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Car Accidents

The Ultimate Guide to Car Accidents in Atlanta

Atlanta Car Accident Attorney

Walter Gabriel is the No.1 car accident attorney for people injured in automobile crashes in the Atlanta metro area and across Georgia. 

Each year, car accidents cause thousands of deaths and permanent changes to many lives. In 2020, 42,060 Americans lost their lives to car accidents — up 8 percent from 2019, and the first increase in four years. Accidents often cause severe and lasting consequences, even if the collision is minor. 

Common injuries that car accident victims sustain include:

  • Neck pain/back pain
  • Muscle strain
  • Numbness/tingling in upper/lower extremity
  • Cervicalgia
  • Paresthesia
  • Headache
  • Sleeping problems
  • Fatigue
  • Shooting pain in legs
  • Disc bulging
  • Spinal misalignment
  • Radiculopathy
  • Joint separation
  • Lumbar contusion
  • Dysfunction of the cervical region

Some of the most severe car accidents cause:

Those who are unfamiliar with the litigation process perceive car accidents as easy to handle. However, litigation complicates matters as the dispute develops.

In this guide, learn more about car accidents in Atlanta and why you need to hire an experienced attorney to fight for the compensation you deserve. 

Table of Contents

  • Common Scenarios for Car Accidents in Atlanta
  • Common Risk Factors That Contribute to Atlanta Car Accidents
  • What Are Your Rights After a Car Accident in Atlanta?
  • What Should I Do After a Car Accident in Atlanta?
  • Do I Need an Atlanta Car Accident Attorney if an Insurance Company Offers Me Money?
  • When You Can Not Afford an Atlanta Car Accident Attorney
  • What If a Police Officer Does Not Cite the Other Driver?
  • What If the Other Driver’s Insurance Company Calls Me?
  • I Do Not Feel Hurt. Do I Still Need to See A Doctor?
  • Do I Have A Case If I Was Partly At Fault?
  • How Do I Get My Car Repaired?
  • What If the Other Driver Did Not Have Insurance?
  • Can an Atlanta Car Accident Attorney Tell Me What My Case Is Worth?
  • If I Hire an Atlanta Car Accident Attorney, Do I Have to Vist Court?
  • My Car Accident Happened When Traveling Outside of Georgia. Who Do I Hire?
  • Statute of Limitations for Car Accidents in Georgia
  • Statute of Limitations for Car Accidents in Louisiana
  • Why Should You Hire a Car Accident Lawyer After a Car Accident?
  • Contact an Experienced Atlanta Car Accident Attorney for a Free and Confidential Consultation

Common Scenarios for Car Accidents in Atlanta

Suppose a driver was texting when they collided with another motorist. This case might seem simple upon first impression. But there is more to litigation than proving the defendant is liable. 

Walter Gabriel believes that, in cases like this, the total amount of compensation determines success. There is a difference between receiving $100,000 and $250 in damages.

Perhaps, in your case, the defendant challenges the severity of your injuries. Or the defendant believes you contributed (partially) to the accident, which then reduces your compensation. As you can see, if the defendant is aggressive, they could complicate your dispute. 

You must work with an experienced Atlanta car accident lawyer who advocates aggressively on your behalf. Call the Law Firm of Walter Gabriel, LLC now at 404-549-6742 or book a free consultation. You pay NOTHING unless you WIN. 

Common Risk Factors That Contribute to Atlanta Car Accidents

Several risk factors often contribute to car accidents. Examples include:

  • Mechanical defects.
  • Road hazards.
  • Intoxicated driving.
  • Distracted driving.
  • Speeding.
  • Unlicensed drivers.
  • Following too closely.
  • Violation of the hands-free law.

Not all disputes progress in the same manner. Accident claims can give rise to arguments based on premises liability, product defect liability, and other theories. The damages available to an injured plaintiff may vary along a broad spectrum depending on the circumstances that caused the accident.

For example, a Georgia court may award compensatory damages and also punish the defendant with punitive damages. Georgia law allows for punitive damages under limited circumstances. (For example, drunk driving accidents where the defendant acted with a reckless disregard for safety.)

What Are Your Rights After a Car Accident in Atlanta?

Before you consider damages, you must establish liability. (The other party must have caused your motor vehicle collision.) 

The other driver might dispute liability if your vehicle was side-swiped or when there is no police report. So reach out to a car accident lawyer as soon as possible. 

Once you establish liability, you may receive compensation for:

  • Medical bills
  • Future medical bills
  • Physical pain/suffering
  • Emotional trauma
  • Lost wages
  • Loss of consortium
  • Permanent physical impairment
  • Punitive damages

If injured, you may receive reimbursement for medical bills that you incurred after your accident. If a doctor says you need future medical treatment, you may receive an additional payment. Regardless, you deserve compensation for the physical pain you suffer. In our legal system, money is the only form of redress for your injuries.

