Georgia law recognizes a fault-based system for determining negligence when a car crash occurs. The driver is found at fault, and their insurance company will be responsible for covering the losses incurred by the injured party. These losses can include medical expenses, property damage, lost wages, loss of earning capacity, and possible pain and suffering. An experienced Fairburn car accident lawyer can help navigate the complexities of seeking compensation after an injury car accident.
From 2020 to 2024, in Fairburn, there were 402 serious vehicle crashes that resulted in 703 injured individuals and 18 fatalities. The most common causes of car accidents include driving while intoxicated, drowsy driving, distracted driving, and speeding. Across Georgia in 2023, there were 433 alcohol-impaired driving fatalities and 349 speeding fatalities.
Trammell Injury Law provides personalized, client-centered services to individuals injured in a car accident in Fairburn and neighboring Georgia communities. Our attorney has handled many cases involving personal injury as a result of a car accident, understands the Georgia car accident law, and can help explain your options.
Finding the right lawyer to represent you is essential. Car accident cases often involve negotiations with insurance companies and the attorneys representing the other driver. You want to make sure your attorney thoroughly understands your circumstances and the laws that apply to personal injury cases in Georgia.
Georgia law allows anyone who is physically injured by the negligence or reckless conduct of another to seek compensation for the damages related to the injuries. Georgia state law does not place a cap on the amount of compensation that an individual may be awarded.
The most common types of damages that are sought related to a car accident are:
In Georgia, damages related to personal injury compensation are categorized as general or special. Special damages are those that have a clear dollar value associated with them. This typically includes loss of wages or income due to time away from work and medical expenses.
General damages are more nuanced and seek to compensate an individual for damages that cannot easily be assigned a dollar value. Pain, suffering, and emotional distress are examples of general damages. General damages are subjective and will typically consider the severity of harm and how it impacts the plaintiff’s life.
Your attorney will ensure that all procedural rules and deadlines are met. Typically, the suit will be filed in the county where the accident occurred or where the defendant lives. Personal injury cases will need to be filed within the two-year statute of limitations.
Your attorney will file a complaint that details the facts of the case and the damages being sought. The rules for serving the defendant must be followed during this step. After being served, the defendant will have 30 days to respond.
A: This is an important question that many individuals who have been injured in a car accident ask, because they want to understand the potential cost of pursuing a claim. The attorney fees you pay will be based on the fee structure used by the specific attorney you select to represent you. The most common fee structures for lawyers in Fairburn are contingency, hourly rates, retainer fees, and flat-rate services.
A: Car accident settlements are determined by a variety of factors, such as the severity of injuries sustained, the amount of medical expenses incurred, lost wages, loss of earning capacity, non-financial impact such as pain and suffering, property damage, and insurance policy limitations. Another key factor in Georgia is determining who was at fault for the accident. If the injured party is found to have at least some fault for the accident, Georgia’s comparative negligence rule may apply.
A: If you decide to seek compensation for a car accident, what you will need may include photos of the accident scene, dashboard camera or security footage, testimony from eyewitnesses to the accident, results of a post-accident vehicle inspection, and your medical records pertaining to injuries sustained in the accident. The Fairburn Police Department, located at 191 SW Broad Street, Fairburn, will be able to provide a copy of the accident report that you will want to provide to your lawyer.
A: Winning a personal injury lawsuit will be impacted by various elements. Hiring a lawyer in personal injury cases is prudent because they will have specific experience working with the complexities of a personal injury case. The strength of your case will impact how likely you are to win. Another factor is how motivated the other party is to settle the case. The severity of the injuries resulting from the accident will also influence the outcome of the case.
Being injured in a car accident you didn’t cause can feel unfair and result in medical bills and missed time from work. Knowing what to do after a car accident can be overwhelming. Trammell Injury Law is well-versed in car accidents involving personal injury. Learn what your options are and discuss the legal remedies available to you. Contact the office to schedule a free consultation.