If you’ve suffered a car accident in Stone Mountain, our car accident lawyers can help you recover a settlement. Don’t pay for any of the damages out of your own pocket. Instead, file a claim and hold the negligent driver responsible for the accident liable for their actions.
John Foy & Associates can help. We have over 20 years of experience working with car accident victims and winning cases. We founded our law practice exclusively to help those who got injured through no fault of their own, and we have worked our way up to being one of the most respected and effective law firms in Georgia.
Who Is At Fault in a Stone Mountain Car Accident?
The state of Georgia is an at-fault state for car accidents. That means that whoever caused the accident will be held responsible for all the costs related to the accident. However, in most cases, their insurance company will pay the fees for them, and no one owes anything out of pocket.
This can be a good system, but it means that insurance companies use complicated assessments to decide who is at fault. To prove fault, you need to establish that the driver that caused the accident was negligent in their actions. Negligent actions on the road can include:
- Driving under the influence (DUI)
- Anyone violating traffic rules such as speeding or running a red light.
- Distracted driving, such as talking on the phone or texting.
Every car accident case is unique. The one key to all cases is the concept of “negligence.” Was one person negligent in a way that probably caused the accident? Could the accident have been avoided if they were simply more attentive? If so, then that negligent party is the one at fault for the accident.
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Comparative Negligence in Stone Mountain
The reason why it’s so important to understand who is at fault for a car accident is due to the comparative negligence laws in Georgia. Under the Official Code of Georgia Annotated (OCGA) §51-12-33, car accident victims can only file a claim if they are less than 50% responsible for their accident. Whatever percentage below 50% gets deducted from their final settlement total.
In essence, you don’t want to risk having your settlement cut by a certain percentage. You always want to ensure that you don’t get considered at fault in any capacity, or these comparative negligence rules will significantly reduce your settlement’s value.
What Damages Can I Compensate for with My Claim?
The law grants you the right to recover up to 100% of your costs in an accident that wasn’t your fault. That means the victims can potentially walk away from the accident with zero medical debt and zero bills. The most common damages in car accident cases are:
- Medical bills
- Prescription medication
- Rehabilitation such as occupational therapy or physical therapy
- Reimbursement for lost wages related to the accident
- Car repairs
Other damages can also get factored in. Suppose you have suffered a disability because of your car accident or endured significant physical pain. In that case, you could be awarded a substantial amount of money in addition to the costs above.
We don’t believe that this money can ever make up for what happened. However, it can help you and your family remain strong financially and put your life back together.
How Strong Is My Car Accident Claim?
It’s hard to know until you speak to a lawyer. The answer depends on the exact details of your case. A good attorney who has worked on hundreds of car accident claims will be able to tell you how strong your claim is and how much your financial recovery is likely to be worth.
This is the reason that John Foy & Associates offers free consultations. We want you to get the information you need, with no financial barrier. Many kinds of car accidents can result in a successful financial recovery. We have helped victims of:
- Head-on collisions
- Rear-end collisions
- Distracted drivers
- Large truck accidents
- DUI drivers
- Bad visibility (rain, fog, etc.)
- Faulty tires
- Hit and run drivers
- Uninsured drivers
Ultimately, your car accident claim will only be as strong as the legal representation you choose to assist you. While you can gather evidence and police reports, you won’t be able to match the legal power and resources an insurance company has. Don’t underestimate the lengths they’ll go to pay you the bare minimum for your settlement.
Will My Car Accident Claim Go to Trial?
In most cases, the answer is no. Rarely, if the insurance company refuses to bargain, we may recommend you go to trial in the local courts. We always base our recommendation on how strong your case is and how likely we believe you will win. If you choose to go to court, we handle everything for you.
Our lawyers will put together a detailed case for exactly how much money you need and back up every detail with evidence. Then we hammer the insurance company at the bargaining table and push them to pay you. This is often all it takes to get them to offer you substantially more money.
How Much does It Cost to Hire a Stone Mountain Car Accident Lawyer?
How much our lawyers charge for car accident claims will depend on several factors. However, we don’t think you should pay anything out of pocket. Our goal is to help accident victims. That’s why we make legal help accessible, and it’s why we don’t charge hourly rates.
Our payment terms are simple:
- Your consultations are free
- You never pay us anything out of pocket
- You don’t pay us, ever, unless we win you money
The last thing our lawyers want to do is be another source of financial stress. So allow us to handle all of your legal grunt work while you rest and recover from your car accident.
Never Trust the Insurance Companies
After your car accident, the insurance company is more than likely going to try and contact you to discuss what happened. Never tell them anything aside from very basic information. If possible, avoid speaking to them entirely and never verbally accept any deal or sign and papers.
Remember, insurance companies are businesses, and they want to see you get the lowest amount for your compensation. They’ll never give you a fair amount unless you negotiate for the settlement you deserve. Before you do anything regarding your settlement, always contact one of our car accident lawyers in Stone Mountain first.
Remember the Statute of Limitations in Georgia
OCGA §9-3-33 gives car accident victims two years from the date of their accident to file a claim. Two years can pass by quickly, and the longer you delay filing your claim, the harder it becomes to get compensation. While we don’t recommend rushing to file, we do recommend getting legal assistance fast and building a strong case early.
Talk to a Stone Mountain Car Accident Attorney for Free
The aftermath of a car accident can be painful, frustrating, and stressful. Don’t face this time alone. Let John Foy & Associates give you a free consultation to understand your legal options and get the money you need. Schedule an appointment with us today by calling us or filling out our online contact form. We are available 24/7.