Atlanta Car Accident Lawyers

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Atlanta Car Accident Lawyers

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Car Accident
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Car Accident
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Car Accident

If you’re injured in a crash, it’s crucial to protect your family and finances. Choose an award-winning legal team that will immediately explain your rights, help cover medical expenses, recover lost wages, and secure fair compensation for your pain and trauma.

Find out what steps to take and the potential value of your accident case by getting in touch with us today. Our expert car accident lawyers offer free consultations over the phone, in person, or via email, and will start working on your claim immediately.

No Risk: We require no money up-front and we are not paid a legal fee unless you win money. 

How An Atlanta Car Accident Attorney Can Help You 

Protect Your Financial Future

Our Atlanta Car Accident Lawyers bring over fifty years of combined personal injury experience to the table. With support staff members each boasting over twenty years in the legal field, our firm stands out in Georgia for its depth of expertise.

A seasoned legal team is essential after a car accident to manage medical bills, recover lost earnings—both past and future—and ensure all your financial needs are met moving forward.

Protect Your Legal Rights and Your Family

If you’re involved in a car accident, whether as a driver, passenger, or bystander, you have specific legal rights. If you or a loved one is injured by a reckless or negligent driver, it’s crucial to get medical care quickly and start your insurance claim right away.

Steps to Take After an Accident

  1. Secure a Police Report: Get an official report of the accident.
  2. Preserve Evidence: Keep any evidence related to the accident.
  3. Handle Insurance Calls: Know how to talk to insurance companies.
  4. Get Your Car Fixed: Arrange for repairs to your vehicle.
  5. Document Everything: Keep records of all medical and financial details.

Dealing With Insurance Companies

After a serious car accident, notify your insurance company. You might also hear from the at-fault driver’s insurance adjuster. This is a critical moment because what you say can affect your case.

Your insurance will likely help you, and it’s important to report the accident as your policy probably requires. However, the adjuster from the other party’s insurance may try to minimize your claim.

Don’t Give a Recorded Statement Without Legal Advice

Be careful about giving a recorded statement to insurance adjusters. They might use your words against you. For example, if you say you’re “fine” but later your injuries worsen, the adjuster could claim you’re exaggerating. They might also try to trap you into making mistakes, like guessing speeds or recalling details incorrectly, which could hurt your case.

Our Atlanta Car Accident Lawyers recommend against giving recorded or written statements to the at-fault driver’s insurance adjuster. Instead, let them know your lawyer will be in touch.

Get the Medical Care You Need

It’s important to get medical treatment after a car accident, even if you’re concerned about the cost. Proper medical documentation is essential, as the at-fault party’s insurance might claim that minimal treatment means minimal injury.

If you don’t have health insurance, our skilled lawyers can help you find resources and strategies to ensure your injuries are documented. This minimizes the risk of the insurance company undermining your claim. We’re here to help.

Don’t Settle Your Injury Case Before Speaking to a Local Attorney

Don’t Rush Into Signing a Settlement Agreement

After a car accident, insurance adjusters may seem helpful, but they often push for a quick, low settlement. This can happen before you fully understand your injuries, medical expenses, lost wages, or property damage.

Know Your Damages Before Signing

Don’t sign any settlement release until you’re aware of all your current and future damages. A settlement release is a binding contract. Once signed, it prevents you from claiming more compensation, even if your injuries or losses turn out to be worse than you thought.

First Offers Are Rarely the Best

Insurance companies want to settle claims quickly and cheaply. Be cautious if an adjuster makes you an offer while you’re still receiving medical treatment. Accepting an early settlement or the first offer can mean missing out on the money you rightfully deserve.

The compensation for car accident injuries usually depends on the severity and long-term impact of your injuries. Factors like insurance limits and your attorney’s expertise can also influence the settlement amount.

Hiring a Top-Rated Injury Lawyer Can Benefit Your Case

Handling your car accident case alone is possible, but hiring an experienced Atlanta Car Accident Lawyer often results in receiving more compensation, even after their fees are paid. Insurance adjusters typically offer higher settlements when a lawyer is involved because they know a lawyer can present a strong case as if it were in court. Without a lawyer, adjusters might assume you can’t effectively challenge the insurance company or properly document your losses, leading them to offer less money or delay settlement.

