Atlanta Car Accident Lawyer

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Atlanta Car Accident Lawyer

Atlanta, GA Car Accident Attorney

Have you or a loved one been involved in a car accident that wasn’t your fault? Are you facing medical bills, lost wages, and emotional distress due to someone else’s negligence on the road? When your life is turned upside down by an unforeseen car collision, you need a legal team that will fight tirelessly to ensure you receive the compensation you and your family deserve. An experienced Atlanta car accident lawyer can help you find a resolution after a traumatic accident.

Car accidents are one of the most common causes of personal injury. In 2020, there were 45,779 crashes throughout Fulton County, according to the Georgia Office of Highway Safety. Eight hundred eighty of those accidents resulted in suspected serious injury, and there were 145 traffic fatalities.

Of these fatalities in 2020, 38 were related to alcohol, and 43 were related to speeding. Two fatalities were bicyclists, 14 were motorcyclists, and 37 were pedestrians. In Atlanta, the metro intersection with the most accidents was Panola Road and Covington Highway.

When someone else is at fault for your accident and injury, you can hold them accountable. Through insurance and civil claims, you can recover monetary compensation for your medical costs, lost income, and any other damages.

Introducing Our Atlanta Car Accident Lawyers

At Nichols Injury Law, we understand the physical, emotional, and financial toll a car accident can take on your life. Our team is here to support you through this challenging time and help you navigate the legal process. With years of experience and a track record of successful outcomes, we are committed to seeking justice for our clients and holding insurance companies responsible.

Why Choose Us?

  1. Compassionate Support: We know that a car accident can be a traumatic experience, and we treat our clients with the utmost compassion and respect. Attorney Titus Nichols will listen to your story, understand your needs, and provide personalized legal guidance tailored to your unique situation.
  2. Legal Expertise: Attorney Titus Nichols is well-versed in the complexities of personal injury law, and we have a deep understanding of the local regulations and court systems. This knowledge empowers us to build strong cases that stand up to insurance companies and opposing counsel.
  3. Proven Track Record: Attorney Titus Nichols has a history of achieving favorable settlements and verdicts for our clients. Our firm’s negotiation skills and Titus’ courtroom tactics have allowed the firm to secure maximum compensation for medical expenses, lost wages, pain and suffering, and more.
  4. No Fee Unless We Win: We believe that everyone deserves access to justice. That’s why we work on a contingency fee basis, meaning you don’t pay us anything unless we win your case. Your recovery is our top priority, and you can trust that we will fight tirelessly on your behalf.
  5. Open Communication: We believe in keeping our clients informed at every step of the legal process. You will have direct access to your attorney, and we will promptly address any questions or concerns you may have.

The experienced team at Nichols Injury Law can determine if you have an insurance or civil claim, work diligently to find evidence, and advocate for your needs. Our goal is for you to get the rest and healing you need while we work on holding the insurance company responsible.

Is Georgia a No-Fault Car Accident State?

No, Georgia is not a no-fault state but an at-fault state. When you and another driver are in an accident, you can file an insurance claim with the insurance provider of the at-fault driver. This is why it’s important to determine who is at fault for the accident. If you were at fault, the other driver files with your insurance provider.

If the other driver was at fault, you can recover your damages through their insurance. An attorney can negotiate with an insurance provider to get you the compensation you need.

Our Areas of Expertise

Every car accident is different, and each results in different injuries and damages. When selecting a Georgia car accident lawyer, one important thing to consider is their level of experience in your type of car accident claim.

Although there will always be unique challenges, an attorney who has worked on cases like yours can bring certain benefits. For example, accidents involving commercial vehicles have additional complications, like the commercial company’s insurance provider, federal trucking regulations, and more complex fault determinations. An attorney who only works on straightforward car accident claims may not have the resources and knowledge needed to address these challenges.

When an attorney has managed cases like yours, they likely know how to navigate challenging aspects, the most effective ways to investigate and gather evidence, and what long-term damages you may be eligible for. This experience can increase the chances of your claim succeeding.

