Maximizing Compensation in a Car Accident Claim
If you’ve been involved in a car accident through no fault of your own, a Decatur, GA car accident lawyer at The Lynch law Group can help you get compensation for the damages and injuries you suffered in the crash. Compensation in a car accident claim can include:
- Medical expenses, including hospital bills, surgeries, doctor’s office visits, other medical procedures, prescriptions, physical or occupational therapy, mobility equipment, long-term personal care, and other out-of-pocket costs related to your treatment (such as transportation costs)
- Lost wages for the time you miss from work while recovering from injuries
- Lost earning capacity, if you cannot return to your old job due to your injuries and you end up with a reduction in your earning potential
- Loss of enjoyment or quality of life, which can arise from the anguish, embarrassment, or humiliation caused by disabilities, physical disfigurement, or the inability to participate in activities you previously enjoyed
- Pain and suffering, or the physical and emotional distress brought about by your injuries
- Loss of consortium, which is compensation to your spouse for the loss of your companionship and services.
You may also be entitled to compensation for other out-of-pocket expenses you incur due to your injuries. For instance, house cleaners or lawn maintenance services may be paid for if you cannot do those tasks yourself.
How an Insurance Claim is Processed in Georgia
Georgia is a state that assigns fault in car accidents. This is counter to no-fault states because drivers must have insurance that will apply to the accidents and protect the victim with coverage from the at-fault driver. Filing a claim is the first step when contacting the insurance carrier. The adjuster will investigate the accident and determine how much each person should pay from each insurance policy. The adjuster usually collects enough information to apply the collision details to a settlement offer. Then, the victim can either accept the offer or reject it stating that it is not enough. The rejection usually occurs with the help of a car accident lawyer in Decatur, GA so that the injured party understands how much the compensation should provide.
In many circumstances, the two drivers will contact and process the entire event through the insurance companies attached for coverage. However, some accidents require a third-party claim against the carrier. These usually start because of negligence from the other driver. Using the personal injuries as the subject of the claim, the plaintiff will need the services of a car accident lawyer to initiate the matter in the state. Even with a third-party claim, the insurance company may still attempt a settlement offer. The individual can either take the claim or pursue the matter in the court based on the advice and help of the lawyer hired for the legal concern. The claim in the courtroom will rely on liability, comparative fault and evidence to build the case.
A lawyer from The Lynch group Law can present different aspects and arguments for each condition and how the plaintiff requires a certain range of compensation because of the damages incurred by the other driver.
Proving Georgia Liability
To prove that the other party is liable for damages and at fault in the accident, it requires at least one of four issues within the incident. The person needs to prove negligence, recklessness, intentional misconduct or strict liability. If the other party does not appear at fault, using one of these four concepts, the plaintiff can raise the level of fault in the claim to the point that he or she can sue the other party. Unless the other driver intentionally caused the collision, he or she is usually negligent in some manner. The person failed to do something such as pay attention to signs or was irresponsible when on the road. Proving negligence can involve a breach of duty that caused unsafe driving, a lack of avoiding dangerous situations or direct violations of road rules and laws that places others in jeopardy.
Proving recklessness is either difficult or easy depending on the situation. If the other driver is under the influence of alcohol, is engaging in drag racing or is over fifteen miles above the speed limit, this is usually obvious. Disobeying rules such as running stop signs or lights or cutting into and out of traffic can also demonstrate reckless behavior. Intentional misconduct is when the other driver is purposefully malicious or has every intention of causing harm. This is similar to recklessness and can have the same actions but with a different intent. These drivers are almost always responsible and held liable. Strict liability is different because it happens through defective products and a company rather than the other driver. The manufacturer of the item on the car is the reason for the wreck and can provide the plaintiff with a valid lawsuit against the entity.
Talk to A Decatur, GA Car Accident Lawyer Now
You can discuss the details of your case and learn more about your legal rights and options for pursuing compensation for your injuries and damages. The Lynch Law Group has equipped car accident lawyers in Decatur, GA who are ready and willing to help you win your case.