How much money you receive for your pain depends on multiple factors. If you suffer emotional trauma (regardless of whether the trauma caused you to seek mental health counseling), you might receive compensation. Time missed from work is also a cause for damages. If you can no longer perform daily activities such as gardening or spending time with your children, you too might receive damages. Juries and courts typically award punitive damages to punish wrongful conduct.

What Should I Do After a Car Accident in Atlanta?

  • Check for the condition of other passengers in the car with you, and if safe, make sure the other driver is also in a stable condition. 
  • If vehicles are in a safe place, then call the police. 
  • If things are cordial between you and the other driver, exchange insurance information with one another.
  • DO NOT provide a recorded statement to the other driver’s insurance company.
  • Immediately seek medical attention after the responding police officer concludes their investigation of the collision scene and provides you with a police report number.
  • Once you make it home, check the declarations page of your automobile insurance policy to see if you have either Med-Pay or personal injury protection to pay medical bills for your accident. 
  • Be sure to schedule an appointment with your primary care physician or another doctor within your health insurance network who customarily treats people injured in car accidents.

Do I Need an Atlanta Car Accident Attorney if an Insurance Company Offers Me Money?

While it is always best to consult with an experienced Atlanta car accident lawyer, you may want to settle your car accident case. 

Example

You know your injuries are minor after consulting with a doctor. The insurance company payout is enough to cover your medical bills and compensate for your pain and suffering. It may make sense to settle your case without an attorney. However, we advise that you still consult with an attorney before a settlement. 

The Law Firm of Walter Gabriel provides free guidance about whether your offer is fair. Call 404-549-6742 or get a free consultation.

When You Can Not Afford an Atlanta Car Accident Attorney

Atlanta car accident lawyer Walter Gabriel can help. For car accident cases, we never charge a client out of pocket for any fees. So clients do not pay us any money before their case settles. a

To put it another way, when you sign up as a client with our firm, you will not pay us a single dollar. Once your case settles or reaches a jury verdict, our fee comes from a portion of your recovery. If your case does not result in a settlement or jury verdict, you will still not owe any fee. (A contingency fee agreement)

What If a Police Officer Does Not Cite the Other Driver?

As long as the other driver is at fault for your car accident, you should be able to establish your entitlement to money for medical bills and injuries. Sometimes, the responding officer might believe the other driver to be at fault but decided not to issue a ticket. While the officer provides a neutral account of the accident, they are not an eyewitness. 

Speak with an experienced Atlanta car accident lawyer to learn more. Call the Law Firm of Walter Gabriel today at 404-549-6742.

What If the Other Driver’s Insurance Company Calls Me?

Regardless of whether you have an attorney, you are under no obligation to speak to the other driver’s insurance company. (You have nothing to benefit from speaking to the other driver’s insurance representative.)

If you don’t have an attorney when the other driver’s insurance company calls, tell the insurance rep that you do not wish to answer questions about your injuries or how the accident occurred. If you have an attorney, inform the insurance company that you have legal representation. The insurance adjuster should stop questioning you about the car wreck.

I Do Not Feel Hurt. Do I Still Need to See A Doctor?

Yes, you should always see a doctor after a car accident. Our No.1 goal is to help you return your physical and emotional health to where it was before the wreck occurred. You may not know that you have sustained an injury until days (or weeks) after the accident occurred. A late visit to a doctor may harm your medical recovery.

Do I Have A Case If I Was Partly At Fault?

When in doubt about whether you have a car accident case, you should always consult with an experienced car accident attorney. Our attorney-client consultations are free, so there is no harm in speaking with an experienced Atlanta lawyer to determine whether you still have a case, despite what you may think about your role in contributing to the car accident. 

Sometimes, even if you are partly at fault for your car accident, you may still be able to recover money from your car accident case. 

Call Atlanta car accident lawyer Walter Gabriel at 404-549-6742 to find out more.

How Do I Get My Car Repaired?

  • Once the officer finishes their report, which usually takes a few days, you will discover the other driver’s insurance company (and policy number). 
  • Use this information to open a property damage claim against the other driver’s insurance policy. Doing so helps you avoid paying a deductible for your vehicle repair. 
  • Select a reputable body shop to repair your car.
  • Once you have selected a dealer, inform the other driver’s insurance adjuster.
  • The body shop should send you an estimate for your repairs. It should also notify you of the final cost once it has completed repairs. 
  • Often, the body shop will bill the insurance company directly. Here, you will not have to worry about payment for your car repairs.

What If the Other Driver Did Not Have Insurance?

Uninsured/underinsured motorist coverage (UM coverage) will apply when the driver who causes the wreck did not have insurance coverage. If you have an uninsured motorist policy, then you have cover to add to your claim. To see if you have uninsured motorist cover, you should review your auto insurance declarations page.