At Nichols Injury Law, we have had years of experience managing cases such as:

  • Car Accidents: Most people on the road try to drive cautiously and safely and react appropriately to changes in traffic and bad weather. Unfortunately, not everyone on the road drives carefully, and sometimes, outside factors can cause accidents. When another driver or someone else on the road fails to uphold a reasonable duty of care, they can be found at fault and be liable for damages. Drivers may fail to uphold a duty of care by driving distracted, ignoring traffic signals, or driving under the influence.
  • Truck Accidents: Truck accidents are more likely to cause severe injuries and fatalities for those in passenger vehicles. Those in smaller motor vehicles may suffer disfigurement, disabling injuries, and other long-term or catastrophic injuries. These claims are more complex because of the higher compensation required for severe injuries and because many parties could be deemed at fault.
  • A trucking company may be liable because its employee is at fault because it required unsustainable deadlines, or because it failed to properly maintain and care for the trucks. Other parties, such as a third-party maintenance company or a truck manufacturer, may also be liable. Truck accidents require in-depth investigation from an experienced attorney. An attorney is also helpful when negotiating against a trucking company’s insurance provider.
  • Motorcycle Accidents: When motorcyclists are in collisions with other cars, the cyclist faces the worst of the damage. Motorcycles have fewer safety protections, and the rider will be impacted by the collision and may also be thrown from their vehicle. Often, the car’s driver is at fault for driving distracted and failing to notice a motorcyclist or driving recklessly near a motorcycle.
  • Pedestrian Accidents: Pedestrians who are involved in motor vehicle collisions are much more likely to suffer catastrophic and disabling injuries like traumatic brain injuries, spine and spinal cord damage causing paralysis, and severe internal organ damage. A personal injury claim can provide injured individuals or their surviving loved ones with the financial stability they need to recover.
  • Hit-and-run Accidents: Hit-and-run accidents can occur to a vehicle when it is parked, but they also can occur on the road. Drivers who leave the scene of the accident are committing a criminal offense. When you are involved in a hit-and-run accident, you usually cannot file an insurance claim against the at-fault driver. Investigation from law enforcement or an attorney may help locate the driver, but this does not always happen. An attorney can talk you through the options for resolving your case, such as filing with your own insurance. It can be hard to know what to do, but an attorney can help you identify your options.
  • Rideshare Accidents (Uber, Lyft, etc.): Filing a claim after a car accident with a rideshare driver can be complex. Whether the rideshare driver was in the process of a trip or not changes the insurance you file with. An attorney with experience in these cases can help. If you were injured while in a rideshare, an attorney can also help you determine the most effective way to obtain compensation.
  • Distracted Driving Accidents: Distracted driving is one of the most frequent causes of collisions and accidents. When a driver takes their focus off the road, and this leads to an accident, they can be held liable for damages.
  • Drunk Driving Accidents: It is illegal to drive while impaired by drugs or alcohol, and if a driver causes an accident, they may face criminal charges in addition to civil claims.
  • Wrongful Death Claims: If a loved one is involved in a car accident and is killed on the scene or later dies of their injuries, their surviving family members can file a wrongful death claim against the at-fault driver. This claim can recover the family’s loss of income, funeral and burial costs, and other economic or intangible losses. A wrongful death claim can provide a family with the time they need to grieve.

What Is the Georgia Law on Auto Accidents?

When another party acts negligently and without proper care, and this causes an accident, they are legally responsible for the damages that result.

Although some car accidents can be covered with an insurance claim, sometimes, the damages
are more significant. Even if an attorney is able to negotiate the maximum amount available in an insurance claim, the property damage and costs of medical care may far exceed this amount. In those situations, an injured driver may need to file with their own insurance or file a civil personal injury claim. An attorney can help you determine the ideal legal route to obtain compensation.

Take the First Step Towards Justice

Don’t let the aftermath of a car accident overwhelm you. Our dedicated team of car accident experts led by Titus is here to fight for your rights and pursue the compensation you and your loved ones deserve. Contact us today for a free consultation to discuss your case, and let us take the burden off your shoulders so you can focus on your recovery.

Remember, Time Is Of The Essence. Act Now To Preserve Crucial Evidence And Protect Your Rights.

Call us at 678-722-5311 or fill out the contact form to get started. Let us be your voice and advocate for justice in this difficult time.

