By: Michael Thompson, GA Truck Accident Lawyer and Super Lawyers Rising Star in 2024 at McArthur Law Firm (MLF)
A tractor trailer accident case usually involves serious bodily injuries to other people in smaller vehicles. Many truck accidents in Atlanta (and the many surrounding counties) often result in catastrophic injuries and damages making legal representation critical to holding the negligent party responsible. If so, then the help of a Georgia truck injury lawyer with your truck accident case is highly advisable.
How a Georgia Truck Accident Lawyer Facilitates Obtaining the Maximum Recovery. A skilled lawyer can assist our client and other victims at the start of the case. They will investigate the accident and collect crucial evidence. The lawyer will also represent them in insurance negotiations or court proceedings.
Our 8 accident lawyers at our semi-truck accident law firm in GA gather and handle crucial evidence such as electronic data recorder (black box) data, the driver’s logbooks, and collect any witness statements, which are pivotal in building a strong case. In addition, by sending investigators to the accident scene, a trucking accident attorney Atlanta with our Office can sometimes locate business premises video camera footage that bolsters our client’s case value.
Guided by Kathy McArthur, a tractor trailer accident lawyer in Georgia since 1980, Michael has been overseeing numerous trucking accident cases for MLF’s clients. Mrs. McArthur, who is the cover story of the 2024 Super Lawyers for the entire State of Georgia, insists on not settling for less than the value of a claim and advises her clients to insist on a jury trial to ensure they receive what they are entitled to.
An Atlanta trucking accident attorney also will be able to counter any inappropriate insurance company delay tactics or debunk any case value lowball offers when they “test the waters” by trying to minimize injury claims and thereby keep our client from obtaining full and fair compensation.
While most trucking injury cases handled by McArthur Law Firm get resolved during the negotiation phase, some adjusters and insurance lawyers will want to test our resolve to hold out for top dollar recoveries. However, by building our case file — in every client’s case —as though trial will be needed, our McArthur attorneys are prepared to take the case to trial when that becomes necessary.
Injuries from Truck Accidents our Truck Crash Lawyer Team Handles
Injuries from truck accidents can include catastrophic injuries like severe traumatic brain injuries or spinal cord injuries, leading to extensive medical treatment, surgery, and long-term rehabilitation. Traumatic brain injuries (T.B.I.s) from truck accidents can be dangerous and prevalent, being the second-leading cause of T.B.I. in the United States.
Back and neck injuries from truck accidents are quite common and can range from minor pain to severe spinal damage requiring prolonged recovery, and possibly entail undergoing multiple painful excruciating procedures needed to reduce the pain levels.
- Truck accident-induced lacerations can lead to agonizing wounds that might cause lasting scars.
- Injuries to the ribs and torso are frequently seen in truck accidents and can be quite serious, given that the rib cage safeguards crucial organs.
- Head injuries in truck accidents can cause brain trauma without direct head impact, leading to cognitive and motor function loss.
- Truck accidents can result in burn injuries, particularly when the cargo is combustible, causing serious and possibly fatal conditions.
- Injuries to the internal organs such as the liver, spleen, and kidneys are common in truck accidents, often resulting from severe blunt force trauma.
- Truck accidents can cause spinal cord injuries that may result in paralysis. These injuries may not be obvious without advanced medical imaging.
In addition, before we file a claim for any client, our car accident lawyers need to know the scope and timeline for our client’s recovery process. Any skilled truck accident lawyer in Georgia knows that by settling before that is known could mean that the client accepts too little money and then cannot bring a new claim later.
At our Atlanta office, associate Holly Stephens came to work at McArthur Law Firm after first working for a trial court judge in the State of Texas. This constant preparation of that Court judge for civil litigation cases helped to prepare her for this trucking litigation job in Georgia. Incidentally, Texas is the state with the nation’s largest number of trucking accidents.
The Types of Potential Damages that Can Be Sought for Our Client
Different types of damages can be pursued under the law when recovering damages following a truck accident, including economic, non-economic, and punitive damages.
Economic damages refer to the financial losses that a person incurs as a result of an accident, injury, or other harmful event. These damage claims can include a wide range of expenses, such as medical bills, rehabilitation costs, lost wages, property damages, and other quantifiable costs.
Medical expenses are one of the most common types of economic damages, since they can quickly add up after an injury or illness. This can include costs for hospital stays, surgeries, medications, physical therapy, and other necessary treatments. These expenses can be ongoing and may continue for years, depending on the severity of the injury.
Lost wages are another significant economic damage that can result from an accident or injury. When a person is unable to work due to their condition, they may lose out on income that they would have otherwise earned. This can have a major impact on their financial stability and ability to support themselves and their families.
Property damage in car accidents is a common economic loss that can quickly become expensive to fix or replace. Repairing or replacing damaged property can be costly. The expenses can accumulate rapidly.
