Car Accident Lawyer in Smyrna

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In this day and age, cars have become a necessity, given they help us move from one location to the other with relative ease. However, with numerous other vehicles and other factors, the road is akin to the jungle, full of uncertainty about what will happen next. You might be the safest driver, following all the traffic rules, but since you share it with others, there is always the possibility of getting into an accident.

Auto accidents can be devastating, changing the course of your life in a flash. You may have to undergo surgeries, treatment procedures, rehabilitation, and therapies following the accident. In addition, you may be forced to miss work or lose income as you take the time to recover. All this can bring financial, physical, and mental havoc for both you and your loved ones.

Fortunately, Georgia law enables victims to demand compensation if the accident was not their fault. However, the process of making a claim can be overwhelming and that’s why it is advisable to get seek legal counsel. An experienced car accident lawyer in Smyrna from Diaz & Gaeta will help protect your rights and seek the compensation you deserve.

Call our personal injury lawyers in Smyrna, GA at 678-503-2780 and schedule a free consultation!

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Car Accident Statistics in Georgia

No one likes to hear the odds of being involved in a road accident. Unfortunately, Georgia is among the states with the highest car accident cases. The state saw a rise in crashes between 2020 and 2021, despite the pandemic and if the trend continues, 2022 will only record more numbers. In 2020, there we over 330,000 crashes, 1,588 of which were fatal. About 125,000 individuals were injured and 1,730 people were killed.

The trend continued in 2021, and stats show that there were at least 1,776 car accident fatalities in the state.

How Much Does a Car Accident Lawyer in Smyrna Cost?

Any competent lawyer including those at Diaz & Gaeta will not charge you a fixed amount for representation. We work on a contingency fee basis in order to make the process risk-free for the client. By contingency, we mean that the lawyer won’t receive a dime unless you get compensated.

If you win, they will be paid as a percentage of the settlement amount awarded by the judge.

What Should I Do After a Car Accident?

The period right after the accident can be very confusing which is understandable for something unexpected and life-threatening. However, the actions that you take are crucial. Here’s what the lawyers at Diaz & Gaeta advise victims to do:

Call the Police

After the crash, it is imperative you call 911. The police will create an accident report that your insurance provider may need in order to settle your claim. The report may also prove useful when it comes to proving negligence in your case.

Check on the Other Involved Parties

It’s also best to check on the other parties involved. After all, health is the top priority. Even if the other party is responsible for the crash and they are in poor condition. It is best to check whether you can be of help. However, if you are in no state to do so, do not force yourself. Most importantly, don’t leave the scene.

Record the Scene

If possible, take pictures and videos of the accident. Photos of visible injuries, vehicle damage, road signs, weather, and road conditions will come in handy during case preparation.

Exchange Contact Information

You’ll also want to exchange relevant information with the other party. This includes their contact details, insurance information, and vehicle registration numbers. If there were any witnesses, don’t forget to collect their names and contact information as well.

This information will come in handy when it comes to validation.

Don’t Admit Fault

Whether you are at fault or not, never admit anything. If you admit fault, it means you will be held responsible for all the damages and injuries sustained. As such, it is advisable to remain calm and wait for the police to arrive at the scene. If you think you are at fault, consult your lawyer and seek legal counsel.

Seek Medical Attention

Following a crash, the adrenaline release may mask the pain and injuries. After a few hours or days pass, you may realize that you sustained severe injuries. To prevent this, it’s important to visit a doctor as soon as possible and follow their instructions.

If you do not feel any relief, go back to the practitioner and tell them how you feel.

Get a Copy of the Police Report

Ensure you obtain a copy of the police report as well. Your attorney will use it to build a strong case and help you secure maximum compensation. To get a copy, visit the local police department or the Georgia State Highway Patrol (GSP). You can also get this report from Just ensure you have the case number, date of the accident, location of the accident, and details of the other motorist.

Contact a Car Accident Lawyer!

After the accident, you will want a competent and seasoned lawyer in Smyrna to help you seek the best settlement. At Diaz & Gaeta, our team is experienced in these types of cases and ready to handle all aspects of your case including settlement negotiations and litigation. So, protect your rights today by calling our offices at 678-503-2780!

car wreck in Smyrna Georgia

What’s the Average Settlement for a Car Accident in Georgia?

If you’ve been involved in a car accident and want to make a claim, there’s certainly the question of how much you can expect as compensation. Unfortunately, there is no fixed range as every case is different with varying factors. Car accidents range from minor ones will minor injuries to major ones that result in death.

