A car crash could instantaneously change a person's life. Whether a life-altering injury or a close-call car wreck leaves you with permanent emotional trauma, car accidents often cause severe damage. If you suffered physical, emotional, or financial harm, Georgia law gives you the right to seek fair compensation from the driver who caused your crash. Do not pay for care, car repairs, or other losses you didn't cause.
Determining how to move forward after an accident is not always easy. Legal recovery may be possible by seeking insurance relief or suing the at-fault driver. A Marietta car accident lawyer from our firm can provide you with legal assistance. As seasoned car accident attorneys, the Atlanta Personal Injury Law Group is ready to help you negotiate your recovery with an insurance carrier or a judge and jury.
Marietta Car Accident Guide
Insurance and Settlements After a Marietta Car Accident
One of the first avenues that a car accident victim might travel to gain compensation is through insurance. Each state typically has minimum requirements for liability coverage, and Georgia is no exception. All Georgia automobile drivers must carry at least $25,000 for one person injured or deceased, $25,000 for property damage, and $50,000 for total injury or death for more than one person in a single accident.
Those who suffer injuries and damages in a car accident can pursue compensation through this basic coverage for property damage, medical bills, and other economic damages. Georgia is a fault state regarding auto insurance, meaning that claimants may seek compensation by filing an insurance claim against the at-fault driver's policy. However, insurance adjusters frequently undervalue automotive accidents, and you may find that the insurance coverage payout they offer you is insufficient to meet your expenses after a serious car accident.
Insurance companies may negotiate more seriously with a claimant threatening to bring legal action. Settlements usually start with the claimant submitting a demand letter to the insurance company that outlines the facts of the case and asks for a certain amount in damages.
If they do not settle, the claimant could file a lawsuit and seek court damages. Our team's knowledgeable car collision lawyers can assist you throughout this process.
Legal Damages for Car Accidents in Marietta
Injured parties may seek economic, non-economic, and punitive damages in car accident cases. Economic damages are monetary expenses and losses incurred in an accident.
Examples of economic damages include:
- Medical expenses
- Out-of-pocket expenses
- Lost wages, income, and earnings
- Property damage
- Future care costs, income loss, and more
Non-economic damages are intangible losses that do not have a set dollar amount, such as pain and suffering or emotional distress the accident caused.
Punitive damages are less common but may be available under certain circumstances. Punitive damages, also known as exemplary damages, punish a defendant for their conduct.
Georgia Law makes punitive damages available only when clear and convincing evidence of the defendant's actions amounts to:
- Willful misconduct
- Conscious indifference to consequences
Generally, punitive damages come as a part of a verdict and court award from a judge or jury—therefore, a case may need to go to trial to receive these damages. Punitive damages are rare in car accident cases since most stem from mistakes made behind the wheel. If our attorneys think your case might include punitive damages, we can discuss the pros and cons of trying the case in court.
Wrongful Death in a Marietta Traffic Accident
At Atlanta Personal Injury Law Group, our lawyers have the experience necessary to take on these complex cases. Georgia law allows the personal representative of a fatal car accident victim—typically the executor or administrator of the person's estate—to pursue compensation in a wrongful death action.
The beneficiaries of a wrongful death claim or lawsuit are the immediate family members most affected by the victim's death, such as the surviving spouse, children, parents, or siblings.
The proceeds of this type of case could include compensation for both economic and non-economic losses, including:
- Medical bills
- Funeral, burial, or cremation costs
- Other related expenses
- Loss of income and benefits
- Loss of services
- Non-economic losses suffered by family members, such as grief, loss of companionship, and more
You do not have to try to manage a wrongful death case on your own as you grieve. Our team can ensure that you have representation and protect your legal rights throughout this process. Learn more during a complimentary case review.
How Much Is a Marietta Car Accident Case Worth?
Many car accident victims accept a lowball offer from the insurance company because they do not fully understand the losses associated with their case. The insurance companies know this is a possibility, so they often prepare a quick offer in the first days or weeks after a crash.
This tactic is effective and beneficial for insurers because:
- The victim wants a quick resolution to their crash case
- The amount of the offer seems like a lot for a lump sum payment
- The victim doesn't yet know the total value of their damages
Accepting this offer is never a good idea unless you discuss it with an attorney first. In most cases, the attorney will advise you that you should wait until your injuries heal, and you have a better idea of the potential value of your case. Damages are often much higher than victims realize. Accepting an early settlement could leave you paying for your care out of your pocket.
Calculating a Fair Settlement Value for Your Case
When our car accident attorneys represent a Cobb County crash victim, we calculate a fair settlement value for the case before demanding compensation for the client.
We do this by gathering:
- Estimates for car repair or replacement
- Expert testimony from doctors and economists about the long-term impact of your injuries
This process ensures that both attorney and client know when an insurance company is offering a fair settlement agreement and when we should continue negotiations. Our lawyers use proven techniques to pursue the compensation our clients deserve based on their documented losses.
We believe that negligent drivers should be held responsible for crash-related expenses, not their victims. We are ready to fight for compensation for you based on the facts of your Cobb County car accident claim.
Our Traffic Accident Attorneys Know How to Prove Collision Cases
Our car accident lawyers have years of experience investigating crashes and proving negligence to recover fair compensation for our clients. We know what types of evidence and documentation we may be able to use to show negligence and liability.
To build a case, our team can:
- Obtain relevant documents
- Identify and interview witnesses
- Work with experts
- Survey the accident scene
- Reconstruct the crash
These actions allow us to identify, collect, and analyze evidence supporting your claim or lawsuit.