Proving Fault in an Atlanta Car Accident Claim

For most car accidents, fault is assigned based on negligence. Negligence occurs when someone fails to act with reasonably expected care. On the road, drivers owe each other a duty of care, and any reckless, harmful, or illegal actions may be a breach of this duty and cause accidents. When an attorney investigates your accident, they will look for evidence of who was at fault. To prove another driver liable, the following elements must be proven:

  1. A duty of care. The other driver has a duty to you and others on the road to act with reasonable care.
  2. Breach of duty of care. The driver breached this duty of care through action or inaction, such as driving recklessly or not adapting to changes on the road.
  3. Causation. Their action or inaction directly led to the accident.
  4. Damages. You suffered injuries and/or damages that are legally compensable in court.

Another driver may also be liable for an accident for acting with intentional misconduct or behaving maliciously and causing an accident. When someone’s actions are malicious or grossly negligent, the civil court may assign an additional type of damages called punitive damages. These damages do not recover any specific loss by the injured party but are intended to punish the at-fault party for their wrongdoing.

Strict liability could also apply in some car accident cases. If the accident was caused by a vehicle malfunction, the designer, manufacturer, or distributor may be liable for the defect. Companies are responsible for making safe products and are held strictly liable for product defects and resulting damages.

What Is the Statute of Limitations in Atlanta for Car Accident Claims?

The statute of limitations for civil claims is the time limit in which you have to file. In Georgia, the statute of limitations for personal injury claims, like car accident claims, is two years. If you do not file the civil claim within this time, you lose your right to obtain compensation.

The two-year time limit begins from the date the accident occurred or from the date you discovered or should have discovered injuries or damages from the accident. There are specific circumstances that may lengthen or shorten the statute of limitations, and your attorney may know when those apply.

There is also a time limit on filing an auto insurance claim. However, there is no legal standing for this time limit, and it varies based on the insurance provider and its specific policies. In many cases, the deadline to file a car insurance claim is as soon as possible following an accident.

You should begin working with a car accident attorney as soon as you can after an accident. This gives the attorney ample time to investigate the accident, compile evidence, and calculate your damages. Your attorney can determine if you should file a civil claim in addition to an insurance claim and effectively negotiate on your behalf.

Although it may feel like you have significant time to file a claim, waiting can be detrimental. Essential evidence may be lost or less clear if too much time passes, which can weaken your claim and prevent you from regaining your rightful damages.

Why do you need an Atlanta car accident lawyer?

A legal claim is more likely to succeed and is much easier to navigate with seasoned legal care and support. Some of the benefits of working with a car accident attorney include:

  1. Legal Expertise and Knowledge: Car accident laws can be complex, and they vary from state to state. An Atlanta car accident lawyer will have in-depth knowledge of Georgia’s traffic laws, insurance regulations, and personal injury statutes. This expertise allows them to navigate the legal system efficiently and build a strong case on your behalf.
  2. Protecting Your Rights: Insurance companies often try to minimize their payouts to accident victims. An attorney will advocate for your rights and ensure that you are not taken advantage of during the claims process. They will handle all communication with the insurance companies, protecting you from any tactics that could devalue your claim.
  3. Determining Liability: Establishing fault in a car accident can sometimes be challenging, especially in cases involving multiple parties or complex circumstances. A skilled attorney will conduct a thorough investigation, gathering evidence, interviewing witnesses, and reconstructing the accident scene if necessary to determine liability accurately.
  4. Maximizing Compensation: A car accident lawyer’s primary goal is to seek the maximum compensation you deserve for your injuries and losses. They will assess all damages, including medical expenses, lost wages, property damage, pain and suffering, and more, to ensure you are fairly compensated.
  5. Negotiating with Insurance Companies: Insurance companies may use tactics to undervalue your claim or attempt to settle quickly for a lower amount. Your lawyer will negotiate with the insurance companies on your behalf, using their experience to secure a fair settlement that reflects the true extent of your injuries and damages.
  6. Litigation Representation: In some cases, negotiations with insurance companies may not lead to a satisfactory outcome. If your case needs to be taken to court, having a skilled car accident lawyer who is experienced in litigation can make a significant difference in the success of your case.
  7. Reducing Stress: Dealing with the aftermath of a car accident can be overwhelming, especially if you are dealing with injuries and emotional trauma. By having a lawyer handle the legal aspects of your case, you can focus on your recovery and well-being, knowing that a professional is fighting for your best interests.
  8. Statute of Limitations: In Georgia, there is a limited period within which you can file a car accident lawsuit. An attorney will ensure that all necessary paperwork is filed on time, preserving your right to seek compensation.

