East Point Car Accident Lawyer

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East Point Car Accident Lawyer

East Point Car Accident Attorney

Being in a car accident can be traumatic. Some accidents are minor, but others cause significant damage to people, their property, and their immediate and even long-term future. When your life is changed by an unforeseen accident, you need a knowledgeable lawyer whom you can trust. An East Point car accident lawyer at Nichols Injury Law can help.

Why Choose Us?

At Nichols Injury Law, we understand the many challenges that come after being involved in a car accident. Our team is available to provide both positive support and knowledgeable legal guidance. Our compassionate assistance can be tailored to your specific situation, ensuring that your needs are heard and that you feel supported during the process.

We have a proven record of favorable settlements for our clients. Our firm has a deep understanding of local laws and court systems. We are committed to fighting for you and your rights so that you receive the maximum compensation for your damages. Our ultimate goal is to not only provide you with the compensation you deserve but also the advocacy and support that you need to confidently move forward.

Georgia Car Accident Laws

While many states have begun to adopt a “no-fault” law, where their insurance companies will cover damages, regardless of who is at fault, Georgia is not one of those states. Georgia is a “fault” state. This means that the person who is responsible for the accident is also responsible for the financial burden that occurs as a result of the accident.

This essentially means that the at-fault driver’s insurance company will cover damages incurred to both the driver and the other people affected by the accident, up to the amount of the driver’s liability coverage limits.

If you are partially at fault for an accident, Georgia has what is called “modified comparative negligence.” This means that if you were deemed to be a percentage at fault, the at-fault driver will cover damages minus the percentage that you were at fault.

For example, suppose that your damages in a car accident are $10,000. The driver who hit you was speeding and ran a stop sign when he hit you, but perhaps you didn’t make a full stop at your stop sign when entering the intersection. The court may deem you 10% at fault. Therefore, your damages would be $10,000 minus 10%, totaling $9,000.

There is no formula for determining the percentage of fault, so the outcome will be based on the evidence used to convince an insurance claims adjuster or the court of the level of fault.

It is also worth noting that the comparative negligence law will not apply to you if you are considered 50% or more at fault for the accident.

Proving Fault in a Car Accident

According to car accident laws in East Point, GA, fault is defined as someone being negligent in their behaviors. Negligence means that they failed to operate within their duty of care. Drivers are expected and required to operate within their duty of care while on the road, meaning that they agree to not drive recklessly and in ways that could harm others. For negligence to occur, the following scenarios have to be present:

  1. The driver has a duty of care to drive reasonably and responsibly while on the road
  2. The driver breached that duty of care, as they did not operate their vehicle with a reasonable amount of care while on the road. This could be through action or inaction, such as excessive speeding or failing to follow traffic signs.
  3. The driver’s actions directly led to the accident.
  4. The damages you incurred were a direct result of the accident, such as damage to your vehicle or some type of injury.

A car company, manufacturer, or some other organization could be held liable for an accident if it was caused by some sort of malfunction or defect.

Damages in a Car Accident

Damages in a car accident can include both economic and non-economic damages. Economic damages are easily calculable, as they usually come with a price tag. Non-economic damages are not as easily calculable and will be awarded at the discretion of the court, based on the details of the case.

Some examples of economic damages include:

  • Medical Expenses: Some car accidents result in both major and minor injuries. This cost covers any emergency room visits, surgeries, physical therapy, doctor’s appointments, prescription medication, and any other medical treatment that may be needed as a result of the accident.
  • Lost Wages: Some car accidents require a person to take days, or even weeks or months, to recover from injuries. If the injured party misses work as a result of the accident, they may be entitled to compensation. This covers both current wages lost and the loss of future earnings. Loss of future earnings happens if the injuries are significant enough to prevent the injured person from performing their normal work duties in whole or part.
  • Property Damage: This refers to repairing or replacing the vehicle that was damaged in the accident. This also includes any personal property that was damaged inside the vehicle.

In extreme cases, damages may also include the cost of long-term care and rehabilitation as well as any home modifications that may need to happen as a result. For instance, if the accident permanently disabled someone and they have to modify their home to accommodate wheelchair usage, the at-fault party may be responsible for the cost of the modifications.

Similarly, if you were injured in an accident, you may be entitled to non-economic damages, too. These include:

  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress
  • Loss of consortium (such as loss of companionship, affection, and support)
  • Loss of quality of life
  • Permanent disability or disfigurement

What to Do After an Accident

According to Georgia law, a car accident must be reported if it results in the death or injury of another person or property damage of over $500. The accident must be reported to local law enforcement as soon as possible.

If you want to file a personal injury claim against the at-fault party for the accident, the statute of limitations is two years from the accident. The statute of limitations begins on the date of the accident.

Do I Need a Car Accident Lawyer?

Legal claims have a higher chance of succeeding when the filing party has the help of an attorney. Attorneys have the legal knowledge to assist in the process. The law can be complex, and it is constantly changing. A reputable lawyer knows the law and can navigate it efficiently for your case.

A lawyer can advocate for your rights and build the greatest possible case for you so that you receive the maximum amount of compensation. They can look at all the evidence to accurately determine fault.

They can also negotiate with insurance companies on your behalf. Some insurance companies use deceptive or intimidating tactics to quickly settle for a smaller amount. A lawyer can save you the time and difficulty of negotiating your claim.

Auto Accident FAQs

Q: What Is the Average Settlement for a Car Accident in Georgia?

A: Each car accident settlement is different, so there is no accurate average settlement for a car accident in Georgia. The amount of your settlement will depend on a number of factors, including the amount and type of damages you are claiming, along with the severity of the accident. Typically speaking, the more severe an accident, the higher the settlement will be, as there are usually more costly damages incurred as a result.

Q: Can You Sue for a Car Accident in Georgia?

A: In Georgia, you can file a claim for a car accident against the at-fault party. You can claim economic damages, including medical expenses and property damages, and non-economic damages, such as pain and suffering. There is a two-year statute of limitation to file a personal injury claim against the at-fault party for a car accident.

Q: Is Georgia a No-Fault Car Accident State?

A: Georgia is not a no-fault car accident state. Georgia is an at-fault state. This means that the person responsible for the accident is also responsible for the financial impact of the accident. Georgia also operates by the principle of modified comparative negligence. This means that if you are deemed partially responsible for the accident, you can still be awarded damages, minus the percentage you are at fault, as long as your fault does not exceed 49%.

Q: What Is the Statute of Limitations on a Car Accident in Georgia?

A: The statute of limitations on a car accident in Georgia is two years. This means that you have two years from the date of the accident to file a claim against the at-fault party. This statute of limitations does not include claims made to insurance providers. They may have their own set of limitations, so it is recommended that you contact them as soon as you can.

Contact an East Point Car Accident Lawyer Today

If you or a loved one has been affected by a car accident, you don’t have to suffer the aftermath alone. Contact Nichols Injury Law today for more information.

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