By: Lindsey Macon, Car Accident Attorney Atlanta GA at McArthur Law Firm (MLF)
Looking for the best car accident lawyer after being seriously injured by a careless or law-breaking at-fault motorist? Especially in the metro Atlanta Georgia area, these crashes occur over 1000 times every month, leading people to search online for a car wreck attorney Atlanta. Regrettably, a certain number of personal injury claims are for wrongful death actions.
Atlanta car accident lawyers can help determine the value of a car accident injury claim by turning to leading injury and accident experts for assistance. A car wreck lawyer Atlanta can assess the value of your case and can give you an idea of what claims like yours might bring, after civil litigation, factoring in all costs.
But not a single Atlanta car wreck attorney can do all the needed work alone. This takes a team of legal professionals, skilled staff and having access to other independent experts who are available to “connect the dots” in your civil actions.
Remember that our car accident attorneys in Atlanta are extremely confident in their bargaining skills, because we are well-known to be ready for trial in all cases. Because our law team only takes cases on a no-win, no-fee basis, so that if our client does not win, neither do we!
Once retained, a car accident attorney from MLF (McArthur Law Firm) will deploy accident reconstruction experts and former police officers to gather evidence from the car crash. Atlanta accident lawyer Michael Thompson has been with MLF since graduating law school and passing the Georgia Bar.
How Our Atlanta Car Accident Lawyers Can Assist a Car Accident Victim
Our Atlanta car accident lawyers can visit clients at home, work, or arrange a hospital visit to accommodate clients with injuries. Handling all aspects of the legal case to ensure the best position for maximizing recovery.
The legal warriors at McArthur law firm will pursue the maximum compensation possible under the law to help maximize the ultimate financial recovery for clients. If your case cannot be negotiated for its full value, and then goes to court after a car accident, the Atlanta lawyers at MLF will represent you and protect your rights.
In addition, because Atlanta car accident lawyers possess extensive knowledge of Georgia’s traffic laws, personal injury statutes, and insurance regulations under Georgia law, a best attorney for car accident litigation from our Firm can provide overall assistance throughout the legal process, so that no deadlines are missed.
Car accident lawyers who are known to litigate many cases can help you get the most money from insurance companies for your injury claim. Our team of Atlanta car accident lawyers use their experience of more than four decades of haggling with insurance companies to give clients an edge and make their cases stronger.
This has happened in pre-trial negotiations with the other driver’s insurance adjusters and attorneys, by using our Firm’s past case results to increase compensation for our client’s accident injuries. To be a highly rated auto accident lawyer Atlanta, your track record must be filled with victories in trials for which the insurance company significantly missed their chance to settle for less money, but “rolled the dice” and lost.
For this kind or track record, our Firm’s founder, Kathy McArthur was named by Super Lawyers named (in 2024) as one of the State’s Top 10 lawyers (for all practice areas). In addition, the national Legal Directory made her their Cover Story Georgia Lawyer, out of 33,100 attorneys in the Peach State. In her 45th year of legal practice, Mrs. McArthur is Board Certified in civil trial advocacy through the National Board of Trial Advocacy.
In Most Georgia Accident Cases What Kinds of Damages Can Be Recovered?
Another litigation professional at MLF, Holly Stephens assists her clients by assuring that all injuries are treated (including possible stints in a rehab facility or obtaining prosthetic devices or limbs, when needed). Our marching orders are to aggressively advocate for our client’s full compensation for:
(a) Lost wages when put out of work due to being injured.
(b) Lost Income: While our client can recover wages missed or income lost due to being injured (and out of work) after the accident, our attorneys near me also seek to recoup your usual wages from time missed from work during recovery, rehab and medical getting to and from medical appointments. This category will also cover loss of future earning capacity if the injuries result in long-term or permanent disability affecting one’s ability to work.
(c) Using the client’s recovery process, medical charts and adding in any additional surgeries to overcome, our best motor vehicle accident lawyers try to establish a fair dollar amount to compensate for the person’s pain and suffering. Georgia law allows for compensation for physical pain and emotional distress resulting from the accident and injuries. This category of damage is considered a non-economic damage because a person’s subjective pain is not easily quantifiable.
(d) Medical Expenses: This includes all costs related to medical treatment for injuries sustained in the accident, covering past, present, and future medical bills and palliative care. This cost item can encompass hospital bills, ambulance rides, doctor visits, medications, physical therapy, being fitted for prosthetic appliances, and any other necessary medical treatments.
(e) Repair of Property Damage or replacement of vehicle: Costs for repairing or replacing the damaged vehicle and any other personal property damaged or lost as a direct result of the accident can be claimed and recovered.
