One of the first questions our clients have when they come into the office is – how much is my car accident case worth? It’s only natural to want to know. However, your Georgia personal injury attorney has no idea what your case is worth until they get a chance to review it.
There are so many variables that can affect your total damages. For example, if you need future medical care, your car accident lawyer in Sandy Springs, Georgia will have to demand compensation for that care. The same is true when it comes to lost wages. It’s impossible to know how much you’ve lost in wages or future income until you’ve reached maximum medical improvement.
Here, we’ll discuss the different types of damages you can receive in your Georgia car accident case. We’ll also briefly discuss what your attorney must do before you can collect damages. If you still have questions about your case, just give our office a call. You can meet with one of our associates at no cost to you.
Your Georgia Personal Injury Attorney Must Prove Negligence in Order to Collect Damages
Before you can even start thinking about damages in your car accident case, your Georgia personal injury attorney must prove fault. This means they’ll need to show that the defendant was negligent. In Georgia, you need to prove the following 4 elements to demonstrate negligence:
- The defendant owed you a duty of care – This isn’t hard to do in a car accident case. All drivers owe a duty of care to other motorists. At a minimum, they must obey all traffic rules.
- The defendant breached this duty of care – Once you show that the other driver owed you a duty of care, you must show they breached it. In a car accident case, this can be done by showing that the defendant committed a traffic violation. For example, if the police determine that the other driver was intoxicated at the time of the crash, this will show a breach. The same is true if your lawyer can prove the other driver was speeding.
- You must show that you were hurt – Sometimes, it’s hard for even the best auto accident lawyer in Tucker to explain how important this is. Some people think that you’re entitled to damages simply because you were involved in a car wreck. That’s not true. If you can’t show that you were injured, you won’t have a case.
- Finally, your Georgia personal injury attorney must demonstrate causation – This means that you have to connect the defendant’s behavior to your injuries. This is why it’s critical that you go to the emergency room immediately after your accident. Otherwise, there will be no way to prove that your injuries were directly caused by the crash.
Most Plaintiffs Are Entitled to Damages for Medical Bills For Your Car Accident Case
If you’re injured in the accident, you’ll be entitled to damages for your medical bills. This includes current medical bills as well as future medical bills. Your lawyer will submit copies of any medical bills that are still outstanding. They’ll also make copies of any explanation of benefits forms that your private health insurance has provided. They will expect to be reimbursed for any monies they’ve put out.
As for future medical bills, if your doctor says you’ll need surgeries in the future, you shouldn’t have to pay for this. As long as you can show it’s related to your car accident case, the defendant will be held liable for these expenses too.
You Can Also Demand Lost Wages and Lost Future Income
If your injuries are serious, you’ll likely miss at least a few weeks from work. If this is the case, you can demand reimbursement for any lost wages. Your attorney will have to submit copies of your payroll records to justify these damages.
If you’re not able to do the same kind of work after the crash, you can also demand damages for future lost income. For example, if you were a truck driver and can no longer work, you’ll end up on disability. Your lawyer will demand that you be paid the difference between the money you would’ve made compared to what you’ll collect on disability.
Whatever this difference is, your car accident lawyer in Sandy Springs, Georgia will multiply it by the number of years you would have worked. Regardless of what your true intentions were, you can’t collect damages beyond the age of 65.
You Can Demand Compensation for Any Damage to Your Vehicle
Even if you were in a minor car accident, you still probably suffered damage to your car or SUV. For instance, if you were hit from behind, you’ll likely need a new bumper. You may need extensive repairs.
If the accident was serious, there’s the chance that your car will be deemed totaled. If this is the case, you can demand the fair market value of your vehicle.
Many Car Accident Case Victims Receive Pain and Suffering Damages
If you’re like most other plaintiffs, you’ll be eligible for pain and suffering damages. These are meant to compensate you for any mental or physical anguish caused by the accident. Of course, your attorney will still have to prove these damages. They can do this using the following:
- Medical records
- Testimony from your own doctor or a medical expert
- Statements from your friends and family about how your life has changed
- Proof that you’ve suffered from depression or anxiety since the crash
Generally speaking, your pain and suffering damages will be worth about 3 times your medical bills. So, if you receive $100,000 in medical damages, you can demand $300,000 in pain and suffering.
Contact a Car Accident Lawyer in Sandy Springs, Georgia
If you’ve been injured in a car crash, you may need help. Depending on your injuries, you may be entitled to certain damages. In order to collect these damages, you’ll need to file a legal claim. Rather than trying to do this on your own, you can have your Georgia personal injury attorney do this for you.
All you have to do is call our office and schedule your free, initial consultation. Sit down with someone who’s handled cases like yours before. They can answer any questions you may have. They can also give you an idea of what your damages may be.
Since the first meeting is free, you have nothing to lose.