Misinformation runs rampant after a car accident, especially when navigating the legal complexities. If you’ve been involved in a car accident in Roswell, Georgia, understanding your rights is paramount. Are you sure you know what’s true and what’s just plain wrong?
Myth #1: If the Police Didn’t Issue a Ticket, You Don’t Have a Case
The misconception here is that a police report is the be-all and end-all of fault determination. This simply isn’t true. While a police report can be helpful, it’s not the only evidence that can be used to prove negligence.
In fact, the police often don’t issue tickets at the scene, even when someone is clearly at fault. Why? Because their primary job is to secure the scene and ensure everyone gets medical attention. Determining fault for insurance purposes is a secondary concern. What’s more, the standard of proof for a traffic ticket (“beyond a reasonable doubt”) is much higher than the standard for a civil claim (“preponderance of the evidence,” meaning more likely than not).
We had a case a few years back where our client was rear-ended on Holcomb Bridge Road near GA-400. The police didn’t issue a ticket because they said they didn’t witness the accident. However, we were able to obtain security camera footage from a nearby gas station showing the other driver clearly speeding and not paying attention. That video, combined with our client’s medical records and vehicle repair estimates, was enough to secure a favorable settlement. If you need help proving fault, read about how to prove fault and win.
Myth #2: You Can Handle the Insurance Claim on Your Own and Save Money
Many people believe they can negotiate a fair settlement with the insurance company without a lawyer. While it’s possible, it’s rarely advisable. Insurance companies are businesses, and their goal is to minimize payouts. Here’s what nobody tells you: they train their adjusters to offer you the lowest possible amount, hoping you’ll accept it before you realize the true extent of your damages.
Further, dealing with insurance companies can be incredibly stressful, especially while you’re recovering from injuries. They may ask for recorded statements, medical authorizations, and other documents that could potentially harm your case if not handled properly. I’ve seen countless cases where people inadvertently said something that the insurance company later used against them.
Plus, do you really know what your claim is worth? Do you know how to calculate lost wages, future medical expenses, and pain and suffering? An experienced Georgia car accident lawyer understands these factors and can fight for the compensation you deserve. We know how to value a claim and aren’t afraid to take a case to court if the insurance company isn’t being fair. For Roswell residents, it’s helpful to know the steps to take after an accident.
Myth #3: If You Were Partially at Fault, You Can’t Recover Any Damages
Georgia follows a modified comparative negligence rule, outlined in O.C.G.A. § 51-12-33. This means that you can still recover damages even if you were partially at fault for the car accident, as long as your percentage of fault is less than 50%. However, your recovery will be reduced by your percentage of fault.
For example, let’s say you were involved in an accident at the intersection of Mansell Road and North Point Parkway in Roswell. The other driver ran a red light, but you were speeding. A jury determines that the other driver was 80% at fault and you were 20% at fault. If your total damages are $100,000, you can still recover $80,000.
However, if the jury finds you 50% or more at fault, you cannot recover anything. That’s why it’s crucial to have an attorney who can investigate the accident and present evidence to minimize your percentage of fault. The insurance company will try to pin as much blame on you as possible, so you need someone fighting for your rights. Understanding how to prove fault is critical in these situations.
Myth #4: You Have Plenty of Time to File a Lawsuit
This is a dangerous misconception. In Georgia, the statute of limitations for personal injury cases, including car accidents, is generally two years from the date of the accident, per O.C.G.A. § 9-3-33. While two years might seem like a long time, it can pass quickly, especially when you’re dealing with medical treatment, recovery, and other challenges.
If you don’t file a lawsuit within that two-year period, you lose your right to sue for damages. Period. End of story.
Don’t wait until the last minute. Gathering evidence, negotiating with the insurance company, and preparing a lawsuit takes time. Contact a Roswell car accident lawyer as soon as possible to protect your rights.
Myth #5: All Lawyers Charge the Same Fees
Not all lawyers are created equal, and neither are their fee structures. Most personal injury lawyers, including myself, work on a contingency fee basis. This means that you don’t pay any attorney’s fees unless we recover compensation for you. Our fee is a percentage of the settlement or verdict, typically around 33.3% if the case settles before a lawsuit is filed, and 40% if a lawsuit is necessary.
However, some lawyers may charge different percentages, and some may charge hourly rates or require retainers. It’s crucial to discuss the fee arrangement upfront and make sure you understand it completely before hiring a lawyer. Don’t be afraid to ask questions about how the fees work and what expenses you’ll be responsible for.
I had a client last year who came to us after speaking with another firm that wanted a hefty up-front retainer, even before evaluating the case. We were able to take his case on contingency, and ultimately secured a settlement that covered his medical bills and lost wages. The peace of mind he got from knowing he wouldn’t owe us anything if we didn’t win was invaluable.
Navigating the aftermath of a car accident in Roswell can feel overwhelming. Don’t let misinformation cloud your judgment. Take the time to consult with a qualified attorney who can assess your case, explain your rights, and help you pursue the compensation you deserve. If you’re in Alpharetta, you might want to know about steps to take after an accident there, as well.
What should I do immediately after a car accident in Roswell?
First, ensure everyone’s safety and call 911 to report the accident and request medical assistance if needed. Exchange information with the other driver, including insurance details. Take photos of the scene, vehicle damage, and any visible injuries. Seek medical attention as soon as possible, even if you don’t feel immediately injured. Then, contact a car accident attorney in Roswell, Georgia to discuss your legal options.
How much is my car accident case worth?
The value of your case depends on several factors, including the severity of your injuries, medical expenses, lost wages, property damage, and pain and suffering. An experienced attorney can evaluate your case and provide a realistic estimate of its potential value. We often use tools to calculate the economic damages and then factor in the non-economic damages based on similar cases in Fulton County.
What if the other driver was uninsured or underinsured?
If the other driver was uninsured, you may be able to recover damages through your own uninsured motorist (UM) coverage. If the other driver was underinsured, meaning their insurance policy limits are insufficient to cover your damages, you may be able to pursue a claim against your own underinsured motorist (UIM) coverage. These claims can be complex, so it’s essential to have an attorney who is familiar with UM/UIM law.
Do I have to go to court?
Not necessarily. Many car accident cases are settled out of court through negotiation or mediation. However, if the insurance company is unwilling to offer a fair settlement, it may be necessary to file a lawsuit and proceed to trial. Even after a lawsuit is filed, settlement negotiations can continue, and many cases are resolved before trial.
What if I have pre-existing injuries?
Pre-existing injuries can complicate a car accident case, but they don’t necessarily prevent you from recovering damages. You are entitled to compensation for the aggravation or exacerbation of your pre-existing condition caused by the accident. An attorney can help you gather medical evidence to prove the extent to which the accident worsened your pre-existing condition.
Don’t wait to seek guidance from a legal professional. Contacting a car accident lawyer in Roswell immediately following your accident can make all the difference in protecting your rights and securing the compensation you deserve.
