One of the first questions our clients ask us is how much their case is worth. Asking about damages is a fair question. After all, the reason you hire a lawyer is that you want the other party to pay. If someone else caused your car accident, they should be held responsible for any damages they caused. However, since every case is different, it wouldn’t be fair for any car accident lawyer in Marietta, Georgia to promise a certain amount. Your damages depend on a lot of factors.
Here, we’ll discuss the various factors that can impact the amount of money you receive. We’ll also explain what damage you may be able to demand. If you still have questions after reading this article, just give our office a call. We can always schedule your free, initial consultation. This will give you a chance to meet with an attorney who will review your case in detail. And, while they can’t give you an exact amount, they can let you know what they think your case may be worth.
You Can’t Collect Damages Unless Your Car Accident Lawyer in Marietta, Georgia Can Prove Fault
Obviously, you can’t collect damages unless you can prove the defendant caused your car accident. This can be done in a number of different ways. However, the most common way to do this is by proving negligence.
Negligence is the standard that almost all personal injury cases in Georgia are judged by. Negligence is another way of saying that the defendant didn’t behave the way a reasonable person would have in the same circumstances. Your car accident lawyer in Marietta, Georgia will have to prove 4 specific elements in order to demonstrate negligence. These include:
Duty of Care
You must show that the defendant owed you a duty of care. This won’t be difficult. All drivers owe a certain duty of care to other drivers. Simply by getting your driver’s license, you’re agreeing to abide by all traffic laws. If someone breaks one of these laws, they will have breached their duty of care.
Breach of Duty
You also have to prove that the other driver breached their duty of care. As stated above, you can do this by showing they broke a specific law. Or you can show that they didn’t use common sense.
For example, if someone is backing out of a spot in the grocery store parking lot, they need to look to see if anyone is coming. Or if you are behind someone and they slam on their brakes in the middle of the road, they aren’t behaving rationally. Your Georgia personal injury attorney can submit evidence that this happened if they want to prove fault.
It’s not enough that someone was involved in a car crash. You have to demonstrate that you were hurt if you expect to collect damages. You can claim compensation for physical injuries and financial losses.
You must prove that your injuries were caused by the defendant’s breach of duty. Once you show that you were hurt, you still need to show that it was the other driver’s fault. If you were equally at fault, you aren’t going to be entitled to any damages.
If you’re able to prove these four elements, then you’ll likely be entitled to damages. Now, we’ll discuss what kinds of damages your Georgia personal injury attorney can demand in your case.
Your Georgia Personal Injury Attorney Will Demand Certain Damages
Since every car accident case is different, it shouldn’t be surprising that different plaintiffs are entitled to different types of damages. For the most part, all personal injury cases involve the same kind of damages. There is the rare case where a plaintiff convinces a judge that they deserve punitive damages. However, the following types of damages are the most common:
If you’re injured in your car accident, you’re going to have medical bills. You shouldn’t have to pay these if you didn’t cause the crash. Your car accident lawyer in Marietta, Georgia will submit copies of your medical bills. This includes any future medical care you’ll need. They can have your doctor sign an affidavit stating what kind of treatment you’ll need going forward. You can estimate the cost of this care and include it in your demand.
You’re allowed to demand both lost wages and lost future income in your complaint. Lost wages represent the days you missed from work as a direct result of the accident. Lost future income is the money you would’ve earned in the future had you not been injured in the car accident.
Obviously, if your car is damaged or destroyed in the crash you can demand compensation. Your attorney can submit copies of the mechanic’s bills to show repairs. If your car was totaled, you can demand the fair market value of your vehicle.
Pain and Suffering
These damages are meant to compensate you for any physical and mental anguish you suffered as a result of the crash. You can submit medical records showing how bad your pain was. You can also have friends and relatives testify as to how much different your life is now. For example, if you can no longer play with your children, that would be considered pain and suffering.
Not every one of these will apply to your case. You may be entitled to medical bills but not lost income. It all depends on the facts of your case. Your Georgia personal injury attorney is going to fight to get you as much money as possible. You just have to remember – your lawyer’s job is to make you whole. It is not their job to make you rich.
Meet with an Experienced Car Accident Lawyer in Marietta, Georgia Today
If you or your loved one have been hurt in a car accident, you’re going to want the defendant to pay. As much as people say they want justice, what they’re really looking for is compensation for their injuries. Our Georgia personal injury attorneys want the same thing. They’ll work hard to get you as much money as possible.
What you should do is call our office as soon as possible after your car accident. We can schedule a date and time for you to come in and meet with one of our associates. They can review your case and answer any questions you may have. They can also explain what damages may apply to your case. Simply call our office and ask to schedule your free, initial consultation today.