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Georgians know that if you’re injured in any accident, call John Foy and get the Strong Arm. With his career dedicated to helping victims of wrongful death and catastrophic injury, John Foy sets the tone for the firm – and the unwavering standard of transparent communication and superior service to our clients.
At John Foy & Associates, we care about our people. Clients know they’re getting the best when they hire us to represent them, and our attorneys and staff know they are part of a community that truly cares. With a team of over 150 people, we work together to get the best possible outcome for our clients, always.
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Read about it If you were injured in a car accident in Smyrna, you should act quickly. The at-fault driver’s insurance company will immediately start investigating the collision to look for ways to reduce the compensation they might have to pay you. Therefore, it’s best to contact a Smyrna car accident lawyer as soon as you can.
A car accident lawyer will begin their own investigation on your behalf and help you create a strong insurance claim with relevant evidence. We have more than 20 years of experience helping accident victims get the money they need and deserve for a full recovery.
What Can I Do to Protect My Rights After a Car Accident?
To legally protect yourself after a car accident, you will need to document the accident, gather evidence, get your injuries treated as soon as possible, and seek legal help.
Documenting the Scene
After the accident happens, you will need to:
- Call the police to report the accident and tell responding officers what happened
- Take pictures of the accident scene, your injuries, and vehicle damage to your car
- Avoid admitting any blame or apologizing to the other driver until you have all the facts
- Talk to witnesses and get their names and contact information
Each of these steps can help create a record of the car accident, which is crucial for your insurance claim.
Getting Your Injuries Checked Out
After you’ve left the scene, see a doctor as soon as you can to have your injuries checked out. Some car accident injuries take time to fully show up, so you should see a doctor even if your pain is minor. The sooner you can get treatment and create a record that you saw someone for your injuries, the better it is for your case.
Also, keep track of all medical bills, doctor notes, and other records of your injuries and medical expenses.
Taking Notes On the Accident
Keep a record of what happened before, during, and after the car accident. Write down how the accident made you feel and how your injuries have impacted your day-to-day life. Also, record any names and contact information of people you’ve communicated with about your accident.
Getting a Car Inspection
Assess how much your vehicle damage will cost to repair (or replace, if your car was totaled). You might see a few different inspectors for an average estimate of how much your vehicle damage is worth before the other driver’s insurance company steps in.
Documenting Your Damages
Keep track of all costs associated with your car accident. Use a file or folder to save documents and notes in one place. This should include:
- Your claim number
- The insurance adjuster’s name
- All medical bills and records
- Quotes for vehicle damage repairs
- Full names, phone numbers, and addresses for all relevant contacts
Calling a Car Accident Lawyer
Schedule a consultation with an experienced car accident lawyer who can make sure you are doing everything to protect your rights after the accident. It’s easy to get taken advantage of if you don’t know how to handle the insurance company, so a lawyer can make sure that doesn’t happen. They can also help fight for the fair settlement you deserve.
If the insurance company or other driver fights against your claim, your lawyer will be there every step of the way—even if you need to take the driver to trial.
Basically, be cautious in everything you do or say after a car accident. Avoid admitting blame, apologizing, or downplaying your damages - and get a trusted lawyer on your side who can help you take the right actions for your case. The goal is to protect your legal rights to full compensation for all the damages you face because of the other driver’s negligence that led to your accident.
Getting Your Injuries Checked Out
After you’ve left the scene, see a doctor as soon as you can to have your injuries checked out. Some car accident injuries take time to fully show up, so you should see a doctor even if your pain is minor. The sooner you can get treatment and create a record that you saw someone for your injuries, the better it is for your case.
Also, keep track of all medical bills, doctor notes, and other records of your injuries and medical expenses.
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Get Medical Treatment as Soon as Possible
After you’ve left the scene, see a doctor as soon as you can to have your injuries checked out. Some car accident injuries take time to fully show up, so you should see a doctor even if your pain is minor.
The sooner you can get treatment and create a record that you saw someone for your injuries, the better it is for your case. Also, keep track of all medical bills, doctor notes, and other records of your injuries and medical expenses.
How Can a Smyrna Car Accident Lawyer Help You?
Our Smyrna car accident lawyers can do more than just handle the insurance company and represent you during negotiations.
Gathering Evidence and Consulting with Experts
With the help of our car accident lawyers in Smyrna, you will get help in collecting critical evidence regarding your car accident claim, such as:
- Medical records
- Police reports
- Witness testimonies
- CCTV, surveillance footage, or dashcam footage
In addition to gathering evidence, we can also consult with experts to reconstruct accidents or give their opinions on your injuries. These experts can significantly strengthen your case and help you get the maximum amount of compensation.
Accurately Calculating Your Damages
When you sustain lots of damages due to your car accident, calculating all of them can be highly challenging. Our car accident attorneys use various formulas and take into consideration the entirety of your car accident case when calculating your settlement. We won’t leave out a single penny.
Understanding Your Case and the Law
Your health and wellness come first above anything else. So instead of focusing on all of the legal terminology and grunt work, let us do that for you instead. We can help you understand the legal options available to you and handle all of the legal matters for your claim.
