A car accident can leave you facing not only physical injuries but also financial and emotional burdens. Understanding your legal rights and knowing what you can sue for in a car accident is crucial.
At Joe Durham Jr., P.C., we specialize in helping auto accident victims in Georgia obtain the maximum compensation. This blog post explores the various types of damages you can pursue in a car accident claim and how an experienced Albany car accident lawyer can help.
If you have been involved in a car wreck, call our experienced Albany, GA car accident lawyers today for a free consultation.
What Can You Sue for in a Car Accident Lawsuit?
If you are in a car crash, you have the right to seek financial compensation from the at-fault party.
Medical Expenses
Medical costs are often the most immediate and pressing concern following a car accident. In a car accident lawsuit, you can seek compensation for all medical bills related to the accident. This can include:
- Emergency room visits
- Surgeries
- Hospital stays
- Physical therapy
- Rehabilitation costs
If you require ongoing medical treatment, your personal injury lawyer will work with an expert to estimate the cost of future medical bills.
Lost Income
If your injuries from the car accident prevent you from working, you can recover compensation for lost wages. This includes not only the income you have already lost but also any future earnings you might miss out on due to ongoing disability or reduced capacity to work.
Property Damage
Car accidents often result in substantial property damage. In a car accident lawsuit, you can claim vehicle repair costs, or if your vehicle is totaled, the fair market value. You can pursue compensation for rental car fees while your vehicle was in the auto repair shop, towing changes, and replacement costs for personal belongings damaged in the accident.
Pain and Suffering
Beyond the tangible costs, car accidents can cause significant pain and suffering. This category of damages covers the physical pain and emotional distress you experience as a result of the accident. Examples of emotional distress include anxiety, depression, and PTSD.
Punitive Damages
In cases where the accident was caused by willful misconduct or gross negligence, you might be entitled to punitive damages. These damages are intended to punish the wrongdoer and deter similar behavior in the future.
In most personal injury cases, Georgia law limits punitive damages to a maximum of $250,000. However, the cap on punitive damages does not apply to drunk driving accidents.
Who Pays for Car Accidents in Georgia?
Georgia is an at-fault state, meaning that the at-fault driver or their insurance company is responsible for paying after an accident. If the other driver is at fault, the driver’s insurance company may pay for your losses and injuries up to the insurance policy limits.
The minimum limits of auto liability insurance required under Georgia law are:
- Bodily Injury Liability – $25,000 per person and $50,000 per incident.
- Property Damage Liability – $25,000 per incident.
What happens if you’re hit by an uninsured driver? In this scenario, you can file an uninsured motorist claim with your own insurance company if you have Uninsured and Underinsured Motorist Coverage (UM/UIM).
How Much Is My Car Accident Case Worth?
The potential payout in a car accident case depends on various factors, such as injury severity, the extent of your losses, and whether you are partially at fault.
In general, compensation is higher in car accident cases involving severe injuries. Serious injuries result in higher medical costs and longer recovery.
Georgia uses modified comparative negligence when determining liability in car accident cases. This means that if you are found to be partially at fault for the accident, your compensation amount may be reduced by the percentage of your fault. If you are 50% or more at fault, you may not be entitled to any compensation.
How Can an Albany, GA Car Accident Attorney Help You?
Navigating a car accident case and recovering compensation can be complicated. Our Albany car accident lawyers at Joe Durham Jr., P.C. are committed to helping you every step of the way.
Collecting Evidence
Your attorney will collect crucial evidence to support your car accident claim. This includes analyzing accident scene evidence and the police report to prove the other party’s negligence. In some cases, a car accident attorney will hire accident reconstruction experts to analyze the crash scene and reconstruct the events leading up to the accident.
Your lawyer will build a strong case to prove negligence and establish the other driver’s liability.
Calculating Losses
Calculating the full extent of your losses after an automobile accident requires expertise. A lawyer can help you accurately assess all your damages. They will review your medical records to understand the long-term implications of your injuries and consult with medical professionals to estimate future medical costs. By taking into account both current and future expenses, your attorney ensures that you seek adequate compensation for your recovery needs.
Moreover, your attorney will evaluate non-economic damages such as pain and suffering and emotional distress. Calculating the potential payout for non-economic losses is complicated and requires a lot of experience.
Negotiating with the Insurance Company
Insurance companies often aim to minimize payouts, and without proper representation, you might end up with less compensation than you deserve. A car crash lawyer knows how to negotiate for a fair settlement effectively. They understand the tactics insurers use and will be prepared to counter lowball offers.
Representing You in Court
If the insurance company refuses to offer an adequate settlement, representing you in court becomes a crucial role for your car accident lawyer. Court proceedings can be intimidating and complex, but an experienced attorney can guide you through every step.
With a strong case built on solid evidence, your lawyer will argue on your behalf to secure the compensation you deserve. A car accident attorney will handle all legal procedures, from filing motions to questioning witnesses.
FAQs
How Long Do You Have to Start a Car Accident Lawsuit in Georgia?
In Georgia, you generally must file a personal injury lawsuit within two years of your car accident.
How Much Does a Car Accident Lawyer Cost?
At Joe Durham Jr., P.C., we handle car accident cases on a contingency fee basis. This means you pay no legal fees unless we win compensation for you.
Contact Our Albany Car Accident Lawyers for a Free Consultation!
If you or a loved one has been injured in a crash in Georgia, you need a trusted law firm on your side. Our accident lawyers in Albany, GA are here to help you get the compensation you deserve. Contact Joe Durham Jr., PC today to schedule your free consultation.