Quick Action Leads to Better Outcomes

Quick actions like fast investigation, timely claims, and immediate medical care can significantly increase your compensation. At Millar Law Firm, we provide practical advice on what steps to take next, including help with medical care if you lack health insurance.

Delays in treatment can be used against you by insurance adjusters, suggesting you weren’t really injured if you wait too long to seek medical help. Prompt treatment and thorough documentation are crucial for strengthening your car accident claim.

Our Investigative Approach

Our firm starts investigating a car accident by establishing fault, obtaining the police report, and gathering evidence such as 911 calls. We interview witnesses and officers, and review your medical history to document the full extent of your injuries. Early and thorough investigation of the accident scene helps us prove the facts of the case and any negligence involved.

  • Take photographs of the scene, including all vehicles involved—cars, trucks, or motorcycles.
  • Conduct interviews with other drivers, passengers, and any eyewitnesses.
  • Secure video footage from traffic cameras, surrounding businesses, and police vehicles.
  • Engage leading accident reconstruction specialists to develop and substantiate your case.
  • Consult with your doctors to document all of your injuries thoroughly.
  • Gather and verify all related medical expenses and lost earnings, both past and future.

Georgia law states that you must prove who was at fault in a collision and that this person caused all your injuries and lost wages. A skilled car accident lawyer will effectively build and present your case, ensuring that all your damages are accounted for.

Proving Your Injuries with Medical Evidence

In cases of negligent or reckless driving, you must prove not only who was at fault but also the full extent of your injuries. This includes showing evidence for all medical costs, such as ambulance fees, hospital stays, surgeries, and any scans like X-rays or MRIs. It’s crucial to establish that all these medical treatments were necessary and directly related to the accident.

Evidence can be presented by healthcare professionals like doctors, nurses, EMTs, or therapists. Often, their testimony in depositions or court is required to detail the medical procedures and their necessity, as the court may not rely solely on the victim’s statements.

Sometimes, you must also prove that your injuries were not pre-existing conditions worsened by the accident. Insurance companies often claim pre-existing minor health issues to deny the severity of accident-related injuries. However, expert testimony can clarify that the injuries are new and caused by the accident.

Negotiating a Settlement

After you’ve recovered or reached maximum medical improvement, the next step is to negotiate a settlement with the insurance company. They often try to minimize payment by claiming injuries were minor or pre-existing. In Georgia, presenting a comprehensive demand package that shows you’re prepared to win in court if necessary is key to achieving a fair settlement.

  • Police and accident reconstruction reports
  • Photographs of your injuries and vehicle damage
  • Detailed medical bills
  • Documentation of lost wages and earnings
  • Special narrative reports from your doctors describing your condition
  • Expert analyses detailing your anticipated future medical needs and economic losses

In Atlanta, insurance companies usually offer a fair settlement only when convinced that you have strong evidence to win in court.

If your case doesn’t settle, the evidence we prepare at The Millar Law Firm can help you win in court. We’re known for securing excellent results both in and out of court.

How The Millar Law Firm Can Assist:

Dealing with Uninsured and Underinsured Drivers: With many uninsured drivers in Atlanta, you could be left without compensation after an accident unless you have uninsured motorist (UIM) coverage. Many don’t realize this coverage is an option, but we check for it in every case.

Challenging Denied Claims: We often encounter cases where insurers deny claims, claiming the at-fault driver’s policy was canceled or excludes the driver. We can fight these excuses, especially if the policy wasn’t properly canceled or if the car was driven by a permitted user.

Finding Doctors Who Will Treat Car Accident Injuries: It’s surprising, but some local doctors and clinics won’t treat injuries from car accidents, and they may also refuse your insurance. If you face this issue, we have strategies to help you get the care you need.

Maximizing Your Settlement: Often, health insurers or workers’ compensation carriers claim a part of your settlement. Not all claims for reimbursement are valid. For example, under Georgia’s “made whole doctrine,” you might not have to reimburse your insurance. We can help determine if such liens are enforceable and fight to keep as much of your settlement as possible.

