Anyone injured in an accident in Atlanta because of someone’s negligence can receive compensation under state law. However, negligent parties and their insurance companies may contest the claim and fail to provide full compensation. That is when you need an Atlanta personal injury attorney to defend your rights.
Learn more about the damages you can sue for in personal injury claims. Then, talk to a personal injury attorney in Atlanta if you suffered an injury in an accident because of another person’s actions.
Table of Contents
- Have You Hurt An Accident That Wasn’t Your Fault?
- Damages You Can Sue For In An Atlanta Personal Injury Case
- How Are You Paid For Your Accident Injuries?
- How Can You Maximize Your Personal Injury Compensation?
- Who Covers Your Medical Bills While Waiting For A Settlement?
- Do You Need To File A Personal Injury Lawsuit?
- What Is Your Personal Injury Claim Worth?
- Contact An Atlanta Personal Injury Lawyer Today
Have You Hurt An Accident That Wasn’t Your Fault?
If the answer is yes, then you need a personal injury attorney. An attorney is the best way to ensure you receive full compensation in your personal injury case. You must establish liability for an accident to receive compensation, which requires a lawyer.
Typical accidents in the Atlanta area that result in a personal injury claim are:
- Car accidents
- Truck accidents
- Boat accidents
- Motorcycle accidents
- Cycling accidents
- Pedestrian accidents
- Medical malpractice
- Product liability
- Animal attacks and bites
- Slip and fall accidents
An experienced Atlanta personal injury attorney understands how to value your claim and negotiate for a fair settlement. Most injury victims don’t consider hiring an attorney when they should. You may not know the full damages you can sue for in a personal injury case.
Your personal injury lawyer knows roughly what your claim is worth and the damages you may qualify for.
Damages You Can Sue For In An Atlanta Personal Injury Case
You can sue for monetary damages if an accident injures you. In Georgia, you can receive three kinds of damages in a personal injury claim:
Special Damages
Special damages are also called economic damages and include these types:
- Medical expenses: You can run up substantial medical bills after an accident in Atlanta, such as ER, prescription drugs, surgeries, hospitalization, doctor fees, medical devices, and rehabilitation. Your personal injury attorney will work with your medical team to understand your prognosis and future medical needs.
- Property damage: Were you injured in a car accident? If the other driver hits your vehicle, you can receive money for repairing or replacing your vehicle. You may also be entitled to property damage compensation for other accidents.
- Lost earnings: An accident can be so severe that you lose work time because of your injuries and treatments. For example, if you break your arm and leg in a slip-and-fall accident, you can miss months of work time. You should receive compensation for your lost income. A serious injury can result in lost earning capacity compensation, too.
General Damages
General damages are also known as non-economic damages. They are harder to estimate because the amount you may recover is subjective.
A personal injury attorney will fight for the most non-economic damages in these areas:
- Physical pain and suffering: Many serious injuries and treatments may also hurt. You should receive fair compensation for your physical pain and discomfort from your injury, such as a broken leg. The initial pain of the injury was probably intense, and the pain of the injury can extend for months.
- Mental and emotional trauma: Your injury can cause mental and emotional issues, such as anxiety, depression, and even PTSD. A severe injury can cause a loss of functionality and an inability to care for yourself. You cannot care for yourself.
- Reduced quality of life: A severe injury may lower your quality of life because you cannot function at the level you once did. For example, a paralysis injury may leave you where you cannot walk, which reduces your quality of life.
- Permanent disability: You can receive this compensation if you have a permanent injury, such as an amputation or paralysis.
Punitive Damages
You also may receive punitive damages if someone was especially reckless in the accident that injured you. The court intends punitive damages to punish the defendant. These damages are less common than general and special damages.
One of the primary roles of your personal injury attorney is to accurately estimate the amount of your damages from your injury. Then, they will negotiate with the insurance company for a fair settlement.
Your personal injury attorney will usually work with subject matter professionals to understand the full value of your case. For instance, they may retain doctors to testify about your injury, pain and suffering, and prognosis.
How Are You Paid For Your Accident Injuries?
Most insurance companies resolve personal injury cases through a settlement. For example, suppose another Atlanta driver ran a red light, T-boned your vehicle, and broke your collarbone and arm. You recover money for your medical bills, lost earnings, and pain and suffering.
After you sign the settlement documents, the insurance company will send the check or electronic wire to your attorney’s law firm. The law firm will write you a check or wire you the money minus your attorney’s compensation and legal fees. The law firm will mail the check or deposit money in your account within a few weeks.
Your attorney will ensure you do not settle your case before knowing your full damages. If you broke your collarbone and arm, it can take two or three months for your injuries to heal.