Even if your automobile policy shows that you do not possess uninsured motorist coverage, you still may receive cover. These situations include: 

  1. Living in the same household as another person who had UM coverage at the time of the accident.
  2. You were a permissive driver of a vehicle with UM coverage.
  3. You were a passenger in a vehicle where the driver had UM coverage.

Generally, there are two types of uninsured motorist coverage: 

  • Add-on (or excess) uninsured motorist coverage. These policies allow you to stack coverage on top of the liability policy. 
  • Reduced by coverage. This policy equates to the amount of liability coverage less the amount of UM available. 

Can an Atlanta Car Accident Attorney Tell Me What My Case Is Worth?

The value of car accidents always depends on several factors as no two cases are the same. Common factors affecting the value of compensation include:

  • Number of medical bills.
  • Type of medical treatment needed.
  • Duration of medical treatment.
  •  The extent of time missed from work.
  • Whether permanent bodily impairment exists.
  • Whether a doctor performs or recommends surgery.
  • The potential venue of the lawsuit.
  • Whether the defendant is a co-operative defendant .

Understand that there is no set formula for determining the value of an accident claim. Subjectivity applies when considering what a jury might do when determining the extent of your pain and suffering. Compensation does not have a fixed dollar amount. 

If I Hire an Atlanta Car Accident Attorney, Do I Have to Vist Court?

No. An experienced Atlanta car accident lawyer like Walter Gabriel knows it is not a requirement. Most claims for car accidents settle without ever having to sue. Also, the vast majority of cases conclude before a trial before a jury takes place. 

Claims for car accidents settle when the insurance company offers enough money to satisfy medical bills and compensate for pain and suffering. Whether or not a case goes to trial, of course, often depends on you. Call Atlanta car accident attorney Walter Gabriel at 404-549-6742 to discuss your case today.

My Car Accident Happened When Traveling Outside of Georgia. Who Do I Hire?

We settle cases on behalf of those who were:

  • Living outside of Georgia when their accident occurred.
  • Located outside of Georgia when their accident occurred.

We are Atlanta car accident attorneys, but we frequently represent out-of-state clients in the location where the client received injuries.

Statute of Limitations for Car Accidents in Georgia

Statutes of limitations are statutes that stipulate the deadline to sue. If you cannot sue in time, you lose the right to damages.

Georgia drivers, in most cases, have two years from the collision to sue. Claimants making claims against cities in Georgia must properly deliver an ante litem notice within six months.

Courts impose strict guidelines for what constitutes sufficient notice to cities in Georgia. If you wish to make your claim with the City of Atlanta, for example, the Atlanta City Council has a claim form on its website. Claimants must provide similar notice properly delivered to Georgia counties within 12 months and Georgia state agencies within 12 months. 

If a claimant is a minor, Georgia extends the statute of limitations until he or she turns 18 years old. 

Where the underlying tort is a crime, tolling provisions also apply. Tolling also happens when either the claimant or at-fault driver has died.

If you cannot file your claim before the deadline passes, you will lose your right to recover. Georgia imposes a two-year deadline for most injury claims, but shorter deadlines exist for claims against Georgia government agencies.

Given the importance of filing a timely claim, get in touch with the Law Firm of Walter Gabriel, LLC at 404-549-6742 immediately. Walter Gabriel will evaluate your car accident injury claim and provide you with impartial advice.

Statute of Limitations for Car Accidents in Louisiana

In Louisiana, Article 3492 of the Civil Code governs the statute of limitations for personal injury claims. In many other states, the statute of limitations for most personal injury actions is two years. Louisiana, however, implements a one-year statute of limitations. This liberal prescriptive period runs from the date of injury.

There are exceptions to the statute of limitations in Louisiana. One example is the discovery rule. This rule suspends the running of the statute of limitations period until you discover (or should reasonably discover) your injuries.

Walter Gabriel can sue in a Louisiana court of law on your behalf. Call 404-549-6742 or book a free consultation

Why Should You Hire a Car Accident Lawyer After a Car Accident?

A car accident attorney in Atlanta:

  • Provides full legal representation if your case goes to court.
  • Helps you settle a case outside of court.
  • Helps you navigate the complicated legal system.
  • Provides ongoing legal support.
  • Fights for the compensation you deserve.

Contact an Experienced Atlanta Car Accident Attorney for a Free and Confidential Consultation

The Law Firm of Walter Gabriel, LLC has extensive experience in a broad range of personal injury claims, including car accident disputes. Walter Gabriel has worked as both a prosecutor and plaintiff’s attorney. His unique perspective comes from the substantial breadth and depth of his experience in litigation.

Close engagement with the client is the key to effective legal representation in a personal injury case. Walter Gabriel analyzes critical information about the accident and addresses all concerns. 

Contact Walter Gabriel to find out if you have a case. Call 404-549-6742 or request a free and confidential consultation with a skilled Atlanta personal injury lawyer.  

You PAY NOTHING, unless YOU WIN.