By: Kathy McArthur, Atlanta car accident lawyer and 2024 Super Lawyers “Cover Story” Attorney of the Year in Georgia
When your car accident attorney in Atlanta handles your case, he or she will pay significant attention to the concept of negligence, the critically important aspect of personal injury claims. Negligence is when someone acts in a way that causes harm to another by acts that a reasonable person wouldn’t have done or engaged in.
Being involved in an unexpected collision in Atlanta can be a traumatic experience. In addition to dealing with the physical and emotional aftermath of the accident, you may also be facing significant financial burdens. Pursuing damages is crucial to recover compensation for medical expenses, property damage, lost wages, and pain and suffering.
So, negligence is a legal concept that refers to the failure to exercise the level of care that a reasonable person would in a similar situation. When someone acts negligently and causes harm to another person, they can be held legally responsible for the consequences of their actions. This means that they may be required (through the legal process) to compensate the injured party for medical expenses, lost wages, pain and suffering, and other damages.
Lindsey Macon, personal injury lawyer Atlanta, is a partner in an Atlanta Georgia firm that knows what you case is worth. Mrs. Macon previously worked on the other side of these types of complex litigation cases where she learned how the defense team operates when acting on behalf of an insurer. This “education” has helped her overcome many potential pitfalls that other attorneys in Atlanta might not detect, in per-trial negotiations and maneuvering.
Atlanta Auto Accident Lawyer Lindsey Macon
How an Atlanta Car Accident Attorney Prepares to Fight a Motor Vehicle Accident Case
Navigating the legal process of seeking damages can be complex and overwhelming, especially when you are already dealing with the aftermath of a car accident. Seeking the guidance of an experienced personal injury attorney who can help you understand your rights and options for pursuing compensation is important.
Your attorney can help you gather evidence, negotiate with insurance companies, and represent you in court (or on pre-litigation negotiations) when necessary. By pursuing damages, you can hold the responsible party accountable for their actions and secure the financial compensation you need to move forward with your life after the accident.
In cases where someone else’s negligence has caused you harm, it is important to hold them fully accountable for their actions. All these types of civil litigation cases have a statute of limitations that must be followed, and various different “rules” exist as to how your civil litigation professional must file and serve that lawsuit.
For example, different, shorter time frames exist if the at fault party is a city, county, or state government entity. Certain pre-litigation guidelines control what must FIRST be done prior to suing that municipality or other governmental unit.
How an Atlanta Injury Attorney Can Make a Difference
Seeking compensation for damages and injuries sustained in a car accident is a legal right that every individual has. However, the process of obtaining this compensation is often fraught with challenges. However, just because the insurance company is making it difficult doesn’t mean you have to give up on seeking the compensation you are entitled to.
One of the biggest obstacles that some individuals may face is the resistance put up by the at-fault driver’s insurance company. Although practices vary, some of these companies are known for employing tactics to minimize their payout amounts or deny claims altogether to protect their insurance company’s bottom line.
This not only ensures that you receive the compensation you deserve, but also helps to prevent similar incidents from happening in the future. By holding negligent parties accountable, we can promote a safer and more just society for everyone.
Michael Thompson, car wreck lawyer Atlanta, works in the downtown Atlanta Office as well. He has been trained from his first day at the Firm to be wary about the tactics from the other side during the pre-litigation phase of these important cases.
Atlanta Auto Accident Lawyer Michael Thompson
From the moment you file a claim, the insurance company will likely try to undermine your case by questioning the extent of your injuries, the severity of the damage, or even your own level of fault in the accident. They may also delay the claims process, request unnecessary documentation, or offer lowball settlement offers in the hopes that you will accept less than what you are entitled to.
Dealing with an insurance company can be a frustrating and time-consuming process, especially when you are already dealing with the physical, emotional, and financial aftermath of a car accident. Having a skilled and experienced attorney on your side who can navigate the complexities of insurance negotiations and fight for the compensation you deserve is important.
When presented with a claim for monetary damages for their insured’s negligence, insurance companies look at the claimant’s medical history to obtain information about past events. These events could include a previous car crash, a workplace accident, or have occurred in high school as a sports injury.
If any prior medical treatment to this part of the person’s body is found, then the insurer will blame that prior incident for your current injuries. In such cases, the goal of the defendant’s insurer is to cut the dollar amount down to a low payout level.
It is important to have a lawyer who understands the medical and scientific aspects of your injury case. They can show that the car crash is the reason for your current pain and suffering.