(f) Loss of Consortium: In cases where injuries significantly impact marital relationships, the uninjured spouse may claim damages for loss of companionship, affection, and support.
(g) Punitive Damages: In cases involving particularly egregious behavior by the defendant, such as a hit and run crash, or a DUI in GA (drunk driving), punitive damages may be awarded to punish the wrongdoer and deter similar conduct by anyone else who might think of acting in this manner. However, Georgia law caps most punitive damages at $250,000 in most cases, with some exceptions.
(h) Emotional Distress: Compensation for psychological trauma, anxiety, or other mental health issues resulting from the accident may be recoverable.
(i) Loss of Enjoyment of Life: If the injuries prevent the plaintiff from engaging in activities they previously enjoyed, they may be compensated for this loss.
(j) Other out-of-pocket Expenses: Any other costs directly related to injuries from the car accident case, such as transportation to medical appointments or necessary home modifications (like a ramp for wheelchair access) or a handicap access tub or shower, can be added to the injury claim.
Negotiating with Insurance Companies from a Position of Strength
Our experienced car accident attorneys in Atlanta are adept at negotiating to secure equitable remuneration without the need for extended legal disputes. Our McArthur lawyers guarantee that you will get a just settlement proposal from the concerned insurance firm, or we will go to trial to let a jury decide the issues.
Insurance firms frequently strive to reduce their disbursements; however, a lawyer can safeguard you from accepting inadequate or unfair proposals. With a collective 101 total years of litigation, our deep knowledge of this civil justice industry enables us to know when to take a deal and when to go to trial, instead.
If We Go to Trial, how Does the Court Representation Play Out?
If a fair settlement cannot be reached, the case may go to trial, and trial attorneys will represent the client in court. Our eight car accident lawyers are prepared to take your civil case to trial if necessary, advocating for your rights.
A pre-trial conference and various types of pre-trial discovery (depositions, subpoenas, and occasionally a motion before the judge who has been assigned to oversee the case. So, several pre-trial steps are usually involved before the case goes to court.
Since some cases quickly cost our Firm $10,000 to $30,000 (or more) to prepare for a trial, you must consider if the attorney handling your case can afford to finance your case costs throughout the entire process. Many inexperienced attorneys in the Peach State may struggle to fund civil lawsuits.
Steps to Take After a Car Accident in Atlanta
- Seeking prompt medical attention immediately after an accident is essential to diagnose and document injuries, even if they are not immediately apparent due to adrenaline and fear.
- Report the accident to authorities by calling 911 and gather crucial evidence by taking photos or videos of the scene and collecting insurance details and contact information from all parties involved.
- Avoid admitting fault at the scene and refrain from making statements to the other driver’s insurance company without legal advice to protect your rights.
- Consult with an attorney as soon as possible after the accident to protect your legal rights and preserve crucial evidence.
- Ensure the safety of everyone involved by offering assistance if possible and moving operational vehicles off the street to prevent further injury and maintain the flow of traffic.
Seek Medical Attention That Same Day, if Any Serious Crash Occurred
Never try to drive away from the scene. Seek medical assistance at the scene (for you, your passengers or others) if any injuries are apparent.
Injuries suffered are often not immediately apparent due to adrenaline masking the person’s pain. Any type of rollover or severe crash impact justifies going to a hospital immediately for an MRI. Once again, seeking medical attention immediately after the accident can reveal injuries not initially apparent and provides important evidence for the claim.
Report the Accident to Local Emergency Services
The first step in filing a car accident claim is to ensure the safety of all people at the scene and then contact the authorities to get a police report. Next, dial 9-1-1 at any time to get a police officer dispatched to the scene, even if it’s not an emergency. Remember that these calls are being recorded.
In metro Atlanta, you can contact the Atlanta Police Department’s non-emergency line at 404-614-6544 to file an accident report. For other areas, by dialing 911, your location is identified, and the correct authorities will be dispatched.
Avoid Discussions of Who Was at Fault
At the accident scene, it’s crucial to avoid admitting fault (or apologizing) in order to protect your legal rights. Do not apologize for the accident, inasmuch as this could imply that you admitted being at fault. Stay calm and courteous, share auto insurance information, but do not go into other details while awaiting the authorities to arrive.
Consult for FREE with an Auto Accident Attorney Atlanta with our Firm
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- If you are injured, even if you believe your injuries are not serious, you should contact a car accident lawyer in Atlanta as soon as possible after the crash.
- Dealing with an insurance company without legal representation is likely to leave you with less money in your pocket.
