Have you suffered catastrophic injuries in a motor vehicle crash? Are you having trouble making ends meet, healing from your wounds, and returning to life? If so, you are not alone. However, there may be relief on the horizon.
With help from a reputable Roswell car accident lawyer, you could bring the at-fault party to justice. Learn more about how much your damages are worth and which legal options are most suitable for your case when you contact our team for a free consultation.
How Car Accident Claims in Roswell Work
Understanding how the claims process works is critical after you have been injured. Your car accident lawyer in Roswell, GA, is here to help guide you through every step of the way so you can recover maximum compensation for your damages.
It is important to remember that every person’s case is different, and what works for yours may not work for another. However, here is a general idea of what you can expect once you seek justice after your collision.
Investigate Fault
First, your car accident attorney in Roswell, GA, must thoroughly investigate how your collision occurred. We will need to review the type of crash and the cause of the accident to establish liability. Here are some of the parties who are frequently named liable in car accident lawsuits and insurance claims:
Reckless Drivers
One of the top parties sued for damages after a car crash is negligent drivers. Reckless drivers need to uphold their obligation to drive safely. Examples of reckless driving could include:
- Drugged driving
- Drunk driving
- Drowsy driving
- Aggressive driving
- Distracted driving
- Road rage
- Following too closely
- Failure to stop or yield
- Making illegal turns
- Failure to use a turn signal
Car Parts Manufacturers and Related Parties
When motor vehicle parts malfunction or are defective, your car accident attorney must evaluate the damaged parts to determine who is responsible closely. Unfortunately, in cases like these, several parties often share culpability. Examples of such parties could include:
- Motor vehicle parts designers and manufacturers
- Motor vehicle parts distributors and suppliers
- Motor vehicle dealerships and executives
- Vehicle maintenance technicians and safety inspectors
The City of Roswell and Other Government Agencies
You could also have a claim against the Georgia Department of Transportation (GDOT), the Metropolitan Atlanta Rapid Transit Authority (MARTA), the city of Roswell, or other parties tasked with ensuring road safety and integrity.
When these agencies fail to make necessary road repairs or allow reports of dangerous road conditions to go on answered, they can be held accountable for your damages when a collision occurs.
Gather Valuable Supporting Evidence
Throughout our investigation, your car accident lawyer will gather compelling evidence to prove the defendant’s liability and negligent actions. The types of evidence available will be based on the type of accident you were involved in, how the crash occurred, the location of the accident, and more.
Examples of some of the most potent types of evidence include:
- Photos of the damage at the accident scene
- Reports from car accident reconstructionists
- Video surveillance of the collision
- Witness and bystander statements
- Testimony from friends and family members
- Copies of the defendant’s chemical blood alcohol test results
- Law enforcement crash and police reports
- Copies of the defendant’s cell phone records
- Data from vehicle black boxes or event data recorders (EDRs)
Calculate Damages
Once we know who is responsible for causing your accident, we can begin to calculate the value of your claim. The good news is that between filing a claim with the insurance company and bringing your case to trial, you have the right to be repaid for every loss.
Compensatory Damages
Compensatory damages refer to the damages you are entitled to. They can include economic damages, which have a monetary value, and non-economic damages, which do not. You will need to rely on your car accident lawyer to calculate the value of your non-economic damages to recoup reasonable compensation for these losses.
Examples of compensatory damages you could win include:
- Diminished quality of life
- Physical pain and suffering
- Loss of income and employee benefits
- Reduced earning potential
- Disfigurement and skin scarring
- Embarrassment and inconvenience
- Shock, shame, indignity, and fear
- Apprehension and anticipation
- Psychological trauma and emotional distress
- Medical bills and healthcare expenses
- Damage to your personal property
- Costs of vehicle repairs or replacement fees
- Rental car expenses
Punitive Damages
Punitive damages are not a type of loss you are entitled to. Court systems can award exemplary or punitive damages when they feel it necessary and appropriate to punish the defendant for conduct deemed reprehensible, grossly negligent, or egregious.
It would be best if you never relied on or expected to be awarded punitive damages, though such an award could dramatically increase the amount of your settlement. Georgia has a $250,000 cap on what you can win for punitive damages.
File Insurance Claims
After calculating your claim’s value, we need to figure out whether you have the right to file a claim with the insurance company. Since Georgia is a fault state for car accidents and insurance claims, you file a claim with the liable party’s insurer.
You could file a claim with your insurance if you purchase personal injury protection (PIP) coverage on your auto insurance policy. Your attorney will analyze the details of your case to determine how to approach your insurance claim.
Bring Your Roswell Car Accident Lawsuit to Trial
If insurance settlements do not sufficiently meet your needs or the defendant does not have insurance coverage, filing a lawsuit may be the best way to recover your damages fully. Your lawyer will be ready to present a compelling case against the liable party at trial so that you can recover your total damages.
Contact a Roswell Car Accident Attorney for Help Today
Car accident claims can be intimidating and notoriously complex. Fortunately, you do not have to go through these legal issues alone. With an experienced Roswell car accident lawyer advocating for your rights, you can ensure the at-fault party is held accountable to the fullest extent of the law.
Recover total compensation for your damages when you contact our office to discuss the specific details of your case. Please complete our online contact form or call our office to schedule your free, no-obligation consultation today.