A. The Duty of Care Required by Georgia Laws
To prove negligence, your lawyer will look at four (4) main things: Common sense tells you that everyone has a responsibility to not harm others. When catastrophic injury or death occurs, and the case proceeds to court, some verdicts make the news.
This responsibility can vary depending on the situation. For example, doctors must perform their care for their patients. Similarly, all drivers must also be careful on the road and follow all traffic laws.
B. Proving a Breach of the Duty of Care
When a motorist fails to behave in a “sensibly cautious” manner, resulting in harm, it is considered a violation of their duty of care. However, not all mishaps are the result of a breach of this duty.
For example, if a substantial branch drops onto the road and a driver has to veer to dodge it, leading to an accident, that driver may not have violated their duty of care. After all, another sensibly cautious individual would probably have responded similarly.
In premises liability cases, when you were invited to a person’s home (or to shop in a commercial establishment like Kroger), that property owner has a duty to have safe premises. In the homeowner situation, if a large dog attacks you, a premises liability claim can be brought.
C. Injury Caused by the Accident
Next, your car accident attorney based in Atlanta will evaluate whether your injuries were directly a result of the accident, instead of any other contributing factors. Insurance companies will try to link your injuries to other causes, rather than the accident itself.
The types of serious injury cases our legal team members have handled include this short list of highly debilitating injuries:
- Spinal cord injury requiring multiple surgeries.
- Herniated disc injury
- Dislocated knee
- Traumatic brain injury
- Loss of an arm
- Loss of vision in one eye
- Fractured hip
- Rib fractures from seat belt constriction.
- Scarring from burns suffered in a car collision.
- Paralysis following a rollover crash.
D. Real Damages Caused by the Accident
Following the first 3 steps shown above, your Atlanta personal injury lawyer must prove that you suffered real, monetary damages because of the accident. Once the other three hurdles are crossed, the bodily injuries created from these damaged body parts are generally the easiest aspect to prove.
The usual proof comes in the form of hospital and other medical bills, information about the level of pain and suffering, and establishing the number of lost wages. In most cases, other expenses are incurred and will be added to the evidence that you suffered substantial, documentable damage.
Call Now for a Free Consultation by dialing 404-565-1621 for free legal advice Atlanta GA. If you are seeking representation from female attorneys injury, Atlanta GA, you have come to the right law office.
Other Common Types of Civil Case Injuries that Our Georgia Injury Lawyers Handle
Because vehicular crashes are the most common cases brought to our office, we must first discuss car accident case claims. A car accident victim sometimes will not know (at the accident scene) how badly she or he is hurt on the day of the collision.
Due to the number of roadway crashes, more of these cases are where an Atlanta wrongful death attorney from our law firm is needed most often. The second most common category needing a wrongful death lawyer will be for medical malpractice litigation cases, usually involving surgical errors.
Commercial truck accident cases happen less often than car wrecks and motorcycle crashes, but a car accident claim is far less complex than a tractor trailer collision. Many of these may result in a wrongful death claim, too.
Contact our McArthur Law Firm (MLF) Attorneys at our Atlanta Office for your FREE Consult
Obtain a FREE attorney consultation that can assist any seriously injured individual. In addition, Holly Stephens, personal injury attorney Atlanta is available to obtain a no-cost initial consultation about your case.
Atlanta Auto Accident Lawyer Holly Stephens
When you must seek compensation for a trucking accident or car wreck claim, please take advantage of our FREE consultation with a motor vehicle crash lawyer Atlanta at MLF. A trucking accident attorney with our legal team can immediately deploy a highly trained truck accident reconstruction expert to the crash scene to start measurements and possibly collect drone footage.
If you or a family member was seriously injured in a car accident, our legal team can help. Our eight legal professionals confer with each other in order to fight for your rights and ensure you receive the compensation you deserve.
Call our Atlanta number, 404-565-1621, for immediate attention to your potential legal case. Since the call is FREE, and we advance all case costs for the investigation and litigation why wait any longer?
More Atlanta Auto Accident Lawyer Resources
If you’d like to learn more about the auto accident lawyers in Atlanta then read our informative articles below. We explore every aspect of the Atlanta auto accident injury cases McArthur Law Firm handles.
- Bus Accidents
- Car Accidents
- Drunk Driving Accidents
- Motorcycle Accidents
- Trucking Accident Attorney in Georgia
- Atlanta Personal Injury Lawyer: Atlanta Accident Attorneys
