Smyrna Car Accident Lawyer
A car accident is an event that we all hope we will never experience. It leaves lasting effects on the lives of the individuals involved and can cause massive amounts of stress that no one wants to deal with. After the accident, it can be a long process when dealing with insurance companies, determining fault, and gaining the outcome you deserve. Overall, getting back to normal life can be a struggle.
Why Choose Brooks As Your Car Accident Attorney in Smyrna?
At Brooks Injury Law, we fight for our clients that have been victims of car accidents. We will take the hassle of dealing with insurance companies off of your hands so you can focus on getting the medical treatment you need to get better. Then, we get you the settlement you need and deserve.
We do everything we can to get you a result that covers your medical bills, lost wages, pain and suffering, and provides you with overall peace of mind after your accident.
National Car Accident Facts & Stats
What To Do After a Car Accident
1. Move Move To Safety
If possible, move to the shoulder of the road for your safety and the safety of others.
2. Call Call The Police
Always call the police to obtain a police report for your records. Additionally, call for medical assistance if injuries are sustained in the accident.
3. Gather Gather Information
Gather information from all parties involved, including their names, phone numbers, and insurance information. For your records, also take pictures at the scene of all vehicles involved. Try to locate any witnesses at the scene and get their identifying information as well.
4. Wait Don't Admit Fault
Wait for the police to arrive to investigate the accident that has just occurred. They will then determine the party at fault.
5. Seek Call An Attorney
Seek legal representation and never pay for a consultation. Find someone that will listen to your case free of cost and determine the best plan of action.
Common Causes of Car Accidents
Texting, eating, doing hair or makeup, reaching for things in the back seat, etc. are all contributing factors to car crashes nationally. Any action that requires you take your eyes off the road or hands off the wheel is considered a distraction to your driving. Using your phone to text or place calls is now illegal in the state of Georgia thanks to the Hands-Free Act. This law was designed to decrease the statistics surrounded by distracted driving and car accidents. For more on the Georgia Hands-Free act, visit headsupgeorgia.com
Drunk or impaired driving is one of the leading causes of roadway accidents not only in Georgia, but all across the nation. In 2016, impaired drivers were responsible for nearly 400 car crash fatalities, according to the Georgia Governor's Office of Highway Safety.
Exceeding the speed limit is yet another common cause of car accidents on our Georgia roadways. There was a 25% increase in speed related deaths in 2016 as compared to 2014 throughout the state of Georgia.
Drowsy Driving is found most common between the hours of 9 PM and 6 AM according to the National Highway Traffic Safety Administration. The NHTSA did reveal, however, that drowsy driving decreased by 3.5% in 2016 compared to the previous year.
Many roadway hazards can be created from construction zones, uneven lanes, potholes, and other debris. All of these factors can easily cause a car accident, especially if you are not prepared to encounter such hazards.
Common Types of Auto Accident Injuries
Auto accidents can cause any traumatic injury. Broken bones, back injuries, head injuries, whiplash, and other soft tissue damage, lacerations, bruises, and damage to the arms, legs, chest, and abdomen are common types of auto accident injuries a person can suffer after a collision.
In addition to the physical injuries, the trauma of a car crash can cause a person to develop emotional or psychological conditions, like post-traumatic stress disorder (PTSD). Also, a person who becomes disabled from severe injuries could develop chronic depression, anxiety, sadness, and loss of enjoyment of life.
Steps To Take After An Accident
Steps To Take After An Accident
Automobile accidents are never planned or expected, but unfortunately they still occur far too often. When they do happen, you are left to deal with the aftermath. Brooks Injury Law is here to help you with your recent automobile accident so that you are not left to piece together the puzzle alone. Whether the accident was caused from distracted driving, speeding, or Georgia roadway hazards we are here to ensure that you get the compensation you need while recovering.
Automobile accidents are startling and it can take a while to get back up on your own two feet. Our team will never leave you to fend for yourself when trying to settle an auto crash case. We strive to get you the largest financial payout possible that can assist you in dealing with severe injuries, long-term medical problems or treatment, lost wages, and other strains that an automobile accident may have caused.
