Why a Lawyer Might Benefit You When You’re Not at Fault

Key Points

• It’s important to find a lawyer who knows Georgia’s car accident laws well and can use them effectively in your case to help you get money for the accident.
• Even if your case seems simple, the insurance company has its own group of lawyers trying to find reasons to not pay you or to pay you less, whether you settle or go to court.
• To get money for a car accident, you need strong proof that the other driver caused the crash and that you didn’t. You also need detailed records that show how badly you were hurt to get the money you deserve.
• A skilled lawyer can help you get a better settlement by standing up to the insurance company’s tricks and figuring out the truth about the accident.

Table of Contents

If you’ve been involved in a car accident that wasn’t your fault, you might assume that navigating the claims process will be straightforward and result in a fair settlement from the other driver’s insurance company. However, it’s important to recognize that insurance companies have their own interests at heart and may seek to deny or reduce compensation even in cases where the other driver was clearly at fault.

In these situations, hiring a lawyer can help level the playing field and ensure that your rights are protected. In this article, we’ll explore why hiring a lawyer might benefit you even when you’re not at fault for a car accident, and how legal representation can help you obtain the compensation you deserve.

Secure Your Compensation: How Car Accident Attorneys Combat Insurance Defenses in Georgia

Understanding and applying Georgia’s relevant laws is critical for filing a claim after a car accident. By hiring an experienced accident attorney, you are enlisting support from a legal expert with in-depth knowledge of these laws and how they could impact your particular case.

Even clear-cut cases can encounter heavy resistance from insurance companies since they frequently employ skilled, in-house attorneys to defend against your claim. These attorneys aren’t just employed in the courtroom; they often advise the company behind the scenes  to deny claims or offer reduced compensation during settlement proceedings.

Insurance attorneys excel at leveraging minor mistakes or details to their advantage in order to minimize payouts. A common defense strategy is to argue that the victim contributed to the accident through actions such as speeding or inattention. In essence, they claim that the crash could have been avoided or its impact lessened had the victim acted differently. As Georgia follows a comparative negligence rule, any degree of fault attributed to you can reduce your compensation, and if you are found to be 50 percent or more at fault, you may be ineligible for recovery.

Insurance companies may also claim that the victim failed to mitigate their damages, meaning they took actions that exacerbated their injuries, such as delaying medical treatment, ignoring doctor’s advice, or engaging in physical activities before fully recovering. If the insurer can identify even a minor mistake (e.g., missing a follow-up appointment) or grounds to dispute part of your claim (e.g., comparative negligence), your compensation settlement may be significantly reduced.

Collecting Evidence for a Winning Legal Claim

Getting money for a car accident case needs strong proof to support your claim. You have to show clear evidence that the other driver caused the accident and you were not at fault. Even if you believe the other driver clearly caused the accident.

Many people don’t know what evidence is good or bad for their case. Putting together the right proof can be more complicated than it seems, and there’s a lot to consider. Important evidence includes the police report, pictures of the accident and the cars involved, driver information, statements from witnesses, videos from nearby cameras, and any reports the other driver made about the accident.

It’s also important to collect evidence about your injuries and costs from the accident. This can include medical bills for your emergency room visit, ambulance ride, doctor appointments, surgery, and physical therapy, as well as expert opinions about your long-term health, treatment, ability to work, and changes in your lifestyle. You should also gather documents that show how much money you’ve lost or will lose because of the accident.

Hiring an Attorney May Enhance Your Pursuit of Greater Compensation

Insurance companies often try to minimize payouts. Even when their client was clearly at fault. A knowledgeable lawyer can help you build a strong case and negotiate with insurers, potentially resulting in a higher settlement.

A good, experienced lawyer will go after pain and suffering compensation, that alone will increase your payout. Pain and suffering are often not paid out unless you hire a lawyer who will go after it. 

A good lawyer will also identify if the insurance company is acting in bad faith. If bad faith is identified, more compensation is possible.

Punitive Damages May Be Awarded in Accidents with Obvious Fault by the Other Driver

In some car accidents, if the other driver acted badly or carelessly, they might have to pay punitive damages instead of compensatory damages. A good example would be a DUI accident.

Punitive damages differ from compensatory damages because they don’t cover the victim’s losses. Instead, they punish the driver who caused the accident and try to stop others from acting the same way. Of course, not all accidents lead to punitive damages, but if the other driver was clearly at fault because they were careless, did something on purpose, or acted aggressively, they might have to pay these extra damages.

If you do not hire a lawyer, the insurance company will not add punitive damages to the claim check. This is because insurance companies don’t punish themselves; this is why injured parties file for  punitive damages. 

A Personal Injury Lawyer Will Establish the Complete Financial Impact of the Accident

Even when fault is clearly in your favor, determining and establishing the full extent of the accident’s costs can be challenging. By hiring a personal injury lawyer, you can be confident that you will have a better chance of receiving full compensation for the costs associated with the accident. These expenses may include:

• Rental car expenses
• Uber/Lyft expenses
• Lost wages
• Expenses for rehabilitation services
• Expenses for doctors and specialists
• Trauma, pain and suffering

If you choose not to hire a lawyer, simply because you and the insurance company know you were not at fault, you risk missing out on recovering some of these expenses. 

An Additional Advantage of Hiring an Attorney: Negotiation Skills

Negotiating on your own can be a stressful experience, especially if you have never dealt with an insurance company before regarding a substantial personal injury settlement. Insurance companies are experts at negotiating and will often attempt to lowball you on your settlement offer. They may also try to exploit your inexperience and persuade you to accept a settlement that is less than you deserve.

If you want to negotiate directly with an insurance company, you should know the risks involved. You may want to hire an attorney specializing in personal injury law to help you reach a fair settlement. He or she can help you understand your rights, safeguard your interests and achieve the best possible outcome for your particular case.