Types of Car Accident Cases We Handle 

Since 1993, the Firm has expertly represented your neighbors in Atlanta and across the State of Georgia on cases that include: 

Types of Traffic Accidents Handled:

  • Interstate and Highway Accidents: Including collisions on I-75, I-85, I-285, I-16, and other state highways.
  • City Street Crashes: Notably on busy Atlanta streets like Peachtree Street and Buford Highway.
  • Intersection Collisions: Including accidents at stop signs and traffic lights.
  • Vehicle-Specific Incidents:
    • Totaled vehicle wrecks
    • Rear-end collisions
    • Head-on crashes
    • Hit-and-run cases
    • Side-impact and side-swipe incidents
    • T-bone collisions
    • Multiple-car pile-ups
    • Single-vehicle accidents
    • Vehicle roll-over cases

Special Cases:

  • Wrongful Death
  • Paralysis
  • DUI/Drunk driving injuries
  • Distracted driving cases
  • Negligence and careless driving incidents
  • Speeding and reckless driving
  • Road rage and aggressive driving attacks
  • Phantom vehicle crashes (with or without contact)

Common Causes of Accidents:

  • Failure to yield
  • Failure to maintain lane
  • DUI/Drunk driving

Interstate Highway Crashes

Interstate crashes in Georgia are often severe due to high speeds, long-distance driving, and drivers crossing through states like Florida, Alabama, Tennessee, and South Carolina. Fatigue, falling asleep at the wheel, and distractions like phones are common causes. These crashes usually result in serious injuries or fatalities but also often have eyewitnesses because of the heavy traffic. After an accident, it’s crucial to gather 911 call logs and recordings, as they can provide witness accounts even if the witnesses didn’t stop at the scene.

City Street and Roadway Crashes

Most car accidents in Atlanta occur on city streets and roadways, frequently caused by distractions like texting or eating while driving. While traffic cameras at intersections might help, many aren’t recording. After an accident, it’s important to obtain traffic camera footage, the police report, and any available body camera recordings or 911 records.

Intersection, Stop Sign, and Traffic Light Collisions

Accidents at intersections or involving stop signs and traffic lights often involve disputes over who had the right of way. Gathering evidence such as traffic light sequences from transportation departments or electronic data from the involved vehicles can help prove fault. If a driver received a ticket and paid it, that payment could be considered an admission of guilt and used in your case.

Wrecks Involving Totaled Vehicles

A vehicle is considered totaled when it’s either completely destroyed or when repairing it is more costly than replacing it. If your vehicle is totaled, take photos immediately, as insurance companies will likely compensate you for the vehicle before taking it away.

Rear-end Collisions

Rear-end collisions commonly cause injuries like whiplash, brain injuries, and broken bones. Symptoms may not appear immediately, leading some to initially refuse medical care. If symptoms develop later, it’s important to seek medical care promptly. Delaying can lead the insurance adjuster to claim that the injuries aren’t serious, which can complicate your claim.

Hit-and-Run Cases

Hit-and-run cases are common in Atlanta. Often, drivers flee the scene and may later falsely claim they weren’t driving or that their vehicle was stolen before the accident. These lies can be exposed by checking police and 911 records to confirm whether the vehicle was reported stolen before the crash. If the fleeing driver is caught, they may have to pay punitive damages. If they aren’t found, your uninsured motorist coverage might cover your damages.

Head-on Crashes

Head-on crashes are typically caused by severe distractions, drunk driving, reckless behavior, or losing control of the vehicle. Sometimes, drivers who cause and survive these crashes blame unforeseen events like poor road conditions or claim a sudden medical emergency. However, these defenses can be challenged by reconstructing the accident, analyzing data from the vehicle’s black box, checking weather conditions, and reviewing the driver’s medical records to determine if there was a genuine medical issue or just an excuse.

Fatal or Paralyzing Crashes

Cases involving wrongful death or paralysis should be handled by law firms with the necessary experience, resources, and expert contacts. In Georgia, claims may involve proving who was at fault and estimating the economic impact of the loss of life or long-term care costs due to paralysis. Experts like life care planners and economists are often needed, and our firm routinely invests significant resources in such experts.