How Much Is My Car Accident Case Worth?
Every car accident case is different because every person's injuries are unique. The amount of compensation you might collect will likely be different from anyone injured in the same collision, even a passenger in your car.
We will have to talk to you and investigate your situation before determining the monetary value of your injury claim.
The primary categories of compensable damages in car accident injury cases include:
Car Accidents Types
- Head On Collisions
- Rear-End Accidents
- Side-Impact Collisions
Car Accident Attorney in Smyrna GA
Hiring the right car accident attorney will make a huge positive difference in this unfortunate and difficult part of your life. You can spend countless hours at the Smyrna Court House trying to piece together what you need to do next on your own. By not hiring an attorney, you are throwing countless hours out the window, you will also get on average 40% less when the settlement finally comes around, which will happen much faster with professional help.
It's free to talk with us, please reach out if you have any questions or would like an estimate of what you could be owed.
In Georgia, you have up to two years to file a claim and sue for compensation. If you wish to take this court journey alone, Smyrna Court House is located at 2800 King St SE, Smyrna, GA 30080.
Get directions to Local Smyrna Court House
And, if you want to take professional help, our Car Accident Attorneys in Smyrna will be more than happy to help you.
Contact a Top-Rated Smyrna, GA Car Accident Lawyer Today
Brooks Injury Law is happy to provide a free initial consultation with no obligation. You can contact us today to find out how we can help you. Easily call us or text us at: (678) 813-2202.
FAQs About Car Accidents in Smyrna, GA
What Should I Do Immediately Following a Car Accident in Smyrna, GA?
You will want to protect your safety by notifying the police to come to the crash scene, protect your health and well-being by getting immediate medical attention, and protect your legal rights by talking with an auto accident lawyer in Smyrna.
What Should I Do if an Insurance Company Calls Me?
When you have a Smyrna car accident attorney representing you, the insurance company cannot contact you directly. If they send you a letter, email, or text, or if they call you, you can tell them that you have a lawyer.
Sometimes, the insurance company will call a personal injury claimant and ask them to give a recorded statement. However, we do not recommend that our clients give recorded statements to the insurance company. Despite their suggestions that a recorded statement allows you to tell your side of the story, recorded statements only benefit the insurance company.
They do not send you a transcript of the recorded statement, but the claims adjuster will review the transcript looking for ways to deny your claim or pay you less money than you deserve. When they take things out of context and cherry-pick your recorded statement, they can morph it into something you did not intend to say.
What if the Accident Was Partly My Fault?
Originally, many states used a rule that disqualified people from receiving compensation for their injuries if they were even 1% at fault in causing the accident. This rule caused harsh and unfair results, so as a matter of public policy, Georgia and most other states adopted a different rule, called comparative negligence.
The comparative negligence rule allows an injured person to recover money damages for their injuries from an accident, but the rule reduces the settlement or jury verdict to the injured person's part of the total fault. For example, if you have $100,000 in money damages and the judge said you were 20% at fault, comparative negligence would reduce your verdict by 20%, or $20,000. You could recover $80,000 for your losses.
There are several variations of the comparative negligence rule. Georgia follows the "modified comparative negligence rule," which says that an injured plaintive can only recover money damages if his negligence was less than 50% of the total fault. The 'modified comparative negligence rule' can be read in detail from OCGA § 51-12-33.
Is There a Time Limit to File My Case?
Yes, Georgia imposes deadlines on the amount of time people have to file personal injury lawsuits seeking compensation from the person who caused the accident that injured them. The filing deadline, also called the statute of limitations, depends on the type of lawsuit you want to file and the defendant.
If you are suing a city in Georgia for your injuries, OCGA § 36-33-5 gives you only six months to take legal action. Filing a claim against a county (OCGA § 36-11-1) or the state of Georgia (OCGA § 50-21-26) must happen within one year. If you wish to pursue a government entity for money damages for your injuries, you must first file an administrative claim and exhaust your remedies before taking your case to court.