Economic damage is important in personal injury cases because they help compensate victims for financial losses caused by someone else’s negligence. By calculating these costs and seeking compensation, victims can start to rebuild their lives after a traumatic event.
Non-economic damages cover compensation for pain and suffering, emotional distress, and loss of enjoyment of life, which are harder to quantify. Lindsey Macon, truck accident lawyer Atlanta GA and a Partner at McArthur Law Firm, has overseen gathering this evidence in several of these cases, in preparation for court.
Punitive damages are intended to punish particularly egregious behavior and deter similar actions in the future. Federal regulations impose a very strict “no alcohol” set of rules showing the government’s effort to curb drunk driving by truckers, especially where highly publicized wrongful death cases make the news..
While rarely available, by digging deep to see what types of federal interstate trucking rules violations may have occurred, the value of such claims can be even higher. Insurers for trucking companies fully understand how a commercial driver’s case becomes indefensible in many of these situations.
For example, of the truck driver was hired by his commercial trucking employer when they knew that this CDL driver has one or more prior alcohol related traffic crimes in his or her history may be liable for punitive damages if that CDL operator was DUI in this crash. Another possible fact pattern for claiming punitive damages might be where the driver left the scene of a collision with our client’s vehicle, since hit and run is a very serious crime.
Economic Damages Available to Victims of Commercial Vehicle Accidents
Economic damages in truck accidents refer to the financial losses incurred as a result of the accident. This includes healthcare expenses, which can encompass medical bills, rehabilitation costs, and any other medical treatment needed to recover from injuries sustained in the accident.
Overall, economic damages in truck accidents can have a significant financial impact on victims and their families, and it is important to seek compensation to cover these expenses.
Lost income is a common category that refers to the wages or salary that a victim is unable to earn due to their injuries, whether temporarily or permanently. This can include lost wages from missed workdays, as well as future earning potential that may be impacted by long-term disabilities.
Property damage covers the cost of repairing or replacing any vehicles or other property that was damaged in the accident. This can include the cost of repairs, rental car expenses, and the diminished value of the vehicle after it has been repaired. Personal injury lawyers help their clients in calculating all damages, ensuring no expenses are overlooked and victims receive the maximum compensation possible.
Non-Economic Damages for Truck Accident Victims
- Non-economic damages are intangible costs that include physical and emotional pain and suffering. Our truck wreck attorneys in Atlanta GA may be able to add these to your claim.
- Examples of non-economic damage are loss of the pleasure of life, deformity, or having to endure some type of permanent impairment or scarring.
- The purpose of non-economic damages is to compensate for the emotional and mental impact of the accident.
- A Georgia truck accident attorney can help determine the value of non-economic damages since they are challenging to calculate.
Punitive Damages are Possible in Some Truck Wreck Cases
Punitive damages are awarded in a civil lawsuit when the defendant’s actions are very bad. They are meant to punish the defendant and stop them and others from doing the same thing again. To claim punitive damages, the plaintiff must show the defendant engaged in some type of intentional misconduct, like choosing to drink alcohol or using impairing drugs before getting behind the wheel.
For consideration of punitive damages, the defendant’s behavior must exceed simple negligence or recklessness. It must demonstrate deceit, malevolence, or deliberate misbehavior.
Fraud pertains to deliberate deceit or falsification, whereas malice is about a conscious intention to injure another individual. Willful misconduct is about actions carried out with careless indifference to the outcomes.
Punitive damages are decided by a judge or jury based on the case facts and defendant’s actions. The amount can vary greatly, usually being higher than compensatory damages. On the other hand, compensatory damages aim to reimburse the plaintiff for their losses.
The primary purpose of punitive damages is to punish the defendant for egregious behavior and to serve as a deterrent against similar future conduct. In essence, punitive damages act as a means for our Atlanta truck accident lawyers to hold culprits responsible for their deeds and convey a clear message that specific actions are unacceptable in society.
Don’t Delay and Let Evidence Disappear: Contact our Lawyers Now for a No Cost Meeting
At MLF, we exclusively handle cases for clients who have suffered injuries or lost their lives due to the negligence of others. Our truck accident attorneys in Georgia offer legal services, conduct thorough investigations, and assist clients throughout their personal injury legal proceedings.
Our truck accident attorneys in Georgia provide legal aid, probe into cases, and navigate clients through their personal injury legal battles. Our clients do not pay out a dime until we win their cases, at which time our costs and fees are collected.
Obtain a FREE consultation with an experienced accident lawyer in Atlanta GA by calling the Atlanta number, 404-565-1621. You will be interviewed by an attorney from the McArthur Law Firm in Atlanta, Georgia, or at any of our two other law office sites. Additionally, if you are unable to leave your home, we can arrange to visit your location.
More GA Truck Accident Attorney Resources
If you’d like to learn more about GA truck accident attorneys, then read our informative articles below. We explore every aspect of truck accident attorneys in GA so that we can answer any questions you might have.
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- Deadliest Highways For Truck Accidents
- Truck Accident Laws in GA
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