Each year, more than 130,000 people are injured in car accidents throughout the state of Georgia. This includes motorists, pedestrians, and those on bicycles. Some of these accidents involve other passenger vehicles while others involve commercial delivery vehicles like tractor-trailers. Our job as Kennesaw car accident lawyers is to ensure that you are compensated fairly by the at-fault driver’s auto insurance policy. Insurance companies do not want to pay out more money than they have to. Regardless of how good your case is, you can expect the insurance company to offer you a small fraction of the total value. The attorneys at the Roger Ghai Law Offices can help you maximize your recovery.
What Happens After a Car Accident?
Car accidents are not everyday events for most people. Most people find themselves in a state of shock after the car accident happens. The savvier among us might have the presence of mind to use our phones to snap photos of the damage, license plates, and even witnesses. When surveillance footage is available, this can help sort out what happened.
Directly after a serious car accident, the police will generally arrive and take statements from both drivers and witnesses. If either you or the other driver requires medical care, ambulances will arrive to take you away. Doctors will tend to your injuries, stabilize you, but in the most serious cases, you will require a period of rehab. In some cases, you will need time away from work. You’ll have bills piling up and your financial stability may depend on the timely receipt of your insurance settlement. Don’t think for a second that the insurance company isn’t aware of that.
You’ll find yourself caught between two different kinds of pressure. The first pressure will be your immediate need for compensation. On the other hand, a first offer is unlikely to be anything close to what you could get if you hire an attorney to litigate the case for you. You will only get one chance to maximize your settlement.
How a Skilled Kennesaw, GA Car Accident Attorney Can Help
If you’ve been involved in a car accident, it’s more than likely that the allegedly at-fault driver’s insurance company will attempt to make contact with you. You don’t want to speak to them. Their job is not to “help you get your money.” It’s to pay you as little as possible to resolve the claim. The insurance company will ask you loaded questions to trip you up and compromise the value of your claim. Unless you fight, you will only receive a fraction of the total value of what you’re owed.
On the opposite side, your car accident attorney’s job is to ensure that you are compensated for all of your damages. This includes both economic damages related to your medical expenses and loss of earned income and noneconomic damages such as pain and suffering and loss of enjoyment.
Calculating Damages in a Car Accident Claim
Damages in a car accident claim include both economic and noneconomic damages. Economic damages are those that can be easily quantified. They include:
- Medical expenses related to the accident;
- Lost wages that resulted from your injury; and
- Any out-of-pocket expenses related to the accident.
Essentially, if the accident cost you any money, you deserve to have that money reimbursed. Noneconomic damages, on the other hand, reimburse you for the inconvenience of having to go to the hospital, pain and suffering related to your injuries, emotional trauma, and your inability to enjoy your life fully while recovering.
Noneconomic damages are more difficult to calculate. Typically, this is done on a per diem basis. For instance, if you suffered severe pain due to broken ribs, had trouble sleeping, and had trouble breathing, you would be entitled to recover money damages based on that. A jury would assign some amount per day for compensation, and multiply that amount by the number of days you experienced that pain.
The Causes of Car Accidents
The number-one cause of car accidents this day and age is distracted driving. This includes driving under the influence of drugs and alcohol. More than ever, there are a number of distractions that split a driver’s attention between the road and something else. These include cell phones, texting, vehicle entertainment systems, and more.
Drivers are expected to follow the rules of traffic and exercise a reasonable duty of care to ensure the safety of other drivers, pedestrians, and cyclists. When they fail in this duty of care, they are responsible for paying damages to the injured party.
This is known as a negligence claim. In order to prove negligence, an injured party must show that the defendant violated their duty of care and that the injured party’s injuries resulted from that violation. A skilled Kennesaw car accident attorney can help you file that claim.
The Other Driver Is Claiming that I’m At Fault
When fault is contested, as it often is, a determination must be made by a jury or through the settlement process to determine which party was at fault and to what extent. Here, juries can assign fault as some percentage. For instance, you can be held 25 percent at-fault for an accident and still recover 75 percent of your total damages. However, if the jury finds that you are 50 percent at fault for the accident or more, then you are barred from recovering any damages.
Talk to a Kennesaw, GA Car Accident Attorney Today
If you’ve been injured in a car accident, you want to start the claims process early. When you hire an attorney, all communications from the insurance company are handled by your attorney. You do not have to worry about saying the wrong thing and you can focus on your recovery. For those with serious injuries, having an attorney litigate your claim is important. The stakes are quite. Talk to the Roger Ghai Law Offices today for a free consultation.