- Calling a lawyer specializing in auto accidents can significantly impact the outcome of an insurance claim.
- In Atlanta, understanding car accident claims involves a step-by-step process starting from ensuring safety to consulting with an attorney.
Liability and Fault in Atlanta Car Accidents
- Georgia is a fault state, meaning the at-fault driver is responsible for paying damages.
- In Georgia, the party responsible for causing the accident bears the financial burden.
- Under Modified Comparative Fault in Georgia, a claimant must be less than 50% at fault to qualify for compensation.
- The compensation package(dollar amount) is reduced in proportion to the victim’s degree of fault.
- Involved parties are assigned liability based on their contribution to the accident, and the total compensation package will be reduced by the percentage of fault.
- If you are partly at fault for the car accident in a comparative negligence state, compensation can still be recovered, but it may be lowered by the percentage of fault.
- Punitive damages may be awarded in cases of egregious behavior to punish the negligent party.
Identifying the Liable Parties and Putting Them on Notice
Anyone whose negligence, carelessness, or wrongful actions contributed to your injuries can be potentially liable for compensation after a car accident in Atlanta (or elsewhere in Georgia). Establishing fault in a car accident involves gathering and analyzing evidence such as police reports and witness statements.
Determining liability involves gathering evidence to establish the degree of fault for each party involved. Usually, investigators have to locate witnesses and sometimes the at-fault party, in order to be able to sue. Thus, getting an experienced legal team working on this early in the case is advisable.
The Comparative Negligence Rules in the State of Georgia
Under Georgia’s comparative negligence laws, the damages awarded are reduced based on the claimant’s percentage of fault.
Comparative negligence allows allocation of fault and damages based on each party’s degree of fault.
The damages awarded can be adjusted to reflect the claimant’s percentage of fault, reducing the amount they can recover in proportion to their fault.
Georgia’s 50% shared liability rule states that to recover damages, the claimant must be found less than fifty percent at fault for the incident that led to the lawsuit.
Statute of Limitations for Car Accident Lawsuits in Georgia
The statute of limitations for car accidents in Georgia is generally two years from the date of the accident.
There are several exceptions to this general rule that can extend or alter the time limits for filing a lawsuit.
For minors involved in a car accident, the two-year period starts on their 18th birthday. For individuals with a legal incapacity (e.g., being too young to be an adult), the statute of limitations period starts once their disability or mental illness ends.
In cases involving a government-owned vehicle, the ante litem notice of civil litigation statute of limitations is six (6) months for city or county vehicles and employees on duty for their municipal or county employer and the same such notice must be served within one year for state-owned vehicles in Georgia.
If the at-fault driver leaves Georgia, the statute of limitations is paused until they return to the state.
In DUI-related crashes, the statute of limitations is extended accordingly to accommodate the legal process.
Cost of Hiring an Atlanta Car Accident Lawyer
Atlanta car accident lawyers commonly work on a contingency fee basis, meaning their Firm only gets paid only if that client wins his or her case, via a settlement or trial. The typical contingency fee percentage for car accident lawyers in Georgia ranges between 33% and 40%. Some discounters are now appearing, but the median recoveries by these firms will pale by comparison to the best car accident attorneys in Atlanta.
Contingency fee agreements must be in written form and clearly outline the method for calculating legal fees at various states of the case (i.e., pre-trial, after trial, if on appeal, etc.)
Some lawyers may charge some blended contact terms such as a retainer or costs of using an expert to investigate. Our team never asks for a retainer fee, because we only accept serious cases and wrongful death legal actions, where we are convinced, that we will win.
Beyond attorney fees, car accident lawsuits in Georgia may involve additional costs like court costs, expert witness fees, and filing fees. Most car accident lawyers advance these costs on behalf of the client and get reimbursed from the settlement.
More Atlanta Car Accident Lawyer Resources
If you’d like to learn more about car accident lawyers in Atlanta, then read our informative articles below. We explore every aspect of Atlanta car accident cases McArthur Law Firm handles.
- What to Do After a Car Crash
- Accidents In Rainy Weather
- Distracted Driving
- Underinsured & Uninsured Motorist Accidents
- Car Wreck Reconstruction
- Car Accident Black Box
- Taxi And Rideshare Accidents
- Pedestrian Accidents
- Punitive Damages
- Georgia’s Move-Over Law
- Car Accident Lawyer: Best Car Wreck Attorney Near Me in GA
- Car Accident Lawyer Near Me: Brain Injury Attorney Atlanta
- Personal Injury Lawyer Atlanta: GA Car Accident Attorney
