If you’re 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. To protect yourself and your right to fair financial recovery, 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. This is what we do at John Foy & Associates. We have 20+ years of experience helping accident victims get the money they need and deserve for a full recovery. If you have been hurt in a car accident, or have a loved one in the same situation, give us a call today to discuss your options.
The initial consultation with us is FREE—and working with us is risk-free because we don’t get paid unless we win you money. To get started with your free consultation, call us today at 404-400-4000 or fill out the short form on this page.
How Much Money Can I 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.
Determining Fault in Smyrna
If the other driver was 100% at fault for your accident, they are legally liable for all costs resulting from the accident (also known as damages). In a lot of car accidents, it’s fairly clear who was at fault, such as in a rear-end collision. However, sometimes more than one person is at fault—and that changes how much you can recover.
In Georgia, you can still recover damages if you are less than 50% at fault for a personal injury accident. But the full amount of damages you can recover is reduced based on your degree of fault. 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. You would not 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. That may include the following
Costs of Your Injuries
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.
Pain and suffering damages are possible if you also have physical injuries from the accident. These damages refer to current and future physical and mental pain you suffer because of the accident and your injuries.
Mental suffering can include anxiety, depression, humiliation, shock, loss of enjoyment of life, and more.
If the car accident leaves you disfigured or deformed, such as from scarring, you may be able to collect damages for the emotional suffering that results.
A Smyrna car accident lawyer 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.
The Insurance Company Already Offered Me Money. Should I Take It?
No! Never take the first offer.
Insurance companies are trained to 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, hoping you’ll take it out of desperation. If you take it, 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 lawyer 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 almost never 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 Hit Me Doesn’t Have Insurance?
If your accident is caused by an uninsured motorist, the case becomes more complicated—but it is not hopeless.
Definitely, call the police to report the accident. And if the driver pulls over after hitting you, ask for their first and last name, phone number, address, and any insurance information. Even if they do have insurance, they might be underinsured—meaning they 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. 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.
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 are accounted for. We can also help you deal with the insurance company and protect your rights.
For a FREE consultation to discuss your case with one of our attorneys, call 404-400-4000 or complete the form on this page to get started today.