When everyone else said there wasn't precedence for my case, Stewart Miller Simmons Tria Attorneys jumped right in and got the job done. Their commitment to ensuring justice was served was unparalleled. I am grateful for the professionalism and care that Attorney Chri Stewart and Senior Paralegal Keisha Owens displayed. I highly recommend this firm.
Miss Cheryl Henderson was very professional when I contacted the law firm about the accident that I was involved in. She did such a great job that the next accident I was involved in, I had no doubt who I was going to call.
No matter how safe of a driver you might be, you can’t always avoid motor vehicle accidents. Every time you get on the road, you’re at risk of being in an accident. And the stakes are high. Even the smallest of accidents can have serious consequences. Those consequences can affect you for the rest of your life.
Fortunately, there is help available. If the other driver is responsible for the accident, you could receive compensation for it. If you bear some responsibility for the collision or for the severity of your injuries, your damages award could be reduced under Georgia’s comparative fault law. Your own liability does not necessarily mean that you will not be able to obtain any damages, but your damages award could be reduced by your portion of fault.
A motor vehicle accident lawyer in Atlanta can help you receive money for your medical bills and more. Stewart Miller Simmons Trial Attorneys wants to walk you through the process. With our help, you could relieve your financial burden.
How Can You Get Compensation for Your Accident?
After a serious car accident in the Atlanta area, it can be difficult for an injury victim to know what their options might be for seeking financial compensation, and whether or not they are likely to obtain the money they need to help cover medical expenses, lost wages, and other losses associated with the injury in the collision.
It is important to know that there are a variety of factors that can affect your eligibility to receive compensation, and thus the particular facts of your case will be critical in determining the likelihood that you will obtain the money you need.
Your ability to negotiate can also affect the amount of money you are ultimately offered as compensation, and thus it is critical to have an experienced Atlanta car accident attorney on your side.
The following are some of the questions you will want to consider as you begin the process of seeking financial compensation after an Atlanta motor vehicle collision.
Do You Have a Car Accident Lawyer to Help You Negotiate an Insurance Settlement Offer?
The first step you will likely take in seeking financial compensation for injuries sustained in a car accident is to file an auto insurance claim. Assuming you were not responsible for the accident, under Georgia’s auto insurance law, you can file a first-party claim through your own auto insurance company, or you can file a third-party claim through the at-fault driver’s insurance company.
Most people rely on their insurance companies to get them through their car accident. However, this isn’t always the right choice. You should go into the insurance claims process with a clear understanding about the insurance company’s end goals: the insurance company is concerned with its own bottom line and will want to pay out as little as possible. For this reason, insurance companies often hesitate to give you the amount of money you deserve.
To be sure, the insurance company—even if you are filing a first-party claim through your own insurer—is not on your side and is NOT an advocate for you.
Even in cases where the insurance company offers a seemingly fair settlement based on liability insurance coverage amounts and other factors, that settlement offer might not be enough to actually cover all of your losses, and you may be entitled to more compensation.
For that reason, you might need to go elsewhere for compensation. If the other driver acted in a negligent or reckless way, they are to blame for the accident. You could file a personal injury lawsuit against the other driver.
You should begin working with a car accident attorney as soon as possible who has experience negotiating auto insurance settlements. Working with a skilled injury attorney will greatly improve your chance at receiving money for your medical bills, missed wages, and pain and suffering. A successful lawsuit could end with a settlement or court decision in your favor. Either way, you won’t be left to bear the burden of your expenses alone.
Has the Statute of LimitationsRun Out?
If you plan to file a lawsuit, you will only be eligible to obtain compensation if the statute of limitations has not yet run out on your case.
According to Georgia’s personal injury statute of limitations, most car accident lawsuits must be filed within two years from the date of the collision. Failure to file a lawsuit within that time window can result in a claim becoming time-barred. Once your claim is time-barred, you will not be able to obtain damages by filing a civil lawsuit.
Who is at Fault?
If you’re seeking compensation for motor vehicle accidents, the biggest hurdle is assigning blame. You need to prove that the other party is liable for the accident.
This means showing that the other party was negligent in some way. For instance, you need evidence showing that the other driver should have had a duty of care, but they breached that duty of care. Then, you need to prove that the incident was the cause of your damage or injury.
In some situations, both parties are to blame for the accident. But you could still be eligible for compensation – as long as the other party has the majority of the blame. You just won’t receive the full amount of compensation. Instead, you’ll get a percentage of it.
What Are Some Common Causes of Car Accidents in Atlanta, GA
Car accidents happen for a variety of reasons. But more often than not, they are a result of reckless behavior or negligence. Here are some of the more common causes of accidents:
1. Bad Weather
In Atlanta, the average rainfall is 49.74 inches a year. If you’re driving on a particularly rainy day, there is a high risk of an accident. Although you can’t blame the weather for your accident, you might be able to blame the other driver. In adverse conditions, drivers should proceed with more care and caution. If a driver is speeding or driving aggressively in bad weather, they could be liable for the accident.
2. Bad Roads
In some situations, another driver isn’t responsible for the accident. However, another entity might be. If the government fails to repair hazardous road conditions, they then take the blame for the accident. This is also true for construction crews that leave roads with hazards on them or poor signage.
3. Drunk Driving
When driving on the weekends or at night, you need to be vigilant for drunk drivers. Drunk driving is a common cause of accidents and frequently involves fatalities. If a drunk driver causes your accident, you could file a personal injury claim against them.
4. Distracted Driving
Have you noticed how many drivers stare at their phones while they drive? Unfortunately, this isn’t a safe practice. It often results in car accidents. In Georgia, there are laws in place to protect your from distracted drivers. You can seek compensation for your accident.
5. Aggressive Driving
Some accidents are results of aggressive driving. While rushing to get in front of the pack, a driver might cut you off or sideswipe your vehicle. This type of behavior is reckless, and the driver should be held accountable for their actions.
Hire an Experienced Atlanta Car Accident Lawyer
Filing a successful lawsuit is no easy task. If you have questions about seeking compensation after a car accident, or the likelihood that you will obtain a settlement or damages award, you should speak with our Atlanta car accident attorneys today. We understand what it takes to get results and can fight for your rights. By working with us at Stewart Miller Simmons Trial Attorneys, you can take the necessary steps to obtain a full and fair compensation for your car accident injuries.