After suffering devastating injuries in a motor vehicle wreck, you may be anxious to take action so you can hold the at-fault party accountable.
However, the claims process can be intimidating, especially if you have never been through it before or are dealing with a catastrophic injury that limits your ability to do much of anything beyond healing.
Fortunately, when you have a trial-tested Duluth car accident lawyer from Slam Dunk Attorney handling your case, you can get the support and answers you need when you need them most.
Our team will ensure you understand every step of the car accident lawsuit process so you feel confident going into insurance negotiations and your civil lawsuit.
It is our goal to keep you informed and prepare you for what is to come to the best of our ability. Here is more about how the car accident lawsuit process works, what to expect from your civil claim, and how we can help you maximize your compensation.
Understanding the Car Accident Lawsuit Process
Far too many car accident victims hesitate to take action on their claims. You may be worried that your case will not be taken seriously, or you may be intimidated by the thought of going through the legal process.
However, with a reputable Duluth personal injury lawyer from Slam Dunk Attorney working for you, you can focus on rebuilding your life while we handle the legalities.
However, that does not mean you should not keep yourself informed throughout the process. Understanding the accident lawsuit process is an integral part of demanding the fair compensation you deserve. While every case is different, here is a general idea of what you can expect once you decide to hire a Duluth catastrophic injury lawyer:
For a free legal consultation, call 404-951-3513
The Investigation
To begin, we investigate. We will need to do a deep dive into the evidence at hand and hire the appropriate experts to identify the at-fault party and help us build a powerful claim against those responsible.
The burden of proof in car accident lawsuits and personal injury claims is based on a preponderance of the evidence according to Georgia Code §24-14-1, which means we need compelling evidence to support your case, such as:
- Data obtained from vehicle black boxes
- Witness statements
- Video footage of the collision
- Photos of your injuries
- Accident reconstructionists’ reports
- Auto parts recall informational sheets
- Safety inspection reports
- The other involved driver’s driving record
- The other involved driver’s blood alcohol concentration (BAC) results
- Copies of the other involved driver’s cell phone records
Establishing Culpability
The evidence we obtain will help us determine who should be sued for your damages. We have handled thousands of car accident lawsuits like yours over the years, so we have a general idea of who should be ordered to compensate you for your losses, depending on the type of collision you were involved in and how the accident occurred. Some of the most common causes include:
- Speeding
- Reckless driving
- Distracted driving
- Dangerous roads
- Defective vehicle parts
- Aggressive driving
- Impaired driving
- Wildlife
- Poor weather conditions
Click to contact our personal injury lawyers today
Quantifying Damages
Next, we need to determine how much compensation we should demand in your insurance and civil claims. We know you have the right to be made whole as described under Georgia Code §33-24-56.1.
However, quantifying your economic and non-economic damages involves a comprehensive analysis of multiple losses, such as:
- Loss of income
- Emotional distress
- The diminished value of your vehicle
- Reduced earning potential
- Mental anguish
- Loss of enjoyment of life
- Rental car cost
- Reputational damage
- Medical bills
- Loss of household services
- Disfigurement and permanent disability
- Embarrassment and shame
- Vehicle repair expenses
You could also be awarded punitive damages. However, they are not available in every case per Georgia Code §51-12-5.1. Instead, punitive damages will typically only be awarded if the defendant’s conduct is grossly negligent, intentional, or reprehensible.
Complete a Free Case Evaluation form now
Insurance Claims
Once we know who should be held accountable for your damages and how much compensation you should be awarded, we can move forward with an insurance claim.
Of course, this is dependent on the liable party having auto insurance coverage since Georgia is a fault insurance state, as described by the Georgia Office of Commissioner of Insurance and Safety Fire. This means we will be dealing with the liable party’s insurer as opposed to yours.
Dealing with the insurance company will be tricky. The insurance company will lose money by settling your claim, so do not be surprised if they push back.
However, they are required to pay out up to the policy limits and compensate you for the covered losses as described in the policy, so we will do everything possible to ensure they are held to this obligation.
Civil Court
Your insurance settlement may not cover the total value of your damages. For this reason, you should prepare to file a personal injury lawsuit in addition to your insurance claim. This way, you can ensure you are getting the most out of your effort.
Our team will be prepared to advocate for maximum compensation at trial. We will present powerful supporting evidence to establish liability and the extent of your damages. It should be noted that if you can obtain a settlement from the insurance company that covers the total value of your damages, your case may not need to go to trial.
Get Help from a Duluth Car Accident Law Firm Today
Keep in mind that no two car accident lawsuits are the same. Some cases will be resolved during insurance negotiations, while others will require further legal action through a personal injury lawsuit.
Rest assured that your dedicated Duluth personal injury lawyer from Slam Dunk Attorney will do everything in our power to get the most out of your claim.
We are not afraid to proceed with a civil claim if that is what it takes to maximize your payout. You should not be stuck covering even one penny in expenses if someone else is responsible for causing your wreck.
Complete our secured contact form or call our office to schedule your free, no-obligation consultation as soon as today and take your first steps towards a brighter future.
Call or text 404-951-3513 or complete a Free Case Evaluation form
