A minor motor vehicle crash can be frightening, inconvenient, and expensive. When the accident is more serious and results in injury, the consequences on the victim and their family increase.
If someone else's negligence recently injured you in an auto wreck, contact a personal injury lawyer as soon as possible to help seek compensation from the responsible parties. A Roswell car accident lawyer from Atlanta Personal Injury Law Group could advise you on seeking damages for your particular case.
Other Benefits of Having Our Roswell Car Accident Lawyers on Your Side
The above process may seem relatively straightforward. However, we know that the car accident claims process comes with many common pitfalls and complications. We will help you understand what to expect throughout any of these challenges, and we can also work to resolve them for you.
We can help you:
- Push back against lowball claims
- Demonstrate the validity of your case if the insurance company denies it
- Move forward during any unnecessary delays to your case
- Advise you on how to maximize your case’s potential value
Car Accident Statistics in Georgia and Roswell
According to the Georgia Department of Public Health, car accidents pose a significant public health hazard to Georgians.
Motor vehicle crashes are:
- The top cause of injury-related death in the state
- The second-highest reason for emergency room visits in the state
Georgia is overrepresented among the nation's fatal accidents. Even though Georgia has the eighth-largest population in the country, it had the fourth-highest number of fatal crashes in 2017.
Between 2016 and 2020, Roswell also saw its share of serious accidents. In that time, the Georgia Department of Transportation (GDOT) logged 15,143 crashes. Of these accidents, 5,023 resulted in injuries.
Future Plans May Address Congested Streets in Roswell
As noted by Roswell’s Department of Transportation (RDOT), Roswell is a major crossroads in North Fulton County. This includes five state routes, including SR 400.
The city faces the following roadway challenges:
- Overburdened roads
- Increasing congestion due to population growth in the past 30 years
To address these issues, the RDOT has proposed several projects to break ground between 2022 and 2027, including intersection improvements at:
- Pine Grove Road Corridor at Magnolia Street
- Nesbit Ferry Road Corridor at Johns Creek
- Riverside Road Corridor
For now, however, drivers in Roswell continue to face the daily challenges of congestion and intersection dangers—as those recovering after an accident know all too well. Our team has an in-depth understanding of these local roadway issues in Roswell and will use our local resources to gather compelling evidence for your case.
You Could Recover Several Forms of Compensation After a Crash
You could be facing many consequences of your injuries after a crash. Whether you are dealing with financial or even emotional hardships, our attorneys will seek all forms of compensation available to you.
In general, you could be able to recover the following types of losses, also known as damages:
The financial effects of the accident can overwhelm you.
You may, however, recover:
- Medical expenses: You may be trying to get your current and past medical bills covered through an insurance claim or lawsuit. However, you should know that you could get compensation for your future expected medical care needs, too. This includes emergency room care, visits to a doctor, medications, physical therapy, surgeries, diagnostic testing, specialist visits, and more.
- Income and professional losses: After an injury, you may need to miss days, weeks, or more from your job. These missed paychecks are recoverable, along with other professional losses. You can recover missed tips, bonuses, or promotion opportunities. If you had to take a different job or cannot earn what you did before the injury, you can recover compensation for this loss.
- Out-of-pocket expenses: Paying out of pocket to repair your car or for medical devices can quickly add up.
Demonstrating the Value of Your Financial Damages
To get fair compensation for your financial damages, we will collect evidence such as:
- Medical bills, lab test bills, and other medical records
- Paychecks and records of your former earnings before the injury
- Statements from your doctor, coworkers, or employer
- Receipts for out-of-pocket costs
The more evidence we can present, the stronger your case for recovery.
You could feel the non-financial hardships of your car accident injury every day.
These damages are more emotional or psychological, and they include:
- Pain and suffering
- Mental anguish
- Reduced ability to enjoy life
- Post-traumatic stress disorder (PTSD)
- Loss of limb
Demonstrating the Value of Your Non-Financial Damages
Proving the potential value of your intangible losses can be more challenging, as there is no receipt for your pain and suffering. However, our attorneys have experience assessing these losses.