Side-Impact and Side-Swipe Incidents

Side-impact and side-swipe accidents can vary from minor to severe, where one vehicle drags another, causing significant injuries. These accidents may occur due to driver inexperience, error, or even aggressive driving, potentially leading to punitive damages.

Failure to Yield or Maintain Lane

Accidents caused by failing to yield or maintain a lane often happen when a driver pulls out in front of another or makes an illegal turn. Winning these cases can depend on eyewitness accounts or evidence collected at the scene.

DUI/Drunk Driving Injuries

Injuries from DUI or drunk driving often result in severe consequences for the victim, while the intoxicated driver might sustain minor injuries. Police evidence from these incidents is crucial for pursuing civil cases, where settlements tend to be larger due to the reckless nature of drunk driving.

Distracted Driving

Distracted driving includes not just illegal phone use but also other distractions like GPS usage, eating, adjusting music, or other negligent behaviors. These cases often involve proving the distraction led to the accident.

Speeding and Reckless Driving

Speeding or reckless drivers sometimes blame external factors like road conditions, but the reality might be excessive speeding. Proving fault can involve accident reconstruction or eyewitnesses.

T-bone Collisions

T-bone collisions often result in serious injuries as victims are protected only by a car door. Examining the crash worthiness of the vehicles and airbag deployment might be necessary.

Multiple-Car Incidents

Multiple-car pile-ups can occur in high-speed or heavy traffic situations. Determining fault might involve analyzing the number of impacts felt and examining the damage to the vehicles.

Single-Vehicle Accidents

Single-vehicle accidents might be caused by defects like tire failures or mechanical issues. These cases may require expert analysis of the vehicle and scene to determine the cause of the accident.

Road Rage

Road rage and aggressive driving incidents are increasingly common in Atlanta and throughout Georgia. Our law firm has successfully handled many of these cases, often securing punitive damages for our clients, along with the usual compensatory and economic damages typical in injury cases.

Phantom Vehicle Crashes

In Georgia, crashes involving phantom vehicles, which may or may not make contact with your car, can be covered by uninsured motorist policies. Proof of the incident, like contact with another vehicle or a witness statement, is needed.

Contributory and Comparative Negligence

Sometimes, the victim may share some responsibility for an accident but can still recover damages. Under Georgia’s contributory and comparative negligence laws, you can receive compensation even if you were partially at fault, as long as your share of the blame is less than fifty percent.

Other Automobile-Related Practice Areas

Automobile Products Liability

We handle cases involving vehicle defects, ranging from faulty manufacturing to design or repair issues. We’ve worked on cases against major manufacturers like Honda-Acura, Ford, General Motors, Toyota, Nissan, and Chrysler-Jeep. These cases often begin with a serious crash and may require investigating potential vehicle defects like seatbelt malfunctions, airbag failures, tire blowouts, seat-back failures, or brake malfunctions.

Car Accident Injuries We Handle

At The Millar Law Firm, we handle a range of injuries from car accidents, fighting insurance companies that try to minimize compensation. Here’s how we prove them:

  • Neck and Whiplash-Type Injuries: Common in rear-end collisions, these can cause long-term damage to discs or ligaments. Despite insurers’ claims of minor inconvenience, these injuries must be taken seriously.
  • Back Injuries: Damage to the back can cause acute and chronic pain. Insurers often claim these injuries were pre-existing, but immediate medical documentation can prove otherwise.
  • Amputation Cases: Severe accidents can lead to amputations. We confront every excuse by at-fault parties trying to dodge responsibility. Expert testimony about the necessity of amputation and the ongoing costs of prosthetics is crucial.
  • Leg and Knee Injuries: Insurers often dismiss knee injuries like meniscus tears or ligament ruptures as pre-existing. However, medical expert testimony can link these injuries directly to the accident.
  • Hand and Foot Injuries: These injuries can be debilitating and may lead to long-term conditions like arthritis. Immediate medical examination can provide evidence of nerve damage and other issues.
  • Internal and Abdominal Injuries: Injuries to internal organs are complex and can lead to significant settlements due to their serious nature.
  • Shoulder Injuries: Symptoms of shoulder injuries like rotator cuff tears might not appear immediately. We handle cases involving shoulder dislocations, impingement, and surgeries, ensuring that delayed symptoms are recognized and compensated.

