A serious car accident can have long-term consequences on your life. In addition to lasting injuries, you may find yourself facing expensive medical bills and other costs. The best way to protect yourself and your future is by securing the services of an experienced car accident lawyer in Marietta.
At Jones & Swanson, our experienced legal team has more than 40 years of combined experience helping car accident victims recover compensation from negligent parties. Get in touch with us today to schedule a free case evaluation with one of our Marietta personal injury lawyers and learn more about how we can help.
How a Car Accident Attorney in Marietta Can Help With Your Case
Following a serious car accident, your priority ought to be getting the medical care you need and returning to form as quickly as possible. Unfortunately, injury claims almost always coincide with other complicated and time-consuming challenges like negotiating hospital liens and determining the applicable auto insurance coverage.
Fortunately, the experienced Marietta, GA, car accident attorneys at our firm can help. Once you retain a lawyer from our firm, we will manage all legal aspects of your case and resolve any issues so you can focus on getting better.
Your attorney will initiate a comprehensive investigation of the accident to gather essential evidence that supports your claim and establishes the other party’s liability.
This investigation will typically include:
- Obtaining a copy of the police accident report.
- Visiting the accident scene.
- Interviewing potential eyewitnesses.
- Consulting with experts, if necessary.
- Obtaining lost wage documentation.
- Reviewing your medical records.
As your attorney develops your case, communication is a priority at Jones & Swanson. This includes calling, texting, or emailing with our clients to answer questions and stay up to date with their medical condition. It also includes communication with the other party’s insurer in order to reach a favorable resolution. While many cases are resolved without the need for litigation, some are not.
If an agreeable settlement cannot be reached, the experienced litigation attorneys at our firm will file a lawsuit and continue pushing for the best resolution.
While the vast majority of cases in litigation can still be resolved short of a trial, for those that can’t, your attorney will present your case in court and use all their skills and experience to obtain the best verdict possible.
Damages Available Following a Car Accident in Marietta, Ga
If you are injured in an auto accident, you may be entitled to several types of damages. The types of damages vary from case to case. Having a thorough understanding of Georgia law can be critical for correctly identifying all the damages you may be eligible to collect.
Fortunately, the knowledgeable and experienced car accident lawyer serving Marietta from Jones & Swanson can help you recover the damages you are eligible to collect. In car accident cases, most available damages are divided between the categories of specific damages, general damages, and punitive damages.
Specific Damages
As the name implies, these damages are those that can be identified specifically. Any expenses you incurred or money you were prevented from earning belongs in this category. The amount awarded for these losses is meant to equal the actual value of your losses. Commonly awarded specific damages after a car accident include:
- Property damage: The cost of repairs or the fair market value of the vehicle before the collision if repairs are too expensive. This also includes damaged or destroyed personal property like car seats, tools, or other equipment.
- Medical expenses: Current and future medical bills for treatments, surgeries, rehabilitation, and medication.
- Lost wages: Compensation for the income you lost while recovering from your injuries.
- Decreased earning capacity: Reduced ability to earn income due to long-term or permanent injuries.
- Other out-of-pocket expenses: Additional transportation costs, home care, or modifications to accommodate injuries.
General Damages
Every other loss caused by your accident belongs in the category of general, or non-economic, damages. Placing a monetary value on these losses can be challenging since they tend to affect your quality of life rather than your bank account.
Because many of these losses are profound and irreplaceable, the money awarded by a jury can be significant.
Commonly awarded general damages after a car accident include:
- Pain and suffering: Pain and suffering include physical pain and discomfort caused by injuries.
- Emotional distress: Psychological impacts such as anxiety, depression, and PTSD.
- Mental anguish: Mental suffering resulting from the trauma of the accident.
- Interference with enjoyment of life: Loss of the ability to enjoy life and relationships due to injuries.
- Loss of consortium: A claim by your spouse for the losses in your marriage.
- Permanent disability: Lasting physical impairment that affects daily living.
- Scarring and disfigurement: Permanent changes in appearance due to injuries.
- Wrongful death: Provides compensation for the loss of your loved one.
The death of a loved one in a car accident can result in significant emotional and financial challenges. An experienced wrongful death lawyer in Marietta can help you and your family with these challenging cases and pursue meaningful compensation for your losses.
Punitive Damages
Punitive damages are another form of financial damages you may be able to recover. These damages are not intended to replace losses suffered by the accident victim after a car crash, as with the compensatory damages listed above. Instead, they are meant to punish the liable party for the role they played in causing the wreck.
Punitive damages are only awarded in a small percentage of car accident cases. For a judge or jury to consider these damages, the at-fault party must have acted so egregiously that they clearly did not care about the consequences of their actions.
For example, punitive damages are often sought in cases involving drunk driving accidents where the driver demonstrated reckless disregard for the safety of others.
Be Careful to File Your Lawsuit Before Time Runs Out
When attempting to recover financial compensation following a car accident, you need to be mindful of the personal injury statute of limitations in the state in which you are filing. In Georgia, this statute typically provides accident victims two years to file a lawsuit.
Although there are some exceptions, missing the filing deadline will likely leave you out of options for recovering compensation. It is important to be aware that the circumstances surrounding your accident can potentially alter the amount of time you have to take legal action.
For example, claims for minors or cases in which criminal charges, like traffic tickets, were involved, remain pending could extend the statute of limitations. On the other hand, cases involving government entities have special notice requirements with deadlines of as little as six months after an accident.
It is always going to be in your best interest to act quickly after an accident. Delays can make it more difficult for your attorney to gather evidence that supports your accident claim. For example, any witness testimony you intend to use will be less reliable as more time passes from the date of your accident. Sometimes, experts may need to examine the vehicles involved or the accident scene itself to aid in proving how a crash occurred.