Only then will an experienced car accident attorney negotiate for a settlement. They may not settle before you attain your maximum medical recovery. Thus, patience usually leads to more compensation than if you settle too soon.
How Can You Maximize Your Personal Injury Compensation?
Hiring an experienced personal injury attorney is the best way to maximize your personal injury settlement.
To increase the money in your pocket:
- Get medical attention immediately: If you suffered an injury in an Atlanta car accident, you should seek immediate medical attention. Even if an ambulance doesn't take you to the hospital, you should go alone when you leave the crash scene. Getting fast medical attention ensures that doctors treat your injuries. It also shows the insurance company that the accident caused the injuries.
- Collect evidence: After a car accident, gather evidence to give to your auto accident attorney. Evidence can include photos and videos of the crash scene and affected vehicles, witness contact details, and photos of your injuries.
- Tell your insurance company: The other party’s insurance company may have to pay for your injuries. However, you should report the incident to your insurance company after the accident. Auto insurance companies, for example, require injured parties to report any accident in covered vehicles immediately.
- Don’t speak to the other insurance company: The other party’s insurance company may want to talk to you. But you should politely decline and refer the adjuster to your personal injury attorney. The adjuster wants to get a statement from you and use it against you.
Who Covers Your Medical Bills While Waiting For A Settlement?
First, your health insurance may cover most of your medical bills while you negotiate the case, minus your deductibles and copays.
Second, your auto or other insurance may compensate you while negotiating the case. The insurance company can demand reimbursement from the other party’s insurance when the case settles.
Third, your personal injury attorney may partner with local doctors to treat injury victims. The provider may delay compensation until the case settles. This is an important service that many personal injury lawyers provide that can immensely benefit their clients.
Do You Need To File A Personal Injury Lawsuit?
Your case will likely end in a settlement, whether a car accident, truck crash, slip and fall, medical error, or defective product. It’s usually in the interests of both sides to settle the claim and not go to court in a lawsuit. However, you may need to file a lawsuit at times to obtain fair compensation:
There Isn’t Enough Insurance
Many drivers don’t carry auto insurance even though it’s legally required. Your attorney may recommend filing a lawsuit against the liable driver to recover what you owe. Some uninsured drivers may have few assets to seize in a lawsuit, so you should carry uninsured driver coverage on your auto insurance policy.
Low Settlement Offer
The liable insurance company might offer much less than you deserve. This is typical in many insurance negotiations after an accident. Your personal injury attorney is adept at insurance settlement negotiations, but sometimes, the insurance company won’t budge beyond a small offer. Filing a personal injury lawsuit and going to court may be the best choice.
Claim Is Denied
The insurance company may deny your claim. Your personal injury attorney will advise you on whether to file a lawsuit
What Is Your Personal Injury Claim Worth?
Your accident was the other person’s fault, and your attorney is negotiating with the insurance company. How do they know how much your claim is worth? Your personal injury attorney will study several factors to understand its approximate value:
The Severity Of Your Injuries
Personal injury claims with devastating injuries are worth more than minor ones. For example, a spinal cord injury in a truck accident has a higher case value than a broken leg. Severe injuries take much longer to heal, have higher expenses, and may lead to permanent disability.
The Amount Of Insurance
You can have a claim with $500,000. However, if the other driver has only $25,000 of bodily injury coverage, you may not recover everything you deserve. Many people don’t have significant assets, and even if they do, seizing and liquidating them in a lawsuit presents many challenges.
An experienced personal injury attorney will look for any insurance policy covering your losses. Some serious accidents, such as truck crashes, involve multiple liable parties and insurance policies that can compensate you.
Lost Work Time
A severe injury may mean losing extensive earnings from your job. You can lose months or years of earnings if you have a serious injury. You also can recover lost earning capacity if a severe injury prevents you from earning what you once did. A personal injury attorney will rely on economists and occupational professionals to document your future lost earnings.
Liability
You will receive the most compensation if another party is fully to blame for the accident. If you share fault for the accident, the court will reduce your compensation. However, even if you are partially at fault, you can still recover damages depending on the degree of responsibility.
Settle Or Sue
You may receive less money in a settlement than if you go to court and win the case. However, trials are uncertain; you can lose and get zero compensation. That is why most injury victims take a settlement. You will recover a certain amount if you sign a settlement agreement. It might not equal the full case value at trial, but the jury may decide against you, too.
Contact An Atlanta Personal Injury Lawyer Today
After an injury because of someone’s negligence, you need to pay your medical bills. The accident might have knocked you out of work, and you still have daily living expenses.
A personal injury lawyer can recover compensation for your medical bills, lost earnings, and pain and suffering. Call for your free consultation today.