The statutes of limitations are different if you are suing individuals, non-government organizations, or a business. Here are some of the common filing deadlines in personal injury cases:
Under OCGA § 9-3-33, you have two years to file your case in court for a general personal injury lawsuit.
If your close relative died because of an accident that was someone else's fault, OCGA § 9-3-33 sets the filing deadline at two years.
Cases involving allegations of personal injury from nursing home abuse have a filing time limit of two years from the date of the incident or two years from the date of discovery under OCGA § 9-3-33.
If you got injured by a dangerous product, OCGA § 9-3-33 says that you must file the lawsuit within two years from the date of the incident or two years from the date of discovery, but no later than 10 years.
Medical malpractice lawsuits must get filed within two years from the date of the incident or two years from the date of discovery, according to OCGA § 9-3-71.
Sometimes, the court will extend the statute of limitations for a specific legal impediment, like the injury of a minor child, but usually, courts are strict about the filing deadlines. If your case is outside of the filing deadline, you can talk to us and find out if there is an exception based on the facts of your situation.
How Long Will It Take to Resolve My Case?
Many factors can affect how long it takes to resolve your car accident personal injury claim. We usually advise our clients not to settle their cases before completing their medical treatment. After you settle your claim, you can never go back to get more money from the insurance company. If you later find out that you will need additional medical care, like surgery, you might have to pay for that out of your pocket.
If it looks as though your case is not going to settle before the filing deadline, we can file a lawsuit to protect your right to compensation. Filing a lawsuit does not take away the right to settle your case. The vast majority of cases get settled rather than going to trial.
What Is the Statute of Limitations on Personal Injury in Georgia?
The time limit for filing most personal injury lawsuits in Georgia is two years, according to OCGA § 9-3-33. If you miss the applicable statute of limitations for your case, the law can forever bar you from seeking compensation from the person who injured you through their carelessness.
What Is the Average Car Accident Settlement in Smryna?
Smyrna car collisions have no average car accident settlement figure because settlements usually do not get recorded in the courts, unlike jury verdicts and judgments. The information is usually private when a car accident injury claim gets settled. Often, a nondisclosure agreement prevents any parties from telling people how much money they got or paid.
Also, there is no typical car accident settlement amount because every car accident injury claim is unique. Therefore, the amount of compensation a person who gets injured in a car crash that was someone else's fault can collect will depend on the specific facts of the individual case.
Sometimes, people assume that for each category of injury, like whiplash or a broken leg, the injured person will receive the same amount of money as anyone else with that type of wound. In reality, many other factors can impact the financial value of a person's injury claim. For example:
If the at-fault driver only carries the minimum policy limits required under Georgia law, and your damages and losses are higher than that amount, you might have to claim your automobile policy if you carry underinsured motorist (UIM) coverage for the difference. Another option could be to pursue the at-fault driver's assets or another insurance policy, like an umbrella liability policy.
If you were partly at fault for causing the collision, your proportion of the total negligence could reduce the amount of your settlement.
People can recuperate differently from the same type of injury. One person with a broken leg might be as good as new a year later after physical therapy. In contrast, another person might have complications because of diabetes, an infection, or some other cause and end up having to undergo an amputation.
Even within the same category of injury, there are degrees of severity. A clean, simple fracture is likely to heal better than a compound fracture in which the bone shatters into multiple pieces.
These are just a few factors that can affect how much money a person might be able to pursue in a personal injury case for a Smyrna car accident.
How Much Does a Smyrna, GA Car Accident Attorney Cost?
Brooks Injury Law handles car accidents and other personal injury claims on a contingency fee basis. You do not pay upfront legal fees to get our help with this fee arrangement. We understand that you might have a stack of medical bills after getting hurt in a crash, and you might not be able to work. The last thing you need at this time is another bill to pay.
No matter how much work or time it takes, we wait patiently to get paid until the end of the case when you get a settlement or court award for your injuries and losses. At that time, we receive a percentage of the settlement or verdict. This amount will not come as a surprise because we explain the contingency fee at the beginning of the case and provide a written fee agreement that covers the terms, including the percentage.