We are committed to helping victims receive the justice and compensation they deserve, addressing each case with detailed attention to prove the full extent of injuries caused by the accident.

Soft Tissue Injuries

Soft tissue injuries, while often not considered serious by insurance adjusters, can be very painful and might indicate a more serious condition. Symptoms like bruising, swelling, and lumps should be checked by a doctor, as they could hint at fractures or herniated discs. It’s important to photograph any visible injuries, such as bruises from seat belts, which are common in severe crashes. These photos are crucial evidence; without them, it’s tough to prove the extent of your injuries to an insurance adjuster or a jury.

Spinal Cord Injuries

Handling spinal cord injury cases, especially those involving paralysis, requires expert legal skills. Our office has represented many paraplegic and quadriplegic clients. We collaborate with doctors and life-care planners to understand how the injury affects the client’s life, including future medical costs and potential income losses. Paralysis may lead to lifelong medical needs, costing millions. While some individuals manage to return to work, often it’s in a limited capacity, impacting their earnings.

We work with top medical professionals from facilities like the Shepard Center and Emory University to evaluate and address our clients’ ongoing needs.

Wrongful Death

In cases of wrongful death, even when fault is clear, the loss to the deceased’s family is profound. Surviving family members can seek compensation for the full value of the deceased’s life. Our firm has secured millions for families of wrongful death victims, ensuring they receive the justice and support needed during such difficult times.

Head and Brain (TBI) Injuries

Head and brain injuries, including traumatic brain injuries (TBI), can occur in both high- and low-speed car accidents. Symptoms like headaches, dizziness, changes in memory or personality should be checked by a doctor immediately. TBIs can be confirmed through clinical exams and diagnostic tests like MRIs, with evidence often supported by specialists like neurologists. Remember, there’s no such thing as a “minor” brain injury. Symptoms such as loss of senses, confusion, or difficulty with everyday tasks indicate serious issues and require prompt medical attention.

Facial Injuries

Facial injuries such as bruising or a black eye could indicate a broken jaw or fractured orbital bone. These injuries can happen from airbags or the steering wheel, even if you’re wearing a seatbelt. To counter claims from insurance adjusters who might say you weren’t buckled up, car data can prove you were wearing a seatbelt.

Fractures and Broken Bones

Fractures from car accidents can lead to high-value claims, especially if surgery to implant pins, plates, or reconstruct joints is needed. Such injuries are permanent and may cause ongoing pain and limitations. Even less severe fractures, like stress fractures, should be taken seriously and discussed with your doctor if you experience persistent pain.

Chest Injuries

Chest injuries, such as a broken sternum or ribs, can be extremely painful and debilitating, sometimes leading to complications like a collapsed lung. Despite potentially low medical bills, the pain from these injuries is significant. Insurance adjusters may downplay these injuries, but testimony from medical professionals can highlight their severity and impact on your life.

Other Injuries

Our firm handles all types of injuries from car accidents, including crush injuries, road rash, burns, lacerations, shoulder injuries, and more. We collaborate closely with your doctors and analyze accident details to ensure you receive the compensation you deserve for all injuries sustained.

Damages and Compensation Available for Atlanta Car Accident Victims

Your Damages: Recovering Maximum Compensation

In Georgia, you’re entitled to recover damages after a car accident. This includes compensation for current, past, and future medical expenses, pain and suffering, and other losses, even if your health insurance has covered some costs, although subrogation may apply.

Most cases are settled out of court, allowing you to recover damages through settlement negotiations. However, if a settlement isn’t possible, you can pursue full compensation through legal action. To achieve maximum compensation, it’s crucial to compile all medical and economic evidence and present it to the insurance adjuster in a settlement demand. If settlement talks fail, filing a lawsuit might be the next step.

The amount of compensation you can receive generally depends on the total of your medical bills, the duration of your suffering, and whether your injuries are permanent. Cases involving permanent injuries or where a doctor has issued an impairment rating often qualify for higher compensation. If your injury is permanent, obtaining an AMA disability rating might be necessary to secure the highest level of compensation.

