Injured or a loved one killed in an Atlanta Car Accident and Need a 5-Star Attorney? Contact The Millar Law Firm now.

How Our Atlanta Car Crash Attorneys Can Help You Today

If you’re injured in a crash in Atlanta, GA, it’s necessary to protect your family and finances. The Millar Law Firm’s car crash attorneys are an award-winning legal team that will immediately explain your rights, help find ways to cover your medical care expenses, recover your lost wages, and secure fair compensation for your pain and trauma.

Whether you have had a car, truck or motorcycle accident in or near Atlanta, call or contact our law firm today and find out what steps to take and the potential value of your accident case. Our expert car crash attorneys provide free consultations over the phone, in person, or via email, and will start working on your claim immediately.

Table of Contents

How We Protect Your Financial Future

Our car crash attorneys 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 Atlanta, GA, 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 in Atlanta, GA, 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 is important to get medical care quickly and start your insurance claim right away.

Dealing With the 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.

Protect You From Giving Statements that can Damage Your Case

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 car crash attorneys recommend against giving recorded or written statements to the at-fault driver’s insurance adjuster. Instead, let them know your attorney will be in touch.

Encourage You to Get the Best Medical Care

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 attorneys 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 Cash a Check Until You Speak with an 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. Insurance limits and your attorney’s expertise can also influence the settlement amount.

Reasons You May Need a Car Crash Attorney

How Hiring a Top-Rated Injury Attorney Can Help Your Case

Handling your car accident case alone is possible, but hiring an experienced crash attorney often results in receiving more compensation, even after their fees are paid. Insurance adjusters typically offer higher settlements when an attorney is involved because they know an attorney can present a strong case as if it were in court. Without an attorney, 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.

Fast Action Can Result in a Higher Settlement of a Georgia Personal Injury Claim

Quick actions like fast investigation, timely claims, and immediate medical care can 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 useful for strengthening your car accident claim.

How We Prove Your Case

Our Approach to Investigating Your Case

Our firm will immediately begin to investigate your case by obtaining the police report, and gathering evidence such as 911 audio recordings, law enforcement body cams, surveillance video, and on-site investigation when necessary. Our process includes working with accident reconstruction experts, investigating officers, and you medical team to determine the full extent of your injuries. Our typical investigation includes:

• Taking photographs of the scene, and all vehicles involved, whether those be cars, trucks, or motorcycles.
• Conducting interviews with passengers and eyewitnesses.
• Obtaining and viewing video from traffic cameras, police vehicles and surrounding businesses.
• Working with leading accident reconstruction experts to prove your case.
• Meeting with your treating medical doctors to understand and document your injuries fully.
• Gathering all medical bills and expenses and evidence of lost earnings, both past and future.

Proving Your Injuries Using Medical Evidence

In the State of Georgia, a victim of negligent or reckless driving, must prove not only who was at fault but also the full extent of all injuries claimed. Evidence that will prove your case includes ambulance fees, hospital bills, surgical costs, and tests like X-rays or MRIs. Our attorneys and your medical team will work together to prove that all medical treatments were necessary and directly related to your accident.

Evidence can be presented through medical records and using the testimony of healthcare professionals like doctors, nurses, EMTs, or therapists. Medical testimony is often developed and preserved in depositions, and occasionally live testimony in court, wiht the objective to detail the medical care and procedures and why your care was medically necessary.

Negotiating Your Settlement

Once you have recovered or reached maximum medical improvement, our next step is usually to begin to negotiate a settlement with the insurance company. Insurers often attempt to resist or minimize payment by claiming your injuries were minor, exaggerated or are pre-existing. We counter these tactics with a comprehensive demand package, often including medical reports or narratives, showing that you are prepared to take the defendant and their insurance company to court, if necessary. This is often one of the best ways to receive a fair settlement.

Settlement demand packages normally include:

• Police reports and accident reconstruction analysis
• Photographs of the injuries and your vehicle damage
• Your medical bills
• Documentation and reports showing your lost wages and earnings
• Medical and narrative reports from your doctors describing your treatment and condition
• Estimates of 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. Our demand packages are designed to show the insurance company you mean business. In Georgia, a detailed demand package is often the best way to achive a full and fair settlement.

