Table of Contents

Table of Contents Table of Contents

Our Atlanta Car Accident Lawyer Can Help You

Car wrecks can cause long-term, life-altering serious injuries — and even, sometimes both in the same incident. Some may feel the consequences of a car wreck for the rest of their lives, a disfiguring scar or throbbing pain serving as a constant reminder of their devastating wreck.

In Georgia, car wrecks are ruled by fault-based and comparative fault laws. This means that you may need an attorney in your corner to prove or disprove your fault in court, which may be necessary if insurance companies do not produce a settlement that’s to your satisfaction. Unfortunately, some innocent parties file insurance claims and accept partial blame for an accident in order to take their settlement, without knowing that they have the right to address the issue in court.

At Mabra Law, we understand that you may be tempted to take that offer because you want to move on. We don’t blame you for wanting to close such an unpleasant chapter in your life. That’s why our legal team picks up where you left off, continuing the fight so you and your loved one can focus on recovery after a car wreck.

Injury on the Road, Rails and Water? Get Help Today

Mabra Law has extensive experience and a firm-wide focus on helping people injured on Georgia’s roads, public transportation systems and waterways. Whether your injuries were caused by a car, a motorcycle, truck, train, RV or boat, you deserve the full resources of a firm with a commitment to not only addressing your claim, but litigating if necessary.

• Commercial Vehicle Accidents
• Distracted Driving Accidents
• DUI Accidents
• Failure to Yield Accidents
• Fatal Car Accidents
• Head On Collisions
• Hit and Run Accidents
• Rear End Accidents
• Rental Car Accidents
• Ridesharing Accidents
• Rollover Accidents
• Parking Lot Accidents
• T-Bone Accidents

What Do You Do After a Car Accident in Atlanta?

The events immediately following a vehicular collision are some of the most important steps you can take. Understandably, it can leave you in a daze or panicked. Our car accident lawyers in Atlanta recommend following these 7 steps:

1. The first thing you should do is call emergency services. You don’t know if the other person has catastrophic injuries. Plus, you have yet to assess yourself to see the extent of your injuries. Some injuries are not immediate and can arise hours or days later. Dial 9-1-1 to get an ambulance out to the scene of the car crash for medical treatment as soon as possible.
2. Once you seek medical care, you want to ensure you get the other person’s info. Along with this, try your best to preserve the evidence of the accident scene.
3. Don’t let anyone touch your car or the bits on the road. You never know what will end up helping your claim down the road. Evidence can help prove who is the at-fault driver. So, be sure to speak to the other driver and exchange information.
4. You want to ask for things like: (1) Their name (2) Their phone number (4) Their address (5) Their license plate number (6) Their insurance company.
5. Gathering this data is a critical step in the process because you need to give these details to your insurance company. It also helps down the road if the person tries to lie about their involvement.
6. Once the police arrive, tell them everything you remember about your car crash. The police officer acts as a witness to the scene and will write up a police report. You can request a copy of that report to use in your insurance claim. It is important to note here that if you are on private property and get into an accident, the police have little jurisdiction.
7. The few steps you need to implement are taking pictures, contacting your insurance company, and finding a car accident lawyer in Atlanta, GA. Be sure to take pictures of your car to prove damages to your personal property. You’ll also want to contact medical professionals to be examined for hidden injuries. They can also provide you with important medical records that can be used in your favor in regard to accident lawsuits.
8. Then, hire an automobile accident lawyer. Many people make the mistake of contacting the insurance company before talking with an experienced lawyer. However, you want to speak with a lawyer before talking to anyone else. That way, you have solid advice on what to say and do in such a delicate situation regarding the settlement. An insurance adjuster could use your answers against you.

How Does a Claim Begin?

Once you speak with your insurance company and contact Mabra Law, the process of a personal injury claim can begin. Initially, it starts when you file a summons, and the lawyer serves a complaint to the at-fault party.

But there are a few exceptions to this, especially if multiple people are involved, resulting in a multi-vehicle collision. There is also the chance that the at-fault party is an employee who was on the job.