Don’t Trust the Insurance Company
Following a car accident, be cautious when interacting with any insurance company, including your own. While they may initially seem helpful and friendly, the truth is that these companies are much more focused on protecting their profits than supporting the people who rely on them.
Insurers will try to lower your guard so they can take advantage of you. They have a variety of tricks up their sleeves to deny or devalue your claim, including:
- Delaying tactics: Drawing out the process to make you desperate for a quick settlement.
- Quick settlement offers: Offering you money right after an accident, hoping for a settlement before you know your rights or the full value of your claim.
- Misleading advice: Providing advice that may discourage you from pursuing full compensation.
Protect yourself by declining to speak with any insurance representatives until you have secured the services of an experienced Marietta auto accident lawyer.
Benefits of Hiring a Jones & Swanson Car Accident Lawyer
At our firm, we manage your case while you devote your time and energy to getting treatment and recovering. What that means for you is:
- Controlled communication: Your attorney will handle all communication, forcing the insurer to go through them instead of contacting you directly.
- Shield from tactics: Your lawyer will protect you from the tactics that insurance adjusters commonly use to get you to settle for less.
- Maximize recovery: With knowledge of both the law and how insurers operate, we will ensure you have the best chance of recovering the money you need and deserve through your accident claim.
The Cost of Hiring a Car Accident Lawyer In Marietta
Unfortunately, many car accident victims hesitate to hire a lawyer because they worry about the cost of legal services. While it’s true that lawyers in many fields charge expensive retainer fees and high hourly rates, that’s not how our personal injury attorneys operate.
At Jones & Swanson, our experienced team works on a contingency fee basis. This means we only get paid for our services if we recover compensation on your behalf. Even then, our fee is simply paid out of the settlement proceeds. You will never write us a check. If we don’t recover any money on your behalf, you owe us nothing.
Since our fee is dependent on how much we recover for you, our interests are aligned. With our clients never having to pay a penny out of their own pockets, anyone can afford to secure our services, regardless of their financial means. Considering this, the real question isn’t how much it costs to hire a car accident lawyer but how much it costs not to hire one.
Modified Comparative Negligence In Georgia
When assessing fault in a car accident in Georgia, you must understand that the state uses a modified comparative negligence rule.
This means that anyone who faces accident damages can pursue compensation as long as they are less than 50% to blame.
However, if you did share in the fault for the car accident, the amount of money you can recover will be reduced at a rate proportional to your level of liability.
For example, if you were 20% to blame for causing the accident, you will still be able to recover 80% of the full value of your personal injury claim.
Expanding on this example, if a jury determined your damages to be $100,000, you would still be able to recover $80,000 of your awarded damages.
What to Do After a Car Accident
Following a car accident, it’s important to know what steps you should take to protect yourself. There are a variety of actions you can take to ensure both your physical and financial health. After a crash, be sure to:
- Call 911
- Document the accident scene
- Identify eyewitnesses
- Collect information from any other drivers
- Seek medical treatment
- Contact an attorney
Call 911
Report the incident immediately so that police and emergency medical personnel can assist however needed.
Document the Accident Scene
Take as many pictures and videos as possible of the vehicles involved, the accident scene, and your injuries. You should also take note of the exact time, date, and location of the accident.
Identify Eyewitnesses
Speak to any witnesses at the scene and collect their contact details.
Collect Information from Any Other Drivers
Get the names, phone numbers, license numbers, and insurance information of other drivers. However, you should avoid interacting with other drivers further than that, as anything you say can potentially hurt your claim.
Seek Medical Treatment
Even if you don’t believe you were injured, it is critical that you get checked out by medics at the scene and follow it up with a visit to an Emergency Room (ER), your local urgent care, or your family doctor as soon as possible. Some injuries are not immediately apparent, and delays can harm your health and your car accident claim.
Contact an Attorney
Give our firm a call as soon as possible to ensure that someone is looking out for you and protecting your rights.
Should I Settle Or Take My Case to Court?
Many accident victims wonder if they are better off taking a settlement deal or going to court. While going to trial may offer the possibility of recovering greater compensation for your losses, it also comes with considerable risk. When you work with a lawyer from our firm, we will ensure you understand all the ins and outs of the settlement negotiation process so you can make an informed decision, one that is the best for you and your family.
Even if your case seems airtight and you have experienced legal representation with a proven track record, there are no guarantees when a jury is deciding your fate. Because of the unpredictability of going to court, it is typically in the best interest of both parties to settle, and the vast majority of cases are resolved in this manner.
However, that does not mean you should rush into taking a settlement deal. Getting the money you need through a settlement requires negotiation, and the experienced lawyers at Jones & Swanson can help ensure you recover the compensation you deserve. More importantly, the right lawyer will also be there to support you when going forward with trial is the best decision.
Before you sign any deal, ensure that your attorney reviews it. Furthermore, although your case is unlikely to go to trial, it is still important for you to prepare as though a date in court is inevitable. By being ready and willing to go to trial, you will put more pressure on the other side to offer better terms in a settlement deal and be prepared if a trial proves necessary.
Secure the Services of an Experienced Car Accident Lawyer Serving Marietta Today
Securing experienced legal representation is the best way to improve your chances of a favorable outcome in your legal case following a motor vehicle accident.
At Jones & Swanson, we have a proven track record of winning big for our clients. We will use every tool at our disposal to ensure you recover fair compensation from the party responsible for your damages.
Contact us today by phone or through our online contact form to schedule a free case review with one of our experienced attorneys.