How Much Money Can You Recover from a Car Accident Claim?
The exact value of a car accident case depends on the details. More specifically, it depends on the degree of fault and your damages. Other factors that can affect how much compensation you can recover include:
- The severity of your car accident
- Whether or not you can receive an award for punitive damages under the Official Code of Georgia Annotated (OCGA) §51-12-5.1
- How much your damages have impacted your life
Since every car accident case is unique in its own way, there’s no quick way to tell how much your car accident claim will be worth at a glance. The average car accident settlement usually comes out to be around $15,000 to $30,000. Remember, this is just a very rough average, and your car accident settlement could be much more or less than that.
A Car Accident Attorney in Smyrna Can Help Determine Fault
If the other driver was 100% at fault for your accident, they are legally liable for all costs resulting from the accident. In many car accidents, it’s pretty clear who was at fault, such as in a rear-end collision. However, sometimes more than one person is at fault, which changes how much you can recover.
According to OCGA §51-12-33, you can still recover damages if you are less than 50% at fault for a personal injury accident. But the total amount of damages you can recover is reduced based on your degree of responsibility. For example, if you are 10% at fault for your car accident and your total damages are $10,000, the other driver would be responsible for $9,000 of the losses. Therefore, you wouldn’t be able to recover the remaining $1,000, which is 10% of the total.
Damages You Can Recover
If the other driver was indeed at fault, you can file a claim against their car insurance company for all costs you face because of the accident. As long as you can show that your car accident caused your damages, you can recover compensation for them.
Medical Expenses
Medical costs typically make up a large chunk of any personal injury claim. Even treatment of minor injuries can pile up quickly. Medical expenses can include:
- Doctor bills
- Hospital stays
- Ambulance fees and emergency room treatment
- Prescription medications
- Future medical expenses lost
- Wages and Earning Capacity
- Lost wages refer to money you would have earned if the accident hadn’t happened and you hadn’t had to miss work.
You may be able to recover lost earning capacity damages if the accident and your injuries impaired or prevented your ability to earn money in the future.
Mental Anguish and Emotional Trauma
Mental anguish such as anxiety, nightmares, and PTSD can all result from your car accident. However, just because mental anguish and emotional trauma aren’t visible like physical pain and suffering doesn’t mean that they’re any less valid. Our car accident lawyers in Smyrna can help you get the money you need to move forward and recover from the horrors of your car accident.
Disfigurement and Disability
If the car accident leaves you disfigured or disabled, you may be able to collect damages for the emotional suffering that results. Our Smyrna car accident lawyers can help you determine the full extent of your damages. Sometimes a claim is worth much more than an accident victim initially realizes. It’s important to find this out early, so you don’t get left paying for any current or future costs.
If the Insurance Company Has Already Offered You Money, Should You Take It?
No, never take the first offer. Insurance companies always look for ways to reduce their costs. They may employ questionable tactics to minimize their payout to those injured in a car accident, including:
- Calling you to ask how you’re feeling. If you sound cheerful or say you’re okay, they could use this against you later.
- Offering you a lump sum of money upfront. They hope you’ll take it out of desperation. But if you do, you’ll lose the chance to negotiate a higher settlement.
- Asking you to give a statement right after the accident. You should contact a car accident attorney in Smyrna before giving any statement. They can communicate with the insurer on your behalf.
A lot of money upfront is tempting to anyone who is suddenly faced with increasing accident costs. But this money is seldom enough to cover all of your losses, and taking it can leave you with more money worries down the road. If you are unsure about what to do, consult with an experienced Smyrna car accident lawyer.
What If the Driver Who Hits You Doesn’t Have Insurance?
If an uninsured motorist causes your accident, the case becomes more complicated, but it isn’t hopeless. First, call the police to report the accident. If the driver responsible pulls over after hitting you, ask for their basic information and any insurance details. Even if they do have insurance, they might be underinsured, meaning they don’t meet the legal minimum for coverage.
It’s quite common for uninsured motorists to flee or try to convince you not to report an accident. This is because they are afraid of the repercussions of not having coverage. But they should still be held responsible for their negligence, and you need to report the accident to protect your own interests.
Thankfully, you probably have Uninsured/Underinsured Motorist (UM/IUM) coverage through your own car insurance. This coverage is optional, but all insurers must offer it – and unless you specifically opted out, your policy likely includes it. Call your insurance agent if you are unsure.
The Statute of Limitations for Car Accidents in Smyrna
Car accidents in Smyrna only have a two-year deadline to file a claim. If you fail to file your claim within two years from the date of your accident, you won’t be able to recover any compensation. Believe it or not, this happens to lots of car accident victims throughout the nation.
Don’t delay in building a strong case for your claim and collecting as much evidence as possible. The statute of limitations can expire a lot quicker than you think. So get justice and a fair settlement today.
Talk to a Smyrna Car Accident Lawyer for Free Today
Don’t struggle through the aftermath of a car accident alone. Our lawyers at John Foy & Associates can help. We’ll walk you through the claim process and ensure all of your losses get accounted for. We can also help you deal with the insurance company and protect your rights. To get a free consultation, schedule an appointment with us online or by calling us. We are available 24/7.
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