Types of Legal Recoverable Damages:

  • General Damages: Compensation for non-economic losses such as physical pain, suffering, and loss of life quality due to the accident.
  • Special Damages: Covers all medical expenses, both past and future, as well as lost wages and earnings.
  • Punitive Damages: Aimed at punishing or deterring the at-fault driver, especially in cases of egregious negligence like DUI, hit-and-run, or road rage.
  • Future Losses: May include costs for upcoming surgeries or losses from having to retire early due to severe injuries.

Proving Your Non-Economic Damages in a Car Accident Case

In Georgia, compensation for non-economic losses, like pain and suffering from serious auto accidents, can be negotiated with insurance adjusters or determined by a jury. These damages are meant to cover both short-term and long-term impacts on your life enjoyment, whether from temporary pain or permanent disability.

To establish these losses, medical records and testimony from healthcare professionals like doctors, nurses, or therapists are used. Visual exhibits might also be shown in court to illustrate the extent of injuries or treatments. Additionally, testimonies from non-professional witnesses such as family, friends, or colleagues can highlight changes in your life post-accident. In cases involving a spouse, damages for loss of companionship, or “loss of consortium,” are typically supported by the spouse’s or family members’ statements.

Recovering Your Economic Damages After a Vehicle Accident

Economic damages, or special damages, include calculable losses from the accident. You or your attorney can tally up these costs, which might include lost wages from missing work. In more complex scenarios, future financial losses might require calculations from economic experts or medical professionals.

If your vehicle or other property was damaged, these economic damages also cover repair costs or the fair-market value of a total loss. These amounts are usually estimated through reports from body shops, appraisers, or insurance companies.

Additionally, special damages can cover lost income, future earning potential, and anticipated medical expenses, such as surgeries or therapy needed later on.

Recovering Punitive Damages in a Georgia Road-Wreck Case

In Georgia, punitive damages in car accident cases are not guaranteed and typically require proof of gross negligence. These damages may be awarded during a trial or included in a settlement if the at-fault driver acted in an especially harmful way, such as driving under the influence of drugs or alcohol, driving recklessly, or committing a hit-and-run.

To claim punitive damages, you must show that the driver’s behavior was malicious, violent, oppressive, wanton, or showed a willful disregard for safety. In some situations, this type of behavior is assumed, especially if the driver was grossly negligent, like driving while intoxicated or using the car to intentionally cause harm.

Evidence such as police reports, witness accounts, and video footage from police cars can be crucial in proving your case. If the driver has a history of similar offenses, such as multiple DUIs, this can also strengthen your claim for punitive damages, serving both to punish the driver and deter similar future behavior.

Understanding the Fundamentals of Car Accident Court Cases

Going to Court Over a Car Accident: Is a Lawsuit Necessary?

Most car accident cases, if they’re well-prepared and backed by necessary medical documentation, settle without needing to go to court. However, if there are complex medical issues or disagreements about the facts, or if the insurance adjuster makes a low offer, going to court might be necessary.

In such cases, our attorneys will discuss your options and prepare you for what comes next. Even if a lawsuit is filed, it’s rare for these cases to actually go to trial. With thorough preparation and assertive legal action, many suits are settled when the insurance company decides to make a better offer.

If your case does go to trial, The Millar Law Firm is ready to support you. We have a strong track record, with over 100 cases tried to verdict, and even judges have referred cases to us after seeing our work.

What Happens When a Case Goes to Trial?

Before a trial starts, attorneys will meet with the judge to decide which issues will be addressed and which evidence will be allowed. A jury is selected through a process called Voir Dire. The trial itself might last from a day to over a week, depending on the case, with the jury ultimately deciding on the damages.

Jurors often wonder who pays the verdict. In car crash trials, it’s almost always covered by insurance, even though the word “insurance” may not be mentioned during the trial due to Georgia’s Rules of Evidence.

At our office, we don’t take frivolous cases to trial. That would waste everyone’s time and insult the intelligence of the jury. We believe in reducing the number of lawsuits and only pursuing the most deserving cases.