How The Millar Law Firm May be Able to Assist You:

Locating Uninsured and Underinsured Motorist Coverage: With many uninsured drivers in Atlanta, it is important to determine if you have uninsured motorist (UIM) coverage. Don’t take your insurance company’s word for ot. Many drivers don’t realize they have this coverage, therefore, we check for it in every case.

Finding Doctors Who Will Treat Car Accident Injuries: It can come as a surprise, but in the Atlanta, Georgia area, some local doctors and clinics refuse to treat injuries from car accidents, and they may also refuse to accept your insurance. If you face this problem, we may be able to help. With over 31 years of experience, we have developed strategies and advice that is likely to get you the medical care you need.

Preserving and Maximizing Your Funds After Settlement is Reached: Often, health insurers or workers’ compensation carriers attempt to lay claim to a part of your settlement. This is known a lien or subrogation. However, not all insurance or provider claims for reimbursement are valid. For example, under Georgia’s “made whole doctrine,” you might not have to reimburse a health insurance company. Our staff can help determine if claimed liens are enforceable and will fight to help you keep as much of your settlement as possible.

Types of Traffic Accidents We Handle

• 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

Car, Truck and Motorcycle Accident Cases We Routinely Handle

• 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)

Interstate Highway Crashes

Interstate crashes in Georgia are often severe due to high speeds, long-distance driving, and drivers crossing through Georgia from Florida, Alabama, Tennessee, and South Carolina. Fatigue, falling asleep at the wheel, and distractions like phones are common causes. These crashes often result in serious injuries or fatalities but also often have eyewitnesses because of the heavy traffic. After an accident, 911 call logs and recordings are requested, 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 and near Atlanta occur on surface city streets and roadways, frequently caused by distractions like texting or eating while driving. While traffic cameras at intersections might help, many of these cameras are live feeds and are not recording. Those that are recording, are often available only for a limitede period of time. 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, herniated or bulging disks, brain injuries, and broken bones. Symptoms may not appear immediately, leading some to initially decline medical care. If symptoms develop later, it’s important to seek medical care promptly. Delaying care 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. Somedrivers 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 the necessary 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 injuries ranging from small to catastrophic. These accidents may occur due to driver inexperience, error, or even aggressive driving, which may lead to an award of 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 necessary 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 that include 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 Rag Cases and Incidents

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.

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 can be used to prove the claim.
• 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 bigger 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 Injury Cases and Claims

Soft tissue injuries are often very painful and may be an indication of an even more serious condition. For example, symptoms like bruising, swelling, and lumps should be checked by a doctor, and could hint at fractures or herniated discs. We recommend that you photograph any visible injuries, such as bruises from seat belts. Injury photographs can be important evidence, allowing you to prove the extent of your injuries to an insurance adjuster or a jury long after you have healed.

Spinal Cord Injury Cases

Handling spinal cord injury cases, especially cases involving paralysis or severe disk injuries, requires experience and legal expertise. Our office has represented many paraplegic and quadriplegic clients. We collaborate with doctors and life-care planners to understand how an injury can affect your life, including the amounts of future medical costs and income losses. Paralysis often means lifelong medical needs, potentially costing millions of dollars. While some individuals manage to return to work, often it’s in a limited capacity, with diminished earnings.

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

Georgia Wrongful Death Cases

Even when fault is clear, in any wrongful death your and your family’s loss is profound. In Georgia, surviving heirs and the estate can seek compensation for the full value of the deceased’s life. The Millar Law Firm has recovered millions for families of wrongful death victims, ensuring you receive justice and support during this difficult time.

Head and Brain (TBI) Injuries

Head and traumatic brain injuries (“TBI”), are known to occur in both high- and low-speed car, truck and motorcycle accidents. Concussion-like symptoms such as headaches, dizziness, changes in memory or personality should be checked by a doctor immediately. TBIs can ofen be detected and confirmed through clinical exams and diagnostic tests like MRIs, with evidence often supported by specialists like neurologists. In our experience, there is no such thing as a “minor” brain injury. Any symptoms such as confusion, dizziness or difficulty with everyday tasks should be taken seriously and checked with prompt medical attention.