When in doubt, just call us!

If you’re unsure about the need for an attorney, it’s always a good idea to seek professional advice to make an informed decision about the best course of action for your case.

What is the average car accident settlement in Atlanta, GA?

Every case is different because every person’s injury is different. The value of your case depends on the details and severity of your case.

Keep in mind that a skilled car accident lawyer will work diligently to secure the maximum compensation possible for your injuries and losses, whether through a settlement or, if necessary, through litigation in court.

The settlement amount in your claim will depend on the damages you have suffered and have a right to recover. You have the right to recover all compensatory damages, which include economic and non-economic damages. Economic damages are calculable damages with a set amount. These include:

● Medical Bills: These include all current and future medical care and costs. Medications, surgeries, and physical therapy are all examples of covered costs. If your injury has known expected complications, this potential cost could also be included in the settlement.
● Lost Income: If you had to take time off work to recover, the wages you would have typically earned could be fully covered in the settlement. This could also include benefits or bonuses that you would have earned.
● Lost Future Income: If your injury has prevented you from returning to your job or disabled you so that you are unable to work in your field, additional compensation is possible. The wages you would have earned in the future and throughout your lifetime could be included in a settlement. You may have lost future earning potential due to your injuries, and this loss should be compensated.
● Property Damage: Any damages to your vehicle and other items that were not covered by an insurance claim could be covered through a civil claim.

Any other economic damages that directly resulted from the accident may also be compensable. If you become disabled and require in-home care because of the accident, these costs may also be covered by a settlement. An attorney will know the common economic damages available in your claim, including those you may not be aware of.

Non-Economic Damages

Non-economic damages are intangible losses with subjective values. Non-economic damages include:

  • Pain and suffering
  • Loss of intimacy with a spouse
  • Loss of consortium
  • Physical pain
  • Emotional trauma and distress
  • Loss of enjoyment of life
  • Loss of quality of life
  • Disfigurement and scarring

Non-economic damages can be hard to accurately value without experience. A car accident attorney likely has significant experience determining the value of non-economic damages based on certain types of accidents and injuries.

Damages in a Wrongful Death Car Accident Claim

When you lose a loved one due to a car accident, a wrongful death claim can recover economic and non-economic damages, such as:

  • Loss of companionship
  • Costs of a funeral
  • Burial costs
  • Loss of financial support and income
  • Any outstanding medical costs from the accident

After the loss of a loved one, an attorney can help you navigate a claim and advocate for the settlement you and your family deserve, holding the at-fault party accountable for their actions.

If You Are Partially at Fault for a Car Accident, Can You File a Claim?

Depending on the circumstances, you could be partially at fault for a car accident in Atlanta and still recover compensation. Georgia functions under modified comparative negligence laws. Under these guidelines, you can be as much as 49% liable for an accident and still file for compensation. However, once you are 50% or greater liable, you are barred from filing a claim and receiving compensation.

During an insurance claim or a civil claim, the percentage fault may be divided between the two or more parties involved. If you can still claim damages after your fault is determined, your final settlement amount will be reduced by whatever percentage fault you held. In some cases, this can significantly influence the compensation you may need to remain stable and recover.

An attorney can attempt to prove that you had less fault in the accident, which can help you obtain the damages you need.

How Much Do Accident Lawyers Charge in Georgia?

There are many factors that impact the cost of car accident attorneys in Georgia, including the attorney’s location, fee structure, and experience. In most cases, personal injury attorneys charge based on a contingency fee. Under these guidelines, clients have few or no upfront costs. Instead, the attorney receives a percentage of the final settlement as payment. If the attorney does not obtain a settlement, the client does not owe them any legal fees.

The percentage of the claim that the attorney receives depends on the difficulty level of the case, as well as state statutes. In Georgia, the amount is typically 33 to 40%. If the case is incredibly complicated and/or goes to court, an attorney will likely receive a higher percentage of the settlement.

Always discuss fees with an attorney prior to hiring them.

Recovering From an Atlanta Car Accident

When you have suffered a traumatic car collision, a claim may enable you to get the closure and stability you need. At Nichols Injury Law, we believe that those injured by the negligence of others should get the compensation they deserve. We are proud to support individuals and families in our community. Contact our team today to learn how we can help you resolve a car accident claim.

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