Uncategorized - December 22, 2024

What Are the Legal Options If You’re Injured in a Car Wreck?

If you’ve been in an accident in Georgia, the law does entitle you to certain things. A car wreck lawyer in Atlanta can help you best explore all of your legal options. However, some of the most common options are listed below.

What Are the Legal Options If You’re Injured in a Car Wreck?

1. Bringing a Car Accident Claim

Bringing a claim should start by contacting an accident lawyer and having a free consultation on your case to fully understand whom to bring a claim against, what your claim is likely worth, and the general timeline to expect. You would typically bring a claim against the party that is primarily at fault for the accident, and in most cases it is their insurance company who will be paying you for your damages. Most car accident claims are settled out of court through negotiations.

In most cases, there will need to be some rounds of back-and-forth negotiations between your lawyers and the insurance companies lawyers in order for you to get what you are really entitled to under the law. It’s never a good idea to attempt this on your own, since insurance companies are wealthy and have powerful lawyers with lots of experience in minimizing payouts.

Complicating Factor: No Insurance

Over 12% of Georgia drivers don’t have insurance at all, and many more have insufficient insurance. If the responsible driver in your accident is one of these, your first step would be to draw on your own uninsured or underinsured motorist coverage, which hopefully you have. Given the enormous number of uninsured drivers on the roads, it’s always worth the extra expense to get this coverage.

If you don’t have this coverage, or if it is insufficient, there’s also your PIP, or personal injury protection insurance to draw upon. This should apply to help cover you, regardless of who is at fault for an accident. Your own collision insurance will also cover the damage to the vehicle, and your personal health insurance will kick in for medical bills if there is no other insurance to cover you. Your lawyer can help you make claims here and push insurance companies that are holding back, hoping someone else will pay.

You do have the option to bring a lawsuit against the other driver directly. However, bear in mind that most people who don’t get insurance don’t have it because they can’t afford it. If the driver couldn’t afford basic insurance premiums, then it’s possible they won’t have anything to give you even if you were to win the lawsuit.

Complicating Factor: Shared Liability

Georgia is an at-fault state, which simply means that the driver at fault is responsible to pay the damages of everyone else involved in the accident. But it is also a modified comparative negligence state, which means that it acknowledges more than one person can be responsible for an accident. Anyone who is primarily responsible – 50% or more – is considered liable and cannot recover damages from anyone else. Everyone less than 50% responsible can recover damages, but the total amount of their damages will be reduced by the same percentage as their fault for the accident.

Say, for example, that Driver A runs a red light and causes a collision with two other cars. Driver B was following all the rules of the road and has zero responsibility for this accident. They could recover 100% of their damages. Driver C, on the other hand, was texting at the time they got involved in the accident. Although they did not cause the accident, the court still awards them 20% fault on the theory that, if they had been paying attention and obeying the law not to drive distracted, the accident may not have happened at all or would not have been so devastating. That means if Driver C has $28,000 in damages, that amount would be reduced by 20%, and they would only be able to recover $22,400.

Complicating Factor: Government Entity

Sometimes, city or state government is responsible for an accident, either entirely or primarily. This could be because you were hit by a vehicle being driven by a state employee in the process of doing their job. It could be because of poor road maintenance and improper signage, malfunctioning traffic lights, and more. If the government knew about a hazard or issue and had not fixed it in a timely manner or warned drivers about it clearly, they could be liable.

However, it is not a simple matter to sue the government. Because the government has a “lot of money” and yet does not have any money of its own (all money comes from the citizens), it must be protected against spurious lawsuits by people who see government as effectively a free ATM. The government has a special responsibility to care for the public; but it also has a special responsibility to be careful with the public’s money.

For this reason, there are stricter rules and time limits about bringing a claim against the government. In a regular accident, you have two years to bring a claim. If you are bringing a claim against the government, that is shortened to just one year. After notifying the government, you must wait 90 days before you’re allowed to bring legal action, unless the government denies your claim before the 90 days are up, at which point you can initiate an action. Government liability is capped at $1 million per person and $3 million per incident, and the government cannot be held liable for punitive damages.

2. Bringing a Personal Injury Lawsuit

If your claim is denied or an insurance company refuses to negotiate in good faith, you can then bring a personal injury lawsuit. This can be done against the insurance company that is responsible to cover your damages, against an individual who is responsible for the accident, or against a government entity. Lawsuits are time-consuming and difficult, and the chances of winning one without a lawyer are virtually zero. It’s always wise to work with the lawyer and to follow your lawyer’s advice about whether you should bring a legal action.

Why a Car Wreck Attorney in Atlanta Is So Vital

No matter what stage you’re at or what option you’re considering, having a lawyer is essential. Your lawyer can tell you whether bringing a lawsuit is a viable option. Your lawyer can also help you to properly calculate all your damages so nothing is left out. This is especially important if you are suing the government, as your lawsuit cannot ask for more than your initial claim did. This means that when you fill out your initial paperwork notifying them that you are making a claim, it had better include everything!

Beyond this, your lawyer is a skilled negotiator who knows how to go toe-to-toe with insurance companies. Sometimes, simply having a lawyer at all is enough to make a reluctant insurance company come to the bargaining table in good faith. Once you have a lawyer, they know that you’re serious, that your rights are going to be protected, and that you’re willing to go to court if necessary.

If you’ve been in an accident, contact us today at T. Madden & Associates, P.C. in Atlanta, GA for a free case evaluation.