If I was injured in a car accident but didn’t seek treatment immediately, will the insurance company or a jury think I’m not really hurt?

Some people might feel pain right after a car accident and get treatment immediately, while others might not feel hurt right away or might delay getting medical help due to fear of doctors, cost concerns, or lack of health insurance. It’s common for the at-fault driver’s insurance company to claim that you weren’t seriously injured if you didn’t seek immediate medical attention. However, a brief delay in seeking care (a few days or less) can usually be justified in court, as many jurors understand that injury symptoms can appear hours or days later. Also, it’s wise to avoid discussing your health on social media after an accident, as comments like telling your mom you’re “fine” on Facebook can be used against you in your injury case.

How Long Does a Typical Car Accident Case in Atlanta Take? 

In Atlanta, you should wait to settle your car accident injury claim until after your medical treatment is complete and you understand your future medical needs. Typically, cases settle within two or three months after your medical care concludes. However, if there are disputes about the facts of your case or the insurance company refuses to offer a fair settlement, a lawsuit might be needed. Such lawsuits usually take one to two years to go to trial in the Atlanta area. Once a settlement is agreed upon, payments are generally made within weeks or months, although sometimes they are spread out over time.

What is Mediation, and How Does it Work in Atlanta? 

Mediation, also known as Alternative Dispute Resolution (ADR), is a process in Georgia where both sides of a legal case meet to try to negotiate a settlement. It involves the injured person and their attorney on one side, and the defense lawyer and insurance company representatives on the other, with a neutral mediator who helps both sides discuss and exchange settlement offers. Mediation can be chosen voluntarily or can be required by the court.

The Monetary Value of an Atlanta Car Accident – Financial Recovery 

Determining the value of your Atlanta car accident case involves looking at several factors. Start by adding up your medical bills, property damage, lost wages, and assessing the severity and permanency of your injuries. Under Georgia law, you can be compensated for both economic losses (like past and future expenses from the accident) and non-economic losses (such as ongoing pain and suffering). Cases with temporary injuries might not be valued as highly as those with permanent injuries.

An experienced car accident attorney can often give you a rough estimate of your case’s value during an initial free consultation. The estimate might not be precise at first, as it depends on your recovery progress, available insurance, and the at-fault driver’s history. Our legal team aims to handle cases that we believe will result in a positive outcome for you.

Caps on Punitive Damages

Regarding punitive damages in Georgia, there is a cap of $250,000 on awards in personal injury cases, except in cases involving drunk driving. There are no caps on compensation for general and special damages, which cover pain and suffering and actual economic losses.

Proving Your Injuries and Recovering Money After a Car Accident 


While money can’t bring back happiness after a car or truck accident, it can certainly help you recover. We support you throughout this process, keeping you informed and involved every step of the way. Many of our clients have received significant financial compensation, which has greatly alleviated their stress and burden.

What Can You Recover After a Car Accident?

If another driver is found at fault in an accident that injures you, you’re typically entitled to recover damages. These may include special damages (financial losses like medical bills and lost wages), general damages (for physical and emotional pain), and sometimes punitive damages. Punitive damages are awarded in cases of gross negligence, such as reckless or intoxicated driving, to punish the wrongdoer and deter similar actions.

How to Handle Car Repairs or Replacement in Atlanta

If your car is totaled in an accident in Atlanta, you’re entitled to the fair market value of the car in the local area, not necessarily what you paid or owe. The value is determined based on local prices, and considers factors like mileage, condition, and features. You can claim compensation for repairs or replacement either through the at-fault driver’s insurance or your own insurance, which might require you to pay a deductible initially. If you weren’t at fault, your insurance company should seek to recover this deductible from the at-fault driver’s insurer and reimburse you, which could take several weeks to months.

How Our Atlanta Car Accident Lawyers Build Strong Car Accident Claims

In a Atlanta car accident injury case, the injured person, or plaintiff, has the responsibility to prove all aspects of their claim. This includes showing that the other driver was at fault and that all medical treatments, bills, and other expenses were necessary due to the accident.

