If you’ve recently been involved in a car accident, you’re probably hoping that the insurance company will take care of you. If the other driver was clearly at fault, their insurance should cover your medical bills and any other losses you suffered.
Unfortunately, there’s never a guarantee that the insurance company is going to approve your claim. They may only pay part of your claim, or they may refuse to pay it at all. If this is where you find yourself, it’s in your best interests to call an auto accident lawyer in Albany as soon as possible.
Our Albany, Georgia personal injury lawyers have handled hundreds of car accident cases over the years. They understand how the insurance companies work and they’re not intimidated by the insurance adjusters.
They look to see what kind of evidence is available to support your case and give you an idea of how you should proceed. The only way they can do this, of course, is if you call and schedule your free, initial consultation with our office.
Your Auto Accident Lawyer in Albany Will Need Enough Evidence to Prove Fault
Some people think that just because they were involved in a car accident, they’re automatically entitled to compensation. This couldn’t be further from the truth. A lot of people are involved in motor vehicle accidents and never receive a dime.
In fact, most people who are involved in car crashes never meet with an attorney. They don’t sue anybody. They assume that if the insurance company thought they were at fault, they would have paid their claim.
There are other cases, however, where it’s pretty clear that the other driver was responsible for the crash. If this is the case, then you absolutely should meet with an auto accident lawyer now. You need to find out what your options are.
If your attorney feels there’s enough evidence to support your claim, they may be willing to file suit on your behalf. Just remember, your attorney will need to prove negligence in order to get you compensation for your injuries.
To prove negligence, your Albany, Georgia personal injury lawyer must prove the following four things:
- The other driver owed you a duty of care.
- The defendant breached this duty.
- You were injured.
- Your injuries were directly caused by the defendant’s breach of duty.
Essentially, negligence just means that the other party didn’t behave the way a normal person would have given the circumstances. For example, if the other driver was texting and driving in bumper-to-bumper traffic, they’ll likely be held accountable for your injuries. Similarly, if the other driver was doing 80 miles an hour in a 45-mile-per-hour zone, there’s a good chance they’ll be held civilly liable.
Can the Defendant Prove that You Were Partially at Fault?
One of the concerns your auto accident attorney in Albany may have is whether the defendant can show that you were partially at fault. In Georgia, the law states that anybody who is partially at fault can still collect damages. However, their damages will be reduced by their percentage of thought.
For example, imagine you were involved in a rear-end collision and sued the other driver for $100,000. The defendant’s attorney is able to show that your brake lights were not working at the time of the crash. You may be found 30% liable for the accident. This means your damages will be reduced from $100,000 to $70,000.
Do You Have Medical Records Showing that You Were Injured?
Your Albany, Georgia personal injury lawyer will also need to prove your damages. This means they’re going to need to be able to prove that you were injured in some way. The best way to do that is by submitting a copy of your medical records showing your injuries. They can also submit copies of any receipts or “explanation of benefit” forms you have demonstrating your medical bills.
If your auto accident lawyer in Albany believes you’re entitled to economic damages, such as lost wages and lost future income, they’ll need to submit evidence of this as well. They can do this by submitting copies of your pay stubs and tax records to show what you normally earned prior to the crash.
Finally, your attorney is going to argue that you’re entitled to damages for pain and suffering. These are usually the hardest damages to prove because they rely on something that’s intangible. Your attorney may need to get statements from your friends and family as well as your doctors attesting to the pain you suffered and the emotional turmoil the accident caused.
The Only Way to Know for Sure Is to Call an Auto Accident Lawyer in Albany
Some people who have been involved in motor vehicle accidents assume that they have the right to file suit against the other driver. This is because most people never want to admit that they played a role in the crash. This is human nature-it’s the same way anybody else would feel given the circumstances.
However, if you really want to know if you have a claim for damages, you should meet with an auto accident lawyer in Albany first. When you sit down with your Albany, Georgia personal injury lawyer for the first time, they’ll ask you to tell them your story. Tell them what you remember from the crash and the kind of injuries you suffered.
During this first meeting, your attorney won’t have a chance to review all of your medical records and the police report. Therefore, it’s a good idea to send this information to them ahead of time so they can prepare for your free initial consultation.
Your Albany auto accident lawyer’s job is to determine whether you have a valid claim. If they don’t think your case has merit, they’ll be upfront and honest and let you know. If they believe you have a legitimate claim for damages, they may offer to represent you. It all depends on the facts of your case and the evidence to support it.
We recommend that you call our office as soon as possible after the crash and ask to meet with one of our Albany, Georgia personal injury lawyers. Take advantage of your free, initial consultation and find out what options are available to you.