If that is the case, your expert attorney will look into whether the person has uninsured or underinsured coverage. If so, then whoever their insurance company is will also be served with a complaint.

If the at-fault party has no insurance coverage, you may need to file a personal injury claim with your insurance company. Most of the time, auto insurance provides you with the necessary compensation for your injuries and damages.

You may understand getting compensation for your injuries, but what is in the damages part of that? Continue reading to find out.

What Are Damages in Car Accident Cases?

Two types of damages can be awarded, general damages and special damages.  Damages refer to the money awarded in a case.  Let’s discuss these two types of damages and how they can impact your financial future.

General Damages

General damages include things like: When you file your claim, you are suing for negligence that caused damages to you and your belongings. But it isn’t that simple because there are several different damages to consider.

General damages encompass physical injuries to you. These do not include damages to personal property. Instead, the defendant must provide compensation for any pain and suffering that you feel.

• Loss of Consortium
• Pain and Suffering
• Disfigurement
• Mental Trauma
• PTSD
• Emotional damage

Anything that lowers your quality of life such as loss of enjoyment is liable to be under the umbrella of general damages. The hard part is adding up a sum or compensation.

Our experienced attorneys can quickly create an estimate for physical property. But assessing how much your physical health and emotional pain are worth can be difficult to appraise.

These damages are subjective, so they may take time to determine. Remember that you can also suffer severe mental trauma in addition to physical pain.

Don’t assume right off the bat that you haven’t suffered emotional distress. According to reports, PTSD from car crashes can arise nearly thirty days after the incident. So, keep an eye on whether you are afraid to drive or get into a car, as those are common signs of motor vehicle PTSD.

Special Damages

These include things such as property damage or medical costs. If your accident puts you in the hospital, then the defendant is responsible for covering any medical expenses you acquire while admitted.

Physical damages also include:

• Vehicle repairs
• Property damage
• Compensation for irreplaceable items

Whether it is medical bills or car repairs, these damages are easier to calculate than general damages when deciding upon an estimate.

You may have questions regarding the laws around the nature of your case.  Let’s discuss those legal terms next.

Is My Car Accident Case Criminal or Civil?

There are a few defining factors between a civil case and a criminal claim. A criminal case is often filed by the state government and led by a prosecuting attorney.

When it comes to automobile wrecks, an example of a criminal case would be a DUI. It is illegal to drive under the influence of drugs or alcohol. Therefore, lawyers treat a drunk driving accident as a criminal case.

A civil claim goes through a law firm or independent party. They ensure the liable parties are accountable for any injuries or damages. For a civil case to stick, you need to provide evidence (photos, police report, statements, etc.) of the crash that proves you are not to blame.

What Are the Tort Laws?

In essence, a tort is an act of guilt to a personal injury caused by negligence. These laws exist to aid the injured or wronged parties and ensure they receive the compensation they deserve.

In the case of a motor vehicle collision, negligent tort law comes into action. This tort means that an accident occurred because the negligent driver did not follow the road safety rules. For a negligent tort to stand, there needs to be proof of bodily harm or harm to your property.

So, you understand tort law, but do you have to go to trial?

Will My Atlanta Car Crash Case Go to Trial?

Most cases do not end up going to trial. There is a trial date set up, but most of these claims end in a fair settlement long before the court case starts.

There are very few cases that warrant a court proceeding. That happens when there is a problematic legal issue. Otherwise, if you and the defendant agree on a fair settlement, you won’t have to worry about stepping foot in a courthouse.

What Are The Statute of Limitations in Georgia For Motor Vehicle Wrecks?

A statute of limitations puts a cap on the number of years you can wait to sue someone. In the state of Georgia, you have two years to file a claim for damages or wrongful death. After that, you are no longer eligible.

Was the accident 100% the other driver’s fault? If it wasn’t, you might still be able to get financial compensation because of comparative negligence.

