misconduct.
- Legal Representation: Advocate on your behalf in court, aiming to secure the maximum compensation possible.
How Is Liability Determined in Georgia?
Georgia follows a comparative negligence principle in regard to auto accidents. Typically, we follow a rule known as modified comparative fault, meaning that a car accident victim can only get compensated if the court finds the person was no more than 49 percent responsible for the incident. If you are 50% or more liable, you’re not entitled to compensation.
The following aspects have to be considered in order to determine liability:
- Duty of Care: In this aspect, the party liable for the incident owed a duty of care in what led to the accident.
- Breach of Duty of Care: You also need to show that the other party breached the duty of care. This is usually a failure to do what a reasonable person would do in such a situation.
- Causation: Next, you need to prove that injuries and losses incurred were a direct result of the actions of the other person or entity.
- Damages: Finally, you need to show that the accident resulted in losses or damages.
How Long Do You Have to File a Car Accident Claim in the State of Georgia?
In Georgia, the statute of limitations for filing a car accident claim is two years from the date of the incident. This means that you have up to two years to take legal action against the responsible party for any injuries or damages sustained in the accident.
It’s important to note that this two-year period is designed to give you ample time to recover from any injuries, gather necessary evidence, and seek appropriate legal counsel before initiating a lawsuit. However, it’s advisable to act promptly.
Delaying your claim can result in lost evidence, faded memories, and difficulties in locating witnesses, which can all impact the strength of your case.
Additionally, if the car accident resulted in the death of a loved one, the two-year statute of limitations also applies to wrongful death claims. This period starts from the date of the victim’s death rather than the date of the accident.
In certain situations, the statute of limitations can be shorter. For instance, if you’re filing a claim against a government entity, you might need to adhere to different, often shorter, deadlines and specific procedures.
Given the complexities and potential exceptions to these rules, it’s crucial to consult with a knowledgeable car accident attorney as soon as possible. An experienced lawyer can help ensure that your claim is filed within the appropriate time frame and that you receive the compensation you deserve.
What Should I Do If the Insurance Company Denies My Claim?
What Should I Do If the Insurance Company Denies My Claim?
It is not unheard of for insurance companies to deny claims, particularly after an auto accident. These companies often employ various tactics to avoid making settlements for accident claims. However, you do have options if your claim is denied. Here’s what you should do:
- Review the Denial Letter:
- Carefully read the denial letter from the insurance company. It should provide specific reasons why your claim was denied. Understanding these reasons is crucial to deciding your next steps.
- Gather Evidence:
- Collect all relevant evidence related to your accident. This includes photographs, witness statements, police reports, and medical records. Strong evidence can support your case if you need to appeal the denial or take legal action.
- Consult an Attorney:
- Reach out to an auto accident attorney or a personal injury lawyer. An experienced attorney can review your case, provide legal advice, and help you understand your rights. They can also negotiate with the insurance company on your behalf.
- File an Appeal:
- Many insurance companies have an appeal process. Your attorney can assist you in filing an appeal, presenting additional evidence, and making a strong case for why the denial should be overturned.
- Consider Legal Action:
- If the appeal is unsuccessful, you may need to consider legal action. A car accident lawyer or a personal injury attorney can file a lawsuit against the insurance company to seek compensation for your injuries and damages.
- Understand Your Policy:
- Familiarize yourself with the details of your insurance policy. Knowing what coverage you have and what exclusions apply can help you understand the validity of the denial and prepare your arguments.
- Stay Organized:
- Keep all documentation related to your accident and the claim process organized. This includes correspondence with the insurance company, medical bills, repair estimates, and any legal documents.
Why Do Insurance Companies Deny Claims?
Insurance companies may deny claims for various reasons, such as:
- Policy Exclusions: Certain accidents or damages may be excluded from coverage under your policy.
- Lack of Evidence: Insufficient evidence to support the claim can lead to denial.
- Missed Deadlines: Filing the claim too late can be a reason for denial.
- Disputed Liability: The insurance company may argue that you were at fault for the accident.
How Can an Car Accident Attorney Help?
An attorney experienced in car accident law and personal injury law can be invaluable in these situations. They can:
- Provide Legal Advice: Help you understand your rights and options.
- Negotiate: Communicate with the insurance company to seek a fair settlement.
- Litigate: Represent you in court if necessary to obtain the compensation you deserve.
No uncalled-for damages and injuries should come at the cost of an insurance company’s profit.
Hire a Carrollton Car Accident Lawyer Today!
If you or a family member has experienced an auto accident in Carrollton that resulted in injuries, you may be feeling stressed, overwhelmed, and confused. The aftermath of a car accident can be a difficult time, filled with medical appointments, insurance claims, and financial worries.
We understand the challenges you face after an auto accident. Our team is dedicated to providing compassionate and effective legal representation. We will handle all legal aspects of your case, allowing you to focus on recovery.
However, you do not have to carry the burden alone. Seeking the compensation you are entitled to can help alleviate these stresses and provide the financial support needed for recovery.
Don’t wait to seek the settlement you are entitled to. The sooner you contact a Carrollton car accident lawyer, the sooner we can begin building a strong case on your behalf. With our expertise and dedication, you can navigate this difficult time with confidence.
Simply reach out to Hartley, Rowe & Fowler, P.C. by calling 678-825-6004 today!
