Car crashes may seem commonplace – until one happens to you. When it does, you are suddenly thrust into a new reality of pain, trauma, medical bills, police reports, insurance adjusters, missed work, and more.
These issues linger long after the police have left, the debris is swept up, and the wrecked cars are towed away. You might feel like no one has your best interests at heart – certainly not the insurance companies.
A good lawyer can make all the difference. At Butler Kahn, it is our job to help people who have been hurt in car crashes in Roswell and surrounding areas of Georgia. You get just one chance to bring your claim, so make it count.
Whenever you feel ready to talk about your situation, we are ready to hear from you. Call us or contact us online for a free claim review and analysis.
Do You Need a Lawyer for Your Car Accident Claim?
Whether you hire a lawyer to help with the aftermath of a car accident in Roswell or anyplace else is 100% your decision. If you weren’t hurt and the only problem is the damage to your car, you may not need a lawyer. But if you’ve been hurt, it’s usually a good idea. While insurance adjusters for the at-fault parties will encourage you to deal with them directly and might act as though they have your best interests in mind, don’t be fooled. The insurance company is in business to make money. The adjusters are trained to use your statements and any other evidence they can find to minimize what they pay you. The less money the insurance company pays you, the more money it keeps for itself.
Car accident claims are often complex matters that require investigation and legal analysis from a trained professional. To build a strong case, you might need to include testimony from expert witnesses and loss valuation analysts, among others. If you’re dealing with severe injuries and are trying to get back on your feet after the crash, you should be focused on your recovery, not being outgunned while fighting an insurance company.
Let our experienced injury attorneys handle all of the legal legwork for you while you focus on getting better. Our objective is to do everything in our power to seek the maximum amount of compensation possible for your claim, so you can rest easier knowing you have a professional on your side.
Was Your Accident Caused by Someone Else?
Injury accidents are always traumatic events, but when someone else’s negligence caused the crash, the frustration the victim feels can be amplified even further. If someone else was reckless, careless, or otherwise negligent, and their actions caused you harm, you have a right to be compensated for what you’ve been through, and for what you will go through, as a result.
Some examples of negligence on the part of other motorists include:
- Distracted driving
- Texting and driving
- Driving under the influence of alcohol or drugs
- Drowsy driving
- Speeding, tailgating, or otherwise driving aggressively
- Driver error
- Failure to yield the right-of-way
- Failure to stop at a stop sign or stoplight
- Failure to properly maintain the vehicle
In some cases, liability for an accident might fall on a company or government agency. For example, an injury accident could be caused by:
- Defective design or assembly of a vehicle or part
- Failure to issue a recall in a timely manner if a part is defective
- Dangerous road design
- Failure to maintain the road
- Traffic signal issues, including faulty design or timing
Our Roswell car accident lawyers are prepared to work to identify any and all responsible parties, and can aggressively seek compensation for the harm you’ve suffered and other losses you’ve incurred.
Were You Hurt?
If you are involved in a crash in Roswell, the most important thing you can do is to seek medical treatment right away. The initial shock and rush of adrenaline that you feel in the immediate aftermath of a collision could mask severe injuries, so if you have been hurt, get medical attention right away.
A thorough medical exam could uncover latent injuries that could become very serious if left untreated. For example, internal bleeding, brain injuries, and organ damage may not immediately present symptoms at the scene of a crash.
Do You Have Medical Expenses?
For many accident victims, the costs of treatment after the crash can be staggering. Victims are often forced to deal with:
- Emergency treatment and hospitalization
- Follow-up consultations with specialists
- Physical therapy and rehabilitation
- Psychological therapy to address post-traumatic stress symptoms
- Home accessibility modifications
Because injury accidents often leave victims unable to return to work – sometimes permanently – the mounting medical bills could prove to be financially crippling to victims and their families unless they can recover fair compensation from the responsible party.
What Compensation Can Be Recovered in a Car Accident Claim?