Evidence for a Atlanta Accident Claim

Evidence that can support a car accident claim includes photos, drone footage, witness statements, police reports, video from nearby businesses or dash cams, measurements of the accident scene, skid marks, phone recordings, vehicle inspections, data from the car’s electronic control module, emergency response records, and cell phone records.

Preserving Evidence After a Car Accident

To preserve evidence, take photos of the accident scene and vehicle damage immediately. Also, document your injuries extensively from the start and as you heal. For evidence you don’t control, like surveillance footage or vehicle data, you can send a letter requesting the preservation of evidence. If someone destroys evidence after receiving such a request, they could be penalized for destroying evidence. If you’re concerned about evidence preservation, it’s wise to consult with an experienced personal injury lawyer.

Insurance-Related Car Accident Questions

What Does Liability and Automobile Liability Insurance Mean?

Liability means who is at fault in a car accident. Automobile liability insurance is the coverage that protects the driver or vehicle owner when a claim is made, covering costs for accidents where they are at fault.

Georgia Automobile Insurance and UIM Limits

In Georgia, all drivers must have at least $25,000 per person and $50,000 per accident in insurance coverage for injuries and property damage they cause. Georgia law also requires that you either decline uninsured/underinsured motorist (UIM) coverage in writing or purchase it up to the liability limits.

Will My Insurance Rates Increase After an Accident or if I Use My UIM Coverage?

In Georgia, your insurance rates cannot legally increase if the accident was not your fault, even if you use your uninsured or underinsured motorist benefits.

What if an Uninsured Motorist Hits Me?

If an uninsured vehicle hits you, you can try to get payment from the driver who caused the accident. This could involve demanding payment or suing for your medical costs, lost wages, and pain and suffering. However, if they don’t have insurance, it might be hard to collect your damages. If you have UIM coverage, you can also file a claim with your own insurance. A UIM policy covers you when the at-fault driver lacks sufficient insurance. It’s wise to have a car accident attorney review your policy to check for UM coverage and understand its limits.

Why is my health insurance company asking questions about my car accident?

If you’re involved in a car accident in Georgia and you get hurt, it’s common for your health insurance company to ask about the accident. They do this because if another driver was at fault, you have the right to seek payment from that driver for your medical expenses, lost wages, and pain and suffering. If the at-fault driver doesn’t have insurance or doesn’t have enough insurance to cover your costs, and you have uninsured or underinsured motorist (UIM) coverage, you can make a claim under your own car insurance. This UIM coverage helps pay for your damages when the other driver’s insurance isn’t sufficient. It’s a good idea to have a car accident lawyer review your insurance policy to see if you have this coverage and understand how much protection it offers.

Georgia Car Accident Lawsuit Laws and Regulations

Understanding Car Accident Claims in Georgia

Georgia is an “at-fault” state, which means that the driver responsible for an accident must pay for any damages. This includes compensation for injuries, lost wages, and vehicle damage.

Statute of Limitations for Personal Injury in Georgia

In Georgia, you have two years from the date of a car accident to settle your claim or file a lawsuit. If you don’t act within this period, you might lose your right to seek compensation. There are exceptions to this rule, so it’s wise to consult a personal injury lawyer if you’re approaching or have missed the two-year mark.

Requesting Cell Phone Records in Georgia

You can only request the cell phone records of another driver through legal means if you’ve already started a court case. If you need these records urgently, consider filing a lawsuit soon after your accident. Another approach is to formally request that the at-fault driver or their insurer preserve their phone records and other relevant evidence for potential litigation. Failing to preserve such evidence can lead to civil penalties.

Using Subpoenas in Car Accident Cases

Once a lawsuit is filed in Georgia, you can use subpoenas to gather evidence or witness testimony. There are two types: witness subpoenas, which require someone to testify in court or at a deposition, and evidence subpoenas, which are used to collect documents or items related to the case. This might include police reports, GPS data, or maintenance records.

Accidents Involving Out-of-State Drivers

If you’re hit by a driver from another state in Georgia, you can still file a claim against them. Such cases can often be settled, but if a lawsuit is necessary, it can be filed in the county where the accident occurred or where you live. Thanks to Georgia’s long-arm statute, you can serve the lawsuit directly to the out-of-state driver.