Damages I May Receive in My Car Accident Case

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Damages can help you cope with expenses after a crash. If you’ve ever been involved in a car accident, you know how scary it can be. For the first few minutes after the crash, all you’re worried about is making sure everybody’s okay. Then, as things start to sink in, your fear turns to anger. All you can think about is making the other driver pay for what they did. This is only natural. In fact, the first question most of our clients ask us is how much their case is worth. Car accident lawyers in Marietta meet with accident victims every week. They all have one thing on their mind – justice.

Of course, while they say they want justice, what they really want is compensation for their injuries. That’s why people hire personal injury attorneys in Marietta. Our goal is to hold the other driver accountable for their actions. If they caused the crash, they need to be held responsible. The question is – what kinds of damages can your car accident lawyer in Marietta demand?

Here, well answer that question in detail. We’ll also explain what factors can influence the value of your case. If you have any more questions after reading this article, just give us a call. You can sit down and talk to a skilled attorney who can answer any questions you may have.

Your Car Accident Lawyer in Marietta Must Prove Fault First

It’s not enough that you were involved in a car accident. Your car accident lawyer in Marietta must also prove that the other driver was at fault. Of course, very rarely is one driver 100% at fault in a motor vehicle accident. Both drivers usually carry some of the blame.

This doesn’t mean that the other driver will admit that they were at fault. Your attorney is going to have to prove it. To do this, they’ll need to demonstrate that the defendant was negligent.

Negligence is the standard used in almost all personal injury cases. It involves four elements. Your attorney will need to prove all four if you expect to collect damages. The four elements are as follows:

  • The defendant owed you a duty of care
  • They breached this duty
  • You were injured
  • Your injuries were caused by the defendant’s breach

Most personal injury attorneys in Marietta know how to do this. They’ve been dealing with negligence cases for years. As long as they can prove the above 4 things, you’ll have a good chance of collecting damages.

What Types of Damages Are Available to Accident Victims?

The whole point of filing a car accident lawsuit is to get compensation for your injuries. When your car accident lawyer in Marietta files your complaint, they’ll need to list your damages. Depending on the facts of your case, you’ll be entitled to some or all of the following:

  • Medical Bills – If the defendant caused the accident, they should be held responsible for your medical bills. This includes such things as hospital bills, doctor’s copays and any out-of-pocket expenses for prescriptions. They will also be liable for any future medical care you need. Your doctor can testify as to what future medical treatment you’ll need. Your personal injury attorney in Marietta will determine how much this will cost. They will then add this amount to your total damages.
  • Property damage – Obviously, if your car was damaged in the crash, there will be mechanic’s bills. The other driver will be responsible for these. In addition, if your vehicle is totaled in the crash, they will have to reimburse you the fair market value for your car or SUV.
  • Lost wages – If you miss more than a week or two from work, you can demand compensation for your lost wages. In addition, if you are unable to do the same kind of work you did before the accident, you can demand compensation for this as well. Your attorney will determine the difference between what you would’ve earned and what you’ll earn now as a result of the crash.
  • Pain and Suffering – If your injuries were serious, you will have experienced a great deal of pain. Pain and suffering damages are meant to compensate you for any mental and physical anguish caused by the crash. Typically, your pain and suffering damages will be equal to three times your medical bills. If your medical bills were $400,000, you would demand $1,200,000 in pain and suffering.

Keep in mind – just because you demand a certain amount in damages, that doesn’t mean you’ll get them. First, most cases settle so you’ll never make it to trial. Second, even if your case goes to trial, the defendant will argue that you were partially at fault. Your car accident lawyer in Marietta will negotiate a settlement that more than compensates you for your injuries.

How Will Your Damages Be Affected if You Were Partially at Fault?

Very rarely is one driver 100% responsible for a car accident. There’s a good chance you were partially at fault. In Georgia, you can still collect damages, even if you were partly to blame. However, your damages will be reduced by your percentage of fault.’

If you sued the defendant for $500,000 and you were found to be 20% at fault, your damages will be reduced. Instead of collecting $500,000, you’ll only be entitled to $400,000.

Contact an Experienced a Personal Injury Attorney in Marietta Today

If you or your loved one have been injured in a car crash, you need our help. Even if your crash was minor, there’s a good chance you suffered physical injury. You need to focus on recovering from these injuries. Let our team of car accident lawyers in Marietta handle the legal side of things.

We recommend that you call and schedule your free, initial consultation today. Pick a date and time that works for you. We can meet with you in our office or can conduct the consultation over the phone. And remember – since you don’t pay anything upfront, you have nothing to lose.