One of the most useful tools that we can employ here is expert witness testimony. For instance, we may consult with a psychologist—including your provider—to demonstrate that you were diagnosed with PTSD and need ongoing treatment for your accident-related trauma.
In general, the greater the impact the injury had on your quality of life, the more compensation we may be able to seek in non-financial damages.
Wrongful Death Damages
If you lost a loved one to a car accident, we offer our deepest condolences. We are truly sorry for your loss, and we are prepared to help your family fight for justice during this painful time.
Our compassionate team will explain all your legal options for holding the liable party accountable. Then, we can tell you which family members may qualify to receive compensation. Money cannot replace your loved one, but it can help you address the financial strain caused by your loved one’s passing. You could recover the costs of a funeral and burial, your family member’s medical expenses, and the emotional pain of your loss.
How a Car Accident Case Works—And How We Can Help
One of the biggest concerns on an accident victim’s mind is,
“How does this claims process work?” Our attorneys have years of experience navigating this process. Here’s what you should know about how our lawyers can help after a car accident.
1. Investigate Your Case
Typically, the first thing we’ll want to do is understand what happened, uncovering evidence for case facts such as:
- Who caused the crash: We can determine how the other driver's negligence led to the accident—such as speeding, distracted driving, or other negligence.
- Who is liable for the crash: Liability refers to the person who needs to pay for your damages. In some situations, we may discover that someone other than the driver is responsible for paying you, such as the employer of a negligent truck driver.
- The extent of your losses: As described above, we can look to anything from your medical records to statements from an employer to understand your damages.
- The details of the insurance policies: We can investigate the details of the policies involved to determine the best legal strategy to move forward.
Building strong evidence for a car crash is crucial for the success of your case. We’ll take the time necessary to investigate and get documentation of your crash and injuries.
2. Present Your Case Before an Insurance Company
Next, with our evidence in hand, we can make your case before an insurance company.
This typically involves:
- Presenting a demand for compensation with your damages clearly detailed and the desired dollar amount
- Speaking for your side of the story and protecting your right to seek compensation
- Negotiating with the other party’s representatives to seek the highest amount available
- Dealing with all third parties in the case for you, such as insurance adjusters and other lawyers. You never have to pick up a phone call or respond to requests from the insurance company.
Throughout the entire process, we’ll keep you updated as we receive offers. It is always your choice to accept an offer and settle the negotiations.
3. Take Your Case to Trial if Necessary
In some situations, we skip the settlement negotiations process and proceed directly to filing a lawsuit. In other cases, we may file a lawsuit after the other party’s insurance company fails to agree to a fair offer.
Filing a lawsuit does not necessarily mean we will end up in the courtroom. Often, we will continue with negotiations before a trial date, and we may be able to get the desired settlement amount before the trial begins.
However, we prepare to argue your case before a jury if necessary. If we do go to trial, our attorneys will handle the courtroom process for you, making statements for your case, cross-examining witnesses, and handling court paperwork. We can also ensure that you feel prepared for any statements you may need to make at trial.
Proving Negligence in a Roswell Car Accident Case?
A car crash victim could seek damages from any negligent party who contributed to their accident or injuries. The burden is on the injured person (plaintiff) to prove the other party (defendant) was negligent.
To prove negligence, the plaintiff’s attorney must establish that:
- The defendant had an obligation or duty to the plaintiff.
- The defendant breached that duty.
- The breach caused the incident that led to the plaintiff’s injuries.
- The plaintiff suffered documentable harm as a result of the incident.
All drivers must drive with care and follow all traffic laws so as not to endanger others. If another driver failed to obey the law or did not exercise reasonable caution, an attorney could gather evidence of this to prove the breach of duty.