Some of the most common types of compensation car accident victims could be eligible to recover include payment for:
- Physical pain and emotional distress
- Medical bills
- Cost to repair or replace a damaged vehicle
- Lost wages
- Diminished future earning capacity
- Loss of enjoyment of life
- Loss of consortium
- Home accessibility renovation costs
- Physical therapy and in-home care
There are no damage caps imposed in Georgia personal injury cases, with the exception of one particular category of compensation. Punitive damages could be awarded in car accident cases under limited circumstances where egregious behavior caused a crash. Under such scenarios, according to O.C.G.A. § 51-12-5.1, victims may not receive an amount greater than $250,000 in punitive damages in most cases (although there are exceptions).
How Fault Is Determined for a Car Accident
Georgia follows a doctrine of modified comparative negligence in determining compensation in car accident claims. As provided by O.C.G.A. § 51-12-33, this means that to obtain financial recovery, the plaintiff must be less than 50% at fault for the crash.
It is also important to note that damage awards are reduced proportionally to the plaintiff’s degree of fault. As such, an accident victim who was determined to be 30% to blame in the incident will see their final damages reduced by that percentage.
While fault is sometimes clear in specific cases, it might be more challenging to prove in others. It is not uncommon for the other side and their insurance representatives to try to pin the blame on you to get out of paying for your injuries and other losses. That’s why it is crucial to hire an experienced attorney who can gather the evidence necessary to show that the other party was at fault.
Common Car Accident Cases We Handle
At Butler Kahn, our attorneys have seen it all. Here are just a few examples of the many types of crashes that occur in Roswell:
- Head-on collisions
- T-bone collisions
- Rear-end collisions
- Single-vehicle accidents
- Multi-car pileups
- Crashes at intersections
- Accidents caused by defective parts
- Accidents caused by defective roads
We know the impact that a severe injury accident can have on your life and livelihood. We help victims who’ve suffered injuries such as:
- Traumatic brain injuries (TBI)
- Spine and back injuries
- Spinal cord injuries, including partial and total paralysis
- Internal organ damage
- Broken or fractured bones
- Cuts and lacerations
- Scarring and disfigurement
What to Do After a Car Accident to Protect Your Rights
Though the moments, hours, and days following an accident can be a blur of confusion, there are certain steps victims can take that could improve their ability to obtain compensation for their losses.
In the immediate aftermath of an injury accident, it is essential to contact law enforcement officials so that a police report is generated and filed.
If possible, it is also a good idea to take pictures of the accident scene itself, including any damage to vehicles or other property. Gathering contact information from eyewitnesses to the crash is another great way to preserve real-time reactions and perceptions of that occurred, because even the best police officers are sometimes unable to talk to every witness – and if a witness’s contact information isn’t written down, the witness may be lost forever. Get the contact information for anyone who saw the crash so that they may be interviewed again later.
Document all of the symptoms you’ve experienced and seek prompt medical treatment. The main reason to do this is so that you can heal and recover for your injuries. Secondarily, the medical documentation of your injuries will be important to proving your case.
Make sure to document all hours you have missed from work due to the accident, tally lost wages, and document any on-the-job duty limitations you might have. These records will provide additional support for your claim.
How Long After a Car Accident Can You Claim Compensation?
The legal system provides injury victims the right to seek compensation for losses caused by the negligence of others. However, the time period to do so is limited, so it is crucial to take timely action.
Under O.C.G.A. § 9-3-33, claimants in Georgia must file suit within two years of the date of the crash. This time limit also applies to wrongful death claims filed by surviving family members who’ve lost loved ones in accidents in Georgia.
If you fail to file a lawsuit before the statute of limitations runs out, the court will be barred from hearing your case. Only very narrow and rare exceptions may apply to extend the deadline.
Get Help from a Roswell Car Wreck Lawyer Now
If you’ve been hurt in a car accident, don’t give up hope and don’t give in to the insurance companies. The car accident attorneys at Butler Kahn fight for the rights of people who’ve been hurt in Roswell and surrounding areas of Georgia. We’re ready to go to work for you.
It costs nothing to speak with us about your case. Whenever you are ready, call us or contact us for a free consultation to find out about your legal options.