Georgia Personal Injury Trial Attorneys

How to Recover Damages From a Car Accident?

By: Fry | Goehring

how to recover damages from a car accident

No matter where you live, motor vehicle crashes are an inevitable part of life. On Georgia’s roadways, anyone can find themselves at high risk of sustaining catastrophic injuries or even death. With approximately 387,444 police-reported crashes in Georgia in 2021 alone, knowing the types of damages you may recover if you sustain injuries in an auto wreck is crucial.

At Fry | Goehring, our Atlanta car accident lawyers understand how stressful, painful, and costly crashes can be. Even minor fender benders can result in medical bills, lost wages, and trauma. If you aren’t entirely at fault for an accident in Georgia, you may be eligible to recover compensation for your damages.

But first, before finding out how to recover damages from a car accident in Georgia, let’s discuss the legal processes involved in a personal injury claim.

Steps Before Collecting Compensation for Damages After a Car Accident

Here are crucial steps that accident victims in Georgia should take when seeking compensation for damages:

Pre-Lawsuit Phase

If you are injured in a car crash in Atlanta, you should hire a reputable car accident law firm like Fry | Goehring to help you understand how to recover damages from a car accident. Here’s what to expect from our skilled legal team:

1. Initial Consultation

When you contact our Atlanta law firm, our experienced personal injury attorneys will ask you questions about the accident to gain insights into the case.

2. Evidence Gathering

The next step in the pre-lawsuit phase is evidence collection to build a strong injury case. Evidence relevant to car accident claims may include:

  • Police reports
  • Witness statements
  • Medical records
  • Traffic camera footage
  • Dashcam footage

3. Determining Fault and Liability

Evidence analysis, which may include reviewing police reports, is a crucial pre-lawsuit step to help determine fault and identify all responsible parties.

4. Calculating Damages

You need the help of an experienced lawyer to recover damages in a car accident claim. At Fry | Goehring, our legal team will comprehensively compute your damages, including medical costs, to ensure you secure maximum compensation.

5. Negotiating With Insurance Companies

Insurance companies are profit-driven companies that make money by devaluing or denying personal injury claims. When you hire an attorney who understands the tricks and tactics of insurance companies, you can rest and recuperate as they handle settlement talks on your behalf.

The Lawsuit and Litigation Phase

If out-of-court negotiations are unfeasible, your car accident case may proceed to trial. Here’s what you should expect during this stage of the legal process:

1. Filing a Lawsuit

When settlement negotiations hit a dead end, the next step is to proceed to court and file a personal injury lawsuit. Your car accident lawyer will fill out and file the necessary documents to initiate the lawsuit.

2. Discovery Process

In every car accident lawsuit, both parties exchange information and evidence relevant to the case to build strong arguments and understand each other’s claims.

3. Depositions and Witness Testimonies

Under oath, both parties meet and share firsthand facts and details of the car accident. This out-of-court question-and-answer session may end in a settlement agreement.

4. Mediation and Negotiation

This stage offers an alternative to lengthy and costly court battles. In order to assist in the resolution of the dispute, the court may appoint a neutral third party.

5. Preparing for Trial

The final step in a car accident lawsuit is trial. Here, both parties present their case before a judge or jury, who then reach a verdict.

Types of Damages Recoverable In a Car Accident Lawsuit

In 2019, the total economic cost of traffic crashes in the U.S. was $340 billion, representing losses such as medical bills, emergency service costs, lost productivity, property damage, and court fees. This goes to show just how expensive car accidents are for Americans.

On the flip side, if you agree on a fair settlement amount with the insurance company or the court awards a favorable verdict, you may receive compensation for damages that include:

  • Medical expenses: Compensation for expenses such as hospitalization, medications, physical therapy, and ambulance fees.
  • Lost wages: Available if you miss work due to the accident.
  • Property damage: Covers repairing or replacing a totaled vehicle and gadgets such as phones that may have been damaged during the crash.
  • Pain and suffering: Covers physical pain and emotional distress brought by the accident.
  • Loss of consortium: Compensates the loss of companionship, affection, comfort, support, or intimate relations.
  • Wrongful death benefits: Include funeral and burial expenses and the loss of future income.
  • Punitive damages: In rare cases, the court may award punitive damages to punish, penalize, or deter the defendant for gross negligence, fraud, or maliciousness.

Factors That Affect the Value of a Car Accident Case in Georgia

Even though every car accident is different, the damages you collect in a car accident case typically depend on various factors, including:

  • The extent and severity of your injuries
  • The evidence available to prove fault and establish liability
  • The extent of property damage
  • Whether any involved party died
  • Whether you were partially to blame
  • Insurance coverage policy limits
  • The impact of the crash on your life

Generally, one can expect more compensation for an accident that results in catastrophic injuries, such as paralysis or a traumatic brain injury, compared to an accident that results in minor cuts or bruises.

Work With a Lawyer For The Best Outcome​​

If you are involved in an accident, hiring a lawyer serves your best interest since they’ll protect your rights, ensuring you get the best possible compensation. Here are some tips to consider when choosing an Atlanta car accident lawyer:

  • Go for the right lawyer with experience in car accident cases, proven case results, and positive client testimonials.
  • Make sure you understand their fee from the get-go. At Fry | Goehring, we operate on a contingency fee basis.
  • Enlist the services of an Atlanta law firm that will regularly update you on the progress of your case.
  • Remember to ask questions, seek clarifications, and air your concerns during initial consultations and throughout the claims process or lawsuit.

Get Started Now To Find Out How To Recover Damages From a Car Accident

Have you been involved in a car accident and sustained injuries and damages? Then, you need an experienced personal injury attorney to help you file a successful claim. If you are wondering how to recover damages from a car accident in Georgia, contact us online or call our Atlanta office at 404-969-1284 to schedule your free case review. We are ready to build a compelling injury case and aggressively negotiate recovery for your monetary and non-monetary damages.