When calculating the settlement amount, two factors come into play:

  • The severity of injuries
  • The amount the insurance carrier is willing to pay.

When Should You Get a Lawyer for Your Car Accident?

Car accident claims can be time-consuming and expensive. It can be hard to determine if you need legal assistance, especially at the beginning when things appear to be straightforward. This might make wonder whether you really need a lawyer.

Not all car accident cases are taken by lawyers and that’s why it is important to go for one that provides a free initial consultation. This way, you will have a professional opinion on whether you have a solid case or not. This proves to be the best approach and it will help you know whether you need an attorney for your car accident claim.

Why Hire a Car Accident Lawyer in Smyrna?

An experienced car accident attorney can be beneficial in a lot of ways. If you are suffering from an injury and have no knowledge and experience in this field of law, things will only be difficult. A competent lawyer will help you in the following aspects:

Case Preparation

All the information garnered from the accident has to be processed and presented in a certain format. If you want to prove negligence, there are some things that need to be highlighted and expressed in a clear manner. A car accident lawyer will be able to garner all the evidence and prepare your case in the best way.

Negotiate Settlement

Most car accident claims do not go to court as all parties prefer coming to an agreement without involving the jury. In this step, the insurance company and the liable party will try to settle the issue by paying you an amount that’s vastly lower than what you need. Your lawyer will step in and negotiate for the maximum amount. If they do not come to an agreement, the claim will proceed to court.

Trial Preparation

If your lawyer fails to settle for the desired amount, they will proceed to take the case to court. The jury will have the last word and that’s why you should have the best in the field. Also, keep in mind that the other party will have the best attorneys given their vast resources. Your lawyer will present the case and back up your claim using the collected evidence and witnesses’ testimonies.

What Damages Can I Recover?

In Georgia, you can recover three types of damages following a car accident claim:

Economic Damages

These refer to the provable and tangible losses with a monetary value. Examples include loss of property, medical bills, lost wages, repair costs, etc.

Non-Economic Damages

These entail subjective losses that don’t have a provable or fixed monetary value. Examples include emotional distress, pain and suffering, loss of enjoyment in life, trauma, etc.

Punitive Damages

These refer to damages awarded with the sole aim to punish the party at fault. They primarily come into play when the offender acted in an obviously reckless or negligent manner. Punitive damages are not awarded to compensate the victim for losses, but to punish and deter everyone from engaging in behavior with a malicious intention.

Car accident lawyer in Smyrna meeting injured elderly man

How Is Car Accident Fault Determined in GA?

The state of Georgia is an at-fault state. This means that blame has to be assigned for every car accident. The fault for an accident is determined using the comparative negligence principle. A particular percentage of blame is assigned to all parties, meaning there is no full responsibility, even if one party was fully liable. When a party is found to be less than 50% liable for the accident, they are entitled to a settlement.

How Long Do I Have to File a Claim in Georgia?

When it comes to personal injury cases including car accidents, you are bound to the statute of limitations. In the state of Georgia, you have 2 years to file a claim. However, if you are filing a claim against the state government, you must file a written notice within 12 months.

What Should I Do if the Insurance Carrier Denies the Claim?

Insurance companies are known to deny personal injury claims for multiple reasons. More often than not, they think your claim doesn’t hold water or want you to be discouraged and drop it. Other reasons could be the failure to pay premiums in time, exclusions in the policy, and failure to meet the time limits as stated in the policy.

This is another reason you should have an experienced attorney like those from Diaz & Gaeta. We will draft a demand letter that shows your side of the story. This mandates the insurance provider to provide precise reasons for denying the claim. Our lawyers will also help you file a lawsuit following the denial.

What if the Other Motorist Does Not Have Insurance?

If the party liable does not have insurance, you will have to turn to your insurance carrier in order to cover the damages as long as you have adequate coverage.

What Are the Common Car Accident Injuries?

Injuries resulting from car crashes range from minor to severe. The common ones include:

  • Head injuries
  • Neck injuries
  • Back injuries
  • Brain injuries
  • Facial disfigurement
  • Broken bones
  • Leg and knee injuries
  • Spinal cord injuries

Types of Car Accidents We Handle

We handle a wide array of car accidents including:

Schedule a Free Consultation With a Car Accident Lawyer in Smyrna Today!

As mentioned earlier, car accidents are too common in Georgia and the trend is expected to rise. Unfortunately, a large number of victims don’t seek compensation as they do not know where to begin. If you or a loved one has been involved in a car accident that involved reckless or negligent behavior by another party, do not hesitate to call Diaz & Gaeta at 678-503-2780 for professional legal representation.