Facial Injury Claims

Facial injuries such as bruising or a black eye could indicate a broken jaw or fractured orbital bone. Facial injuries can can happen from airbags or from direct contact with the vehicle’s interior such as the steering wheel, dashboard or door panel. To counter claims from insurance adjusters who might say you were not buckled up, Georgia law does not allow insurance companies and civil defendants to argue that you were or were not wearing a seatbelt.

Cases Involving Fractures and Broken Bones

The Millar Law Firm routinely handles cases involving fractures caused by car, motorcycle and truck accidents. Many of these cases result in high-value claims, especially if surgery to implant pins, plates, or reconstruct joints is needed. Such injuries can result in permanent and ongoing pain and limitations.

Painful Chest and Rib Injuries

Motor vehicle accidents resulting in chest injuries can be extremely painful and debilitating. In cases of broken or cracked ribs, the amount and type of medical care may be limited, but in such injuries the pain is tremendous. Insurance adjusters often try to downplay these injuries based on the relatively small size of the medical bills.

Other Injury Cases and Claims We Accept

Our auto accident attorneys at The Millar Law Firm in Atlanta handle all types of injuries from car and truck accidents, including crush injuries, road rash, burns, lacerations, shoulder injuries, eye injuries, and more.

Damages and Expenses You May Recover

What Expenses and Damages Can I Recover In an Atlanta Car Accident?

Recovering Maximum Damages and Compensation

In Georgia, you may be entitled to recover damages after a car accident that was not your fault. Compensation may include current, past, and future medical expenses, pain and suffering and other losses. You may rcover damages even if your health insurance has paid some or all of the costs of your medical care, although subrogation (reimbursement of medical insurance to the health insurance carrier) may apply.

Many properly worked-up cases are settled without a lawsuit being filed, allowing you to recover damages through settlement negotiations. However, if a settlement is not reached, a lawsuit can be filed allowing you to seek full compensation in a Georgia court room.

The amount of compensation recovered generally depends on type of injury suffered (permanent and catastrophic injuries generally have the highest value), the total of your medical bills, the duration of your suffering, and the amount of insurance available or, in some cases, whether the defendant has the resources to pay a large settlement or judgment. Cases involving permanent injuries or where a doctor has issued an AMA impairment rating often settle for higher amounts.

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 used to prove 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.

How it Works if My Atlanta Car Accident Claim Has to Go to Court

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.

FAQS That Clients Ask Our Attorneys

Will the insurance company or jury doubt my injury if I didn’t get treatment right away?

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.

What Is the Monetary Value of an Atlanta Car Accident and Financial Recovery?

Determining the value of your Atlanta car accident case requires the review and evaluaton of 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. We will seek to be as transparent as possible as your case progresses.

What Are the 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.

What Evidence is Used to Prove Injuries?

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 full and fair 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 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 Does Our Law Firm Build Strong Legal 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 auto wreck attorney.

FAQS About Auto Insurance

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.

What Georgia Laws and Regulations Apply to Car Accidents?

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. If your accident happened in Atlanta, GA the at-fault driver and their insurance company would be responsible for covering the financial damages.

Statute of Limitations for Personal Injury in Georgia

In Atlanta, GA, 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 auto wreck attorney if you’re approaching or have missed the two-year mark.

Requesting and Using Cell Phone Records in Georgia to Prove Your Case

We are often asked about using cell phone records to prove the at-fault driver was talking on the phone when he or she caused a crash. It is important to request that the other driver preserve their phone and phone records. However, it may not be possible to force another driver to produce those records if you’ve already started a court case. If you need these records urgently, consider filing a lawsuit soon after your accident. Failing to preserve evidence such as cell phone records can lead to civil penalties.

Use of Subpoenas in Car Accident Cases

Once a lawsuit is filed in Atlanta, GA, parties can use subpoenas to gather evidence or witness testimony. There are two types of subpoenas: 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, maintenance records or business records.

Georgia and Atlanta Car Accidents Involving Drivers from Another State

If you were hit in Georgia by a driver from another state, you can still make a claim or file a lawsuit against them. Such cases can often be settled. However, when a lawsuit is necessary, it can often be filed in the county where the accident occurred or where you live. Under Georgia’s long-arm statute, you can often hold an out-of-state driver accountable for their negligence.