Damages can help you deal with expenses when you’re recovering from an accident. When you meet with your car accident lawyer in Georgia, Georgia for the first time, you’ll probably have lots of questions for them. The first question should be whether you have a case at all. Once you’ve established that you have a case, you’re going to want to know how much your case is worth. This is a question most of our clients ask us the first time we meet. This is a natural question to have. The thing is, we can never tell a client what their case is worth until we have had a chance to review it. Even then, we can never guarantee a client that they’re going to receive any compensation. It all depends on the facts of the case and what evidence you have.
The other thing that you must keep in mind is that your Georgia personal injury attorney can’t get you any damages until they have proven negligence. In this article, we will explain how you can prove negligence in a car accident case. We will also discuss the various types of damages you may be entitled to. If you still have questions about your own car accident case after reading this article, feel free to reach out to us directly. You can always call our office or go online and schedule your free, initial consultation.
Your Georgia Personal Injury Attorney Must Prove Negligence First
As stated above, you cannot start to think about damages until you have proven your case. In order to do this, your car accident lawyer in Georgia, Georgia will have to prove negligence. Negligence is the standard by which almost all personal injury lawsuits are measured.
There are four major elements of negligence. They include:
- Your Georgia personal injury attorney must prove that the other driver owed you a duty of care-This isn’t all that difficult to prove in a car accident case. All drivers owe a certain duty of care to other motorists. At a minimum, all drivers must obey local traffic Laws.
- Your attorney must also prove that the defendant breached their duty of care-This is usually the hardest part of your case to prove. One way to demonstrate breach is to show that the defendant was issued a traffic ticket at the accident scene. For example, if the other driver was drunk at the time of the crash, they will be arrested for DUI. Or an eyewitness may have seen the other driver texting immediately before the crash. Either of these things will be sufficient to prove breach of duty.
- Your car accident lawyer in Georgia, Georgia also has to demonstrate that you were injured-One of the main reasons we always tell our clients to go immediately to the hospital after their crash is so they can document their injuries. As long as you do this, the defendant’s lawyer can’t argue that something other than the accident caused your injuries. It’s important to remember that it isn’t enough that you were involved in a motor vehicle accident. If you weren’t injured, you will not be entitled to compensation.
- The final element of negligence is that your injuries were caused by the defendant’s breach of duty-This isn’t all that difficult to prove. Unless there was an intervening cause, it will be hard for the defendant’s lawyer to claim that it wasn’t their actions that caused your injuries.
Once your Georgia personal injury attorney has proven negligence, they can move on to prove your damages.
Not Everyone is Entitled to Damages
As stated earlier, not everybody is entitled to damages. If you cannot show that you suffered a physical or financial harm, you will not receive any compensation. Some of our clients believe that they’re entitled to compensation simply because they were involved in an accident. They may ask us to sue the other driver for emotional distress. While emotional distress can be part of pain and suffering damages, if you haven’t suffered a legitimate injury, there is no point in suing.
Your Car Accident Lawyer in Georgia, Georgia Will Demand Damages on Your Behalf
Once you have proven fault, your Georgia personal injury attorney will need to prove your damages. Depending on the facts of your case, you may be entitled to any or all the following:
- medical bills
- future medical bills
- property damage
- pain and suffering
- lost wages
- lost future income
In order to receive any of these damages, your attorney will have to specifically prove them. For example, if you expect to receive compensation for lost wages, you must submit proof that you missed at least a couple of weeks from work and were not paid for this time. Similarly, if you demand compensation for future medical bills, you must be able to prove that you will need treatment going forward. Your car accident lawyer in Georgia, Georgia will also want to submit an actuary’s report to show how much this future care will cost.
It’s a Good Idea to Call a Georgia Personal Injury Attorney Right Away
While there is no reason why you can’t handle your car accident case all by yourself, it’s a good idea to meet with a Georgia personal injury attorney. If you meet with them early enough in your case, they can even help you file your initial insurance claim. If your claim is denied, your car accident lawyer in Georgia, Georgia can file a lawsuit on your behalf.
We offer all our new clients a free, initial consultation. This gives you a chance to sit down with an experienced attorney and have them review your case. If they believe your case has merit, they may be willing to represent you in this matter. If they honestly do not think you’re entitled to damages, they will let you know up front. The last thing any of our associates want to do is waste your time.
Since your initial consultation is free, there is no reason to not meet with an attorney before you make any final decisions. Having a lawyer by your side can make the difference between winning and losing your case.