What Is Comparative Negligence Law in Atlanta, GA?

Comparative negligence falls under tort law and comes into play when both parties are at fault. That means you are partially held accountable for a negligent act along with the defendant.

Georgia falls under one of the many states that uphold this law. In the case of comparative negligence, a jury determines a percentage of fault to the responsible parties.

For example, you might be guilty of 40% while the other party is responsible for 60%. After that, you are each assigned an amount to pay each other in damages.

If you have more questions, you can learn about comparative negligence here.

It’s also crucial to understand what is to be expected with settlements. Next, we will answer some of those questions.

Should I Take the First Settlement Offered to Me?

Shortly after your accident, you will hear from the other person’s insurance company. They will likely offer you a quick settlement deal right then and there.

Our firm advises you not to take it. That is because the auto insurance company’s end goal is to offer you the lowest amount possible to end auto accident claims.

An insurance provider does not care about your financial losses. It’s in your best interest to work with an auto accident attorney at Mabra Law who can navigate the legal process for you and has the experience of getting the maximum compensation from insurance companies.

We understand the jargon, laws, and statutes set in place to ensure you get the right amount of compensation for damages that you need.

Do you have no idea how much a settlement would be? You are not alone. Mabra Law is here to help you decide what you deserve.  Next, we will give you what the average settlement amounts are.

What Is an Average Settlement For A Car Accident?

If you want to make sure you get the most out of your settlement, you need to do everything you can to create a strong case. That means witnesses, statement reports, and photos. Read up on the Georgia state laws, and continue to speak with your attorney to ensure everything is moving at a steady and organized pace.

Settlements are not usually given quickly, as often car insurance companies will send out an insurance adjuster to assess the damages from the motor vehicle collision.

How Long Will It Take to Receive My Auto Accident Settlement?

In Georgia, insurance companies have up to 40 days to settle a claim. After you approve their decision, you can expect a check within six weeks to four months.

There are many ways that an attorney can help you navigate your legal options.

How Much Can I Get For A Whiplash Injury?

There are varying degrees of whiplash. If you have broken bones or a more severe case, you might be eligible for a higher settlement amount.

It’s important to note that after a dollar amount is agreed upon, the money from the settlement typically doesn’t get to you right away.

Can you get this compensation for damages on your own without legal counsel? Possibly, but find out why it is essential to hire an experienced car accident lawyer to get the compensation you deserve.

How Much Does a Car Accident Lawyer Cost?

Many Atlanta lawyers will agree to represent you and your case on a contingency fee basis. That means they don’t require an attorney fee upfront or by the hour.

If they win your case, they will take a portion of your settlement or award. However, if your case does not win, you won’t owe anything.

It’s important to work with a quality law firm to receive the highest settlement amount allowed by law.

Hiring the wrong representation could end up costing you thousands of dollars towards your financial recovery.

How Can a Car Accident Lawyer Help?

By working with an expert like a personal injury attorney from Mabra Law, you can guarantee that your case runs as smoothly as possible.

Our local personal injury lawyers have an outstanding track record in critical things like maximizing your sources of compensation. We have plenty of legal experience with personal injury lawsuits involving car wrecks, truck accidents, motorcycle wrecks, and other personal injury accidents.

By hiring an experienced car accident attorney, you don’t have to worry about the laws, damages, and statutes. We can handle your case for you, so you don’t have to add another stressor to your life. You can focus on healing while we work diligently to boost your claim.

Get a Free Consultation with a Car Accident Lawyer in Atlanta

As you can tell, there are several pertinent questions many injury victims may ask. We hope this guide helped provide some answers. Remember, a good lawyer has the legal experience that makes all the difference when trying to receive maximum compensation towards your financial recovery from a negligent party.

Have you recently been in a car accident and believe the other person is at fault? Mabra Law is a trusted car accident law firm in Atlanta that wants to help you on the road to recovery.

Do not hesitate to contact us for a free consultation today. We will answer any other questions you may have and help you get started on the path to fair compensation.