It is important to work with a qualified car accident attorney in Atlanta, GA, if you have been involved in an auto accident in the area. At the Wade Law Offices, can guide you through the process of seeking a settlement and/or filing a lawsuit, if necessary.
Atlanta Car Accident Attorney
A lot of Atlanta residents mistakenly believe that hiring an auto accident lawyer is something that you only do when you’re prepared to file a lawsuit. In reality, an Atlanta, GA car accident attorney can help you every step of the way, even if your case never becomes a lawsuit. There are bridges that need to be crossed before you even consider a lawsuit, and an attorney will help you to navigate the process, understand the steps you’re taking, and make decisions regarding your claim. Most cases will be resolved outside of court with a fair settlement. Even if you do file a lawsuit, there will be plenty of time between the accident and litigation. The sooner you hire an attorney, the better off you will be when seeking out compensation for your injuries and losses.
Disputes can be settled at any time. You may be able to resolve the case before you need to file a lawsuit, before the case goes to trial, or while the trial is in progress. There will be negotiations for a settlement before and even during litigation. With the Wade Law Offices in Atlanta, GA, you’ll have the best chance of succeeding with your case. You will have the benefit of your lawyer’s knowledge of your rights and the laws that apply to your situation. You will easily avoid making mistakes, such as missing the two-year statute of limitations, when you work with a car accident attorney who knows how to handle auto accident claims.
Filing A Car Wreck Case In Atlanta
If someone has been injured in an auto accident and intends to file a lawsuit, then he or she must be able to prove that the other driver had a duty of care to everyone on the road, a legal responsibility to behave appropriately and drive safe. It also has to be proven that the at-fault driver breached this duty by failing to behave as required by law. Finally, it must be proven that the breach of duty caused injuries. If there are no injuries, then it does not matter what the at-fault driver did, because you cannot recover any compensation if no injuries resulted from the careless or unlawful behavior.
Some cases are very clear, simple, and obvious. If a driver runs a red light and causes an accident which results in obvious injuries, then the case should not be difficult. Unfortunately, not all cases are this simple. Rear end collisions, for example, are often assumed to be the fault of the rear driver. Yet, it may be proven that the front driver was behaving erratically enough to cause the accident.
Other situations may involve injuries that are not as obvious as a broken bone. You may have mild to moderate symptoms of an injury that later turns out to be significant and expensive to treat. In a case like that, you may find yourself having to prove that the injury occurred, that it was caused by the at-fault driver, and that it is as serious as you say it is.
Because you may have injuries that you aren’t aware of, it’s important to seek medical attention as soon as possible to maximize your chance of a fair recovery. Contact a car accident attorney in Atlanta, GA as soon as possible to get started on the right foot with a professional who has access to expert witnesses, such as medical experts and accident reconstructionists to help you prove your case.
Auto Insurance Company Resources
The resources of auto insurance companies are often limitless. The largest companies are the most successful as defendants because they can win the case or reduce the recovery amount with their expert witnesses and expensive attorneys. Because they have these resources and the likelihood of winning, the auto insurance company may attempt to force the case into litigation.
In situations like this, the best thing to do is to be completely honest when testifying in front of the jury and to avoid damaging your credibility. The appearance of exaggeration is one thing that can damage that credibility. The appearance of working hard to recover is one way to strengthen that credibility. Your job will be to demonstrate to the jury that you have honestly and accurately reported your injuries and the cause of those injuries, without making it seem as though you are only seeking to maximize the value of your claim.
What Is Litigation?
Litigation is the term commonly used to refer to legal actions and lawsuits, where there is a prosecutor and a defendant. Each side attempts to use evidence, testimony, pleas, and debate to litigate the case and ultimately to win. Atlanta car accident attorneys know how to negotiate before the lawsuit to reach a settlement and how to litigate the case if necessary. Hiring a car accident attorney doesn’t mean that you’re going to take the case to trial, but you’ll be prepared if you need to.
All cases begin with negotiation, whether they are in the arena of business law, debt collection, domestic issues, personal injuries, or any other form of litigation. It is natural to have an emotional involvement in your case, which is another reason is it so wise to have a car accident attorney on your side. The car accident attorney will be able to present the case without the potentially damaging impact of emotions. It will take time to handle and resolve your case. You’ll have to pay attention to the statute of limitations and work to keep to that schedule so that your rights remain protected.
The first step is to file the complaint document with the Clerk of the Court in Atlanta, GA. Once this is done, you are officially the Plaintiff or Petitioner. The person you are filing the complaint against becomes the Defendant or Responder. It is your responsibility to ensure that the defendant is served with the lawsuit. You can use the County Marshall, the Sherriff’s Office or a court-appointed process server to do this. If you have questions about this process, a car accident attorney will help.
At this point, the defendant has the chance to respond to the allegations. Then, there will be an opportunity for each side to build their case during the period of discovery. Throughout this process, negotiations can continue with the hope of resolving the case out of court. To do this, you may benefit from mediation or arbitration. Trials are expensive and time-consuming, so most people (and insurance companies) prefer to settle the case without going to trial.
Commercial Vehicle Drivers
Accidents that involve commercial vehicles involve much more significant damage and injuries because of the size of the vehicles involved. The property damage is more expensive, the injuries more extensive, and the rates of fatality higher than other types of auto accidents. Commercial vehicle drivers also have to operate within the regulations of state and federal laws, such as keeping records and log books. Even the hours of operation can make a difference in your case if you’re working with a car accident attorney who understands how the law relates to commercial vehicles and where to get the evidence. Your attorney should also know how to interpret that evidence and use it to prove your case.
Commercial vehicle accidents can also be confusing when it comes to knowing who to file a lawsuit against and where to file it. You may be filing the suit against the driver, the company, or both. You may have to deal with companies that are out of state, or with multiple defendants. Atlanta car accident attorneys with experience and knowledge of commercial vehicle accidents will be able to offer the best representation when you face negotiations and litigations.
Large commercial trucking companies may also have infinite resources to work with. It is much more difficult to win a case against a company with such resources to counter your efforts. This is where a qualified attorney with the right resources can make the difference in your case. Inexperienced lawyers may be easily intimidated by the defense in cases like this. Avoid any lawyer who doesn’t seem confident and knowledgeable about commercial vehicle accidents.
It is essential to behave appropriately after an auto accident. Some tips are common sense, while others are things that you might not think about until it’s too late. You may be disoriented and confused, you may be injured, or you may be scared after an accident, so it is easy to make mistakes. If you want to avoid damaging your case, stick to the following advice.
- Check on others involved in the accident if you are physically able to.
- Do NOT apologize to anyone, even if you suspect that you were to blame.
- Contact law enforcement and emergency medical services right away.
- Do NOT discuss the accident with anyone.
- Do NOT admit fault.
- Gather and exchange information from those involved and from witnesses.
- Write down everything you recall from the accident as soon as possible.
- Seek a full medical evaluation – EVEN if you think you are uninjured.
- Do NOT give an insurance company a statement without speaking to an attorney first.
- Contact a car accident attorney at the first opportunity.
Always keep in mind that waiting to contact an attorney can ultimately damage your case. The sooner you contact a car accident attorney in Atlanta, GA, the better off your case will be. Contact the Wade Law Offices today for a free consultation at 770-282-1188