The available evidence differs in each motor vehicle accident, but some common examples include:
- The accident report filed by law enforcement officers at the scene
- Eyewitness statements
- Data from the accident reconstruction
- Physical evidence, such as the damaged vehicles
- Photos or video footage of the accident
- Medical records
- Statements from doctors, economists, and other experts
- Receipts, bills, and further proof of damages
Negligence is the cause of most traffic accidents. When a driver runs a red light, they are negligent. Did they fail to yield before turning left on green? Negligent. Was the driver intoxicated at the time? Drunk driving accidents all involve negligence.
Negligence takes place when:
- The driver must keep others on the road safe, usually established by traffic laws or other regulations
- The driver fails to uphold their duty, often by violating traffic laws
- Their action or inaction causes an accident
- The victim suffers harm, including physical injuries, financial losses, and more
When we have the evidence to show a driver acted negligently, we can generally recover compensation for our clients through car accident claims or lawsuits. We must show the insurer or judge and jury that the at-fault driver caused the accident and your injuries. We must also show the damages you suffered.
Causes of Marietta Car Crashes
While pursuing compensation for our clients requires us to prove that negligence occurred, we must dig deeper. We need to understand how an accident occurred and the actions the at-fault driver took to cause it.
In general, there are five types of traffic accidents:
- Side-impact or T-bone
What led to any crash depends on the unique facts of the case. No two stories are the same.
The careless or reckless action the driver took behind the wheel that led to the collision could include:
- Violating a traffic sign or signal, such as running a red light
- Failing to yield when turning or entering traffic
- Crossing over the center line
- Changing lanes without looking first
- Failing to maintain a lane
- Violating the posted speed limit
- Driving too fast for road conditions
- Distracted driving
- Drunk or drugged driving
- Fatigued or drowsy driving
Busy Roadways in Marietta and the Surrounding Areas
Car accidents are common in Marietta, partially because of overcrowded roads and heavy traffic. The entire Atlanta area grew exponentially and expanded north into Cobb County over the last few decades. Engineers did not design streets for the traffic they now carry, leading to never-ending construction, congestion, and an increased risk of crashes.
In addition to four major interstate highways—I-75, I-575, I-285, and I-20—Cobb County has several major U.S. and state highways, including:
- Alabama Road (S.R. 92)
- Austell Road (S.R. 5)
- Barrett Parkway
- Canton Road Connector
- Cobb Parkway (U.S. 41)
- U.S. 278
Our Firm Is Here for You After a Car Accident
Imagine you suffered injuries when a driver ran a red light at Cobb Parkway and Windy Hill Road. An ambulance took you to Wellstar Kennestone Hospital, where you had surgery to repair your broken leg. The insurance company totaled your vehicle, and you missed six weeks at work. This is where the team at Atlanta Personal Injury Law Group comes in.
Whether you were involved in an interstate crash, divided highway accident, or intersection collision, our team can help you understand your rights and pursue compensation on your behalf. We have recovered compensation for clients in Cobb County, Fulton County, and many others. Book a free consultation with a car accidents lawyer and see how we can help your personal injury claim generate a positive outcome for you.
Our Marietta Car Accident Attorneys Can Handle Your Case From Start to Finish
We happily provide free case reviews that allow accident victims to learn their options for seeking and securing compensation after a Marietta car crash. We can explain how the claims process works and how our attorneys help clients like you get justice.
When clients trust us with their cases, one of our most important tasks is protecting their right to fair and just compensation. Insurance companies often try to convince accident victims to settle for less than they deserve, reduce the value of their claim, or take other steps to pay out as little as possible. We handle all communication with the insurer for this reason.
We also carefully investigate the accident, taking steps to develop a strong argument to show the insurer or court that you deserve fair compensation.
- Gathering evidence
- Documenting damages
- Determining an estimated settlement value for the case
- Preserving evidence held by the liable party, if necessary
- Demanding compensation from the at-fault driver's insurer
Navigating the Claims Process After a Car Accident
If we work together, you can count on your Atlanta Personal Injury Law Group attorney to navigate the claims process for you. We file the claim, negotiate with the insurer, and present all offers to you. It is ultimately your decision to accept or decline an offer, but we provide you with legal guidance and support—as well as an estimated settlement value of your case.
Our attorneys may recommend suing the liable driver when it gives the client the best chance at justice. If this occurs in your case, your car accident lawyer can help you weigh the pros and cons and decide your next steps.
You Do Not Pay Any Upfront Fees for Our Services
Atlanta Personal Injury Law Group works based on a contingency fee basis. In other words, we do not charge any upfront fees for our services. Instead, our attorneys receive a percentage of the settlement or verdict payout when we win a case. If you do not receive compensation, we do not get paid.
Consult a Cobb County Accident Attorney as Soon as Possible
Many people ask us when they should hire an attorney. The best answer we can offer is “as soon as you wonder if you need one.” Evidence often disappears as time passes, witnesses forget details, and video footage gets recorded over. In many cases, the sooner you hire an attorney to begin gathering evidence in your case, the stronger your claim will be.
As soon as your injuries stabilize, it is time to start thinking about how you will pay for your medical bills and hold the at-fault driver accountable. We can speak with you at the hospital, in a rehabilitation facility, or at your home while you continue to recover.
The Law Limits Your Time to File a Lawsuit
We meet deadlines when filing lawsuits. Lawsuits are not always necessary to recover compensation, but we only have two years to get started under Georgia law when they are. We must file the initial paperwork in a Cobb County civil court before this deadline arrives. Filing too late likely means the court will refuse to hear your case.
Speak to a Marietta Car Accident Attorney for Free Today
Due to the complexities of your car accident claim, you cannot handle these negotiations without legal help. Our law firm is experienced in handling Marietta car accidents and will work toward positive outcomes and solutions for your case. An experienced lawyer from Atlanta Personal Injury Law Group can guide you through any legal obstacles that stand in your way.
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