If you were injured in a car crash, you may have the right to receive compensation for your economic and non-economic damages. While filing a claim is a straightforward process, winning it is not so simple. You will need an experienced Atlanta car accident lawyer at GMV Law Group to help you secure the fair compensation you deserve.
Here is how an attorney helps you during this challenging time.
1. Finding Necessary Evidence
In some cases, the basic evidence you have – the police report, photos, and videos – is not enough to determine who was at fault for the crash. In situations of poor visibility (accidents at night, for instance), this kind of evidence is not very relevant.
A lawyer knows how to find evidence that can win your case, based on your description of the crash. For example, if you say that you saw the other driver with the mobile phone in hand just before the crash, the attorney will request their phone log from the mobile carrier. Or, they can request a copy of their traffic violations, to prove that the driver has a history of negligent driving.
As a private citizen, you do not have the right to seek and obtain such evidence.
2. Proving the Other Driver’s Fault
Georgia uses a comparative negligence principle to determine who has the right to collect damages after a car accident. Only the driver who is less than 50% at fault is eligible to file a car accident claim. Moreover, their actual damages will be reduced by their percentage of fault.
This is why determining the exact proportion of fault for each driver is essential. Naturally, the other driver’s insurance company will try to increase your percentage of fault as much as possible, because they would end up paying less.
However, an experienced lawyer knows how to present the available evidence and bring arguments that establish your actual proportion of fault. As a side note, cases when you are found 0% at fault are very rare, so do not be alarmed when your attorney starts evaluating your fault.
3. Evaluating Your Damages
One of the most important reasons why you should talk to an Atlanta car accident lawyer is to know how much you are eligible to receive as damages after a crash. Many people are not aware of all the types of damages they can include in a letter of demand.
In car accident cases, there are two types of damages: economic and non-economic. Economic damages refer to actual and future financial costs and losses you suffered as a result of the accident:
- Medical care costs
- Lost wages
- Cost to repair or replace your damaged car
- Costs with physical therapy, counseling, or professional rehabilitation
- Costs with ongoing nursing care (if the accident results in severe disabilities)
- Loss of earning potential
Non-economic damages compensate you for the physical pain, emotional trauma, and mental anguish you experienced as a result of the crash. They are calculated in two ways:
- Per diem method: a fixed daily amount is multiplied by the number of days you spent in hospital and rehabilitation care
- The multiplier method: your economic damages are multiplied by a factor between 1.5 and 5, depending on the severity of your injuries
4. Negotiating with the Insurance Company
As we explained at the beginning of this article, the difficult part of a car accident claim is winning it. Without a lawyer, you are at the mercy of an insurance adjuster – and they show no mercy. Their purpose is to find reasons to deny or reduce the value of your claim. They will do this by:
- Offering you a lowball settlement amount
- Making you admit fault for the accident
- Persuading you that you do not have a valid claim
An attorney knows how to negotiate with insurance companies. They use their experience, the available evidence, and in-depth knowledge of personal injury law to obtain the best result. In most cases, lawyers can get a fair settlement through negotiations, without having to file a lawsuit and go to court.
Discuss Your Case with a Skilled Atlanta Car Accident Lawyer
Getting fair compensation after a car crash is not easy. However, if you have an experienced Atlanta car accident lawyer by your side, your chances improve tremendously. At GMV Law Group, we know all the tricks insurance adjusters use and how to counter them.
So do not waste valuable time. Get in touch with us as soon as possible after your accident and schedule a free case review with one of our lawyers! Call us at 404-975-4878 today.