Multiple Negligent Parties in a Roswell Car Wreck
Under Georgia law, a driver who was at fault in a car accident is responsible for compensating other parties who suffered losses because of the accident. If multiple parties share the blame, the law holds each negligent party responsible for damages in an amount proportional to their share of the fault. A negligent plaintiff could collect damages from other at-fault parties as long as the plaintiff is less than 50 percent responsible for the accident.
Who Are Potential Defendants in an Auto Collision Claim?
Importantly, drivers are not the only ones whose negligence causes car wrecks. Injured people could seek damages from anyone whose carelessness might have contributed to the crash. A car accident attorney from our team could investigate the circumstances of a crash in Roswell to identify all potentially responsible parties.
If a vehicle part failed, the plaintiff could seek damages from its manufacturer for selling a defective product. If road conditions contributed to an accident, a plaintiff and their local attorney might be able to hold the local government liable for their damages.
Could I Hold a Bar or Restaurant Accountable for Car Crashes?
The Official Code of Georgia Annotated (O.C.G.A.) § 51-1-40 makes bars or restaurants liable for a car crash victim's damages under certain circumstances. If a bar or restaurant gives alcoholic beverages to an underage person knowing that they will soon drive, the establishment could need to pay damages to anyone they injure. Similarly, a bar or restaurant could be liable to someone injured by a drunk driver if the establishment serves alcohol to a noticeably intoxicated person, knowing that they will soon be driving.
Other Frequently Asked Questions in Car Accident Cases
We want you to have all the answers you need as you begin your car accident case. Here are some responses to the most commonly asked questions:
What Should I Do After a Roswell Car Crash?
The steps you take after an accident are not only crucial for your well-being but the potential success of your case.
First, be sure to call the local police to the accident scene. Then, let your insurance company know about the crash—briefly, without admitting fault.
Be sure to get medical treatment immediately if you have any injuries. If you end up with medical bills related to the accident, you'll need to show that your injuries were a direct result of the accident to get compensation. Waiting too long to seek care can compromise your claim.
Do I Need to Accept the Insurance Company’s First Offer?
No. In fact, we recommend that you get in touch with our team and learn your options before accepting any settlement offers.
Often, the insurance company's first offer is a low one. It may not account for your future medical care costs or income losses. When we investigate your case, we can tell you what a more appropriate settlement amount looks like. Then, we'll do the legwork of negotiating for you.
Also, if the insurance company asks you to make a recorded statement, decline to do so. Such statements could be used against you when you seek compensation.
How Much Time Do I Have to Bring a Case?
Georgia law gives you limited time to bring a case for compensation after a crash. According to O.C.G.A. 9-3-33, you generally have just two years to take legal action.
If you contact us promptly after the accident, we can tell you exactly how much time you have to bring a case. We can then keep your case on track to meet any important deadlines.
Acting sooner rather than later is a good idea for your case for other reasons. We can take more time to build your case and gather time-sensitive evidence, such as eyewitness statements, if you begin soon.
Could I Recover Compensation if I Was Partially At Fault?
The good news is that even people who were partially at fault for a crash can get compensation in Georgia. If you have concerns about sharing some degree of responsibility, don’t let this hold you back from pursuing a case.
Our attorneys can explain everything you need to know about how sharing fault could affect your potential settlement. Then, we’ll work hard to show the other party was primarily liable for the crash.
Call a Roswell Car Accident Attorney’s Team Today
If a car wreck injured you, you could seek extensive damages in a civil claim to cover your lost wages, medical expenses, and losses you expect to incur in the future. An attorney could also help you pursue compensation for the pain, suffering, and permanent changes to your lifestyle resulting from your injuries.
However, remember that Georgia law gives injured people only two years to bring a lawsuit seeking damages, so act quickly. Contact a Roswell car accident lawyer’s team today at (404) 609-1724 to discuss your case. We’re standing by to take your call at no cost to you.