Car accidents happen nearly every day. Most are minor fender benders that don’t require emergency services. Unfortunately, not all accidents end with minor dents on someone’s car. Car accidents have the potential to injure those involved severely and can result in immense property damage. Those who’ve been in a car accident due to the fault of another driver can recover monetary compensation through a personal injury claim that helps provide financial support for nearly all emotional, physical, and financial losses caused by the car accident.
While individuals hurt in an accident caused by another driver’s reckless actions may be entitled to fair compensation, recovering that compensation isn’t always easy. Insurance companies will do everything in their power to limit their payout regardless of whether their policyholder was at fault. When insurance companies begin to use “bad faith” tactics to diminish the amount they pay or deny a person’s claim, individuals can benefit from the experience and guidance of a Sandy Springs car accident lawyer. Working with a car accident lawyer can significantly improve your chances of obtaining fair compensation that covers all your losses. If an insurance company can’t agree to a fair settlement offer, an attorney can file a lawsuit and fight for your right to just compensation through the civil court system.
How to Establish Liability in a Car Accident Claim
Car accident claims fall under the legal umbrella of personal injury law. Personal injury law is a section of civil law that encompasses cases in which someone suffers emotional, physical, or financial harm due to another party’s negligence. Negligence refers to the behavior that leads to the incident or accident resulting in an individual being harmed. In terms of car accidents, negligence can look like this:
- Drunk driving
- Distracted driving
- Driving while fatigued
- Road rage
- Not using turn signals
- Ignoring traffic laws
- Running a stop sign
Proving negligence often requires an extensive investigation of the accident to obtain the full picture and determine who is at fault. An attorney must be able to prove that the other driver breached their duty of reasonable care and that their negligence is the direct or proximate cause of your injury and other related losses. To prove negligence, attorneys must obtain evidence of fault and liability, which may entail examining the following:
- Expert witness
- Medical records
- Video footage
- Accident reconstructions
Obtaining the necessary evidence to support your claim is vital. When you appoint a skilled and trusted attorney to work on your case, you benefit from their expertise and resources. They have legal resources and experience to gather evidence for your claim and know what evidence best benefits the success of your claim.
What Are Damages in a Car Accident Claim?
In personal injury, damages refer to the monetary award individuals can potentially receive should their claim be successful. An injured car accident victim may be entitled to the following damages:
Medical expenses are nearly all costs associated with the injury a person sustained during the accident. Medical damages may include monetary awards to cover the following:
- Emergency room visit
- Ambulance ride
- Surgical treatments
- Recovery room stay
- Follow-up doctor visits
- Physical therapy
- Disability aids
- At-home care
Determining how much an individual may be owed for medical expenses isn’t just about looking at medical bills. It also requires understanding how the injury affects the victim’s quality of life in the future. If their injury has long-term or life-long effects for the victim, those costs must also be included in the calculations. However, determining how an injury affects a person’s future can often be subjective, as it’s not always possible to get a clear picture of events for something that hasn’t happened. A skilled attorney knows how to calculate and estimate damages while keeping their client’s best interest in mind and ensuring they don’t accept any settlement offer that’s less than what they deserve.
Loss of Income
Some car accident injuries can cause extensive damage that prevents the victim from working for several weeks, if not months. While they recover, they may be entitled to loss of income benefits, which provide financial relief until the individual can return to work.
Temporary and Permanent Disability Benefits
Car accidents can cause irreparable harm that temporarily or permanently disables individuals, completely altering their quality of life. When this kind of damage occurs, victims are entitled to temporary or permanent disability benefits, which provide income and medical relief in the form of weekly or monthly payments.
Pain and Suffering
Pain and suffering is a generalized legal term that refers to the physical, emotional, or mental agony or turmoil victims may face after a car accident. For instance, some people may develop a form of PTSD or some anxiety and depression due to the events of the accident. Additionally, pain and suffering encompass the pain or frustration one feels after becoming temporarily or permanently disabled.
Determining the extent of someone’s pain and suffering is a complicated matter. Ultimately, no amount of money can make up for the pain someone suffered, so the goal becomes to provide them with as much financial assistance as possible. This is another instance where accident victims benefit from the expertise of a car accident lawyer. A lawyer knows how to calculate pain and suffering damages that keep the victim’s unique needs in mind and will be ready to fight for their right to maximum compensation.
Contact Tabbaa Law’s Sandy Springs Car Accident Lawyer Today
After a car accident, if you’ve been injured or suffered severe property damage, you want Tabbaa Law on your side. Tabbaa Law is a boutique personal injury law firm with the resources of a large firm dedicated to providing clients with a personalized approach. Our goal is not just to be your lawyer, but also to provide the guidance and support you need during this difficult time.