At some point, most of us will be involved in a motor vehicle accident. These things happen. Thankfully, most of these accidents are very minor. You’ll walk away with a few bumps and bruises. In fact, the biggest bruise may be to your ego. However, there are times when people are seriously hurt in these auto accidents. When this happens, the victim is often left wondering if they have a case against the other driver. This is where our auto accident lawyers in Marietta come into the picture.
Our team of seasoned associates have decades of combined experienced handling car accident cases. In each one, we do our best to get our clients the money they deserve. Of course, before we agree to accept your case, we like to thoroughly review it to make sure it has merit. If it does, we’ll reach out to the insurance company and see what their position is. If they refuse to pay your claim, we’ll have no problem filing suit on your behalf. Once the complaint is filed, we’ll wait to see how the insurance carrier responds and proceed accordingly.
Here, we’ll talk about the factors that influence whether you have a valid case. We will also briefly discuss the various types of damages you may be entitled to. If you still have questions regarding your own car accident case, contact our office right away. We’ll be more than happy to schedule your free, initial consultation.
Did You Already File Your Insurance Claim?
Usually, by the time we meet with a new client, they’ve already filed their auto insurance claim. Most people don’t come to visit us until their insurance claim has been denied. At that point, they usually have one question – Do I have a case? It’s only natural to wonder this. If you’re confident that the other driver caused the crash, they should be held accountable. The big question is whether there’s sufficient evidence to prove that they were at fault.
Ideally, when you first come into the office, you’ll bring a copy of your denial letter with you. It gives us a chance to see why your claim was denied. It also gives us a way to get in touch with the insurance adjuster handling your claim. Depending on what they tell us, we will either file an appeal or file a lawsuit on your behalf.
Your Auto Accident Lawyer in Marietta Must Prove Fault First
Before your auto accident lawyer in Marietta can demand damages, they’ll need to prove fault. In most cases, this requires them to prove negligence. If you aren’t familiar with the term, negligence simply means that the other party didn’t behave the way a reasonable person would have given the circumstances. Legally, negligence requires your Marietta injury attorney to demonstrate the following 4 things:
- The other driver owed you a duty of care
- They breached this duty
- You were injured
- Your injuries were directly caused by the defendant’s breach
Once they’re able to prove fault, your attorney will still need to prove damages.
Then You’ll Need to Prove Your Damages
Once your auto accident lawyer in Marietta proves fault, they’ll have to prove your damages. They will need to prove each type of damages you include in your initial complaint. In most of the car accident cases our Marietta injury attorneys handle, they demand the following types of damages:
- Medical bills
- Future medical bills
- Property damage
- Lost wages
- Lost future income
- Pain and Suffering
Generally speaking, the more serious your injuries, the bigger your damages. Just know that your attorney will do whatever they can to get you the compensation you deserve.
There’s a Good Chance Your Marietta Injury Attorney Will Settle
Regardless of why your initial insurance claim was denied, your Marietta injury attorney will work hard to settle your case. Negotiating a settlement with the insurance company (and the defendant’s attorney) is usually in your best interest. Going to trial is a last resort. Trials are expensive and time consuming. Plus, you have no idea if you’ll win at trial. If you lose, you walk away with nothing. At least if you settle, you’ll walk away with a lump sum of money.
What you may not realize is that the defendant’s lawyer is just as eager to settle as you are. They don’t want to go to trial. They know it will cost tens of thousands of dollars. They also understand that there’s no guarantee that they’ll win. Even if they manage to prove you were partially at fault, they’ll still end up paying a significant amount in damages. They would rather settle for less than the full amount and avoid a lengthy and expensive trial.
The Only Way to Know if You Have a Case is to Talk to an Auto Accident Lawyer in Marietta
If you’ve been in a car accident and aren’t sure if you have a case, give us a call. Our seasoned auto accident lawyers in Marietta specialize in these types of cases. Not only do they know the law, but they also know how the big insurance companies operate. When you first come in for your free, initial consultation, your Marietta injury attorney will review all your information. This includes a copy of the police report, your medical records, and any correspondence you’ve received from the insurance company. Before we get into the nuts and bolts of your case, we’ll review your information to see if you have a case.
If we feel that your case has merit, we may offer to represent you in your lawsuit against the defendant. If, on the other hand, we honestly don’t think your claim is strong enough, we’ll let you know. The last thing we want to do is unfairly get somebody’s hopes up. Since your initial consultation is free, you have nothing to lose by meeting with one of our associates.
You can bet the other driver will have a team of lawyers representing them. You don’t want to be at a disadvantage. By having one of our auto accident lawyers in Marietta by your side, you’ll increase you chances of recovering damages.