Car Accidents in Duluth
With more driver distractions than ever before, auto accidents have become an everyday occurrence. Although laws have been enacted to help avoid car crashes, such as Georgia’s new hands-free law, people in the Atlanta area continue to drive distracted, aggressively and often under the influence of drugs or alcohol.
For over 20 years, Scholle Law has represented hundreds of clients in the most serious car accident cases. We are dedicated to helping our clients, whose lives have been temporarily disrupted or permanently derailed by a collision.
Call a Duluth Car Accident Lawyer Today
Whether you were injured by a driver who was speeding or texting behind the wheel, or you lost a loved one in a fatal car crash, our Duluth car accident attorneys are here to help you through the process of recovery and to hold the at-fault driver responsible for your medical bills, lost wages and other damages.
We’re available 24/7 for your call and your first consultation is free with no obligation to our law firm. Call (678) 831-9645 to get in touch with an experienced Duluth car accident lawyer today.
How We Can Help
As your dedicated Duluth car accident lawyer, we’ll start by performing what’s called “discovery” to find out all the facts of your case. This may include seeking relevant documents or deposing the other driver to determine whether they were on medication or otherwise impaired when the accident occurred. In a deposition, the witness is under oath and must answer truthfully. We can also determine whether the driver had a history of accidents or was involved in other car crashes that caused injury.
Maximum Compensation for Your Car Accident Injuries
For over two decades, the Georgia personal injury lawyers at Scholle Law have helped accident victims and their families get the financial compensation they are legally entitled to.
Charles Scholle and his expert legal team will fight to remove the burdens standing in your way by communicating with insurance adjusters, helping you understand your case, and working tirelessly to secure the best possible financial recovery.
The Difference Between a Settlement and a Verdict
What is the difference between a settlement and a verdict? Generally speaking, a settlement is an agreement by legal adversaries to amicably resolve their legal case outside of court. If those parties are unable to resolve their legal case by mutual agreement, then the judge will call the case for trial. A verdict is the decision of a jury at the conclusion of a trial. However, a settlement can still occur post-trial pending an appeal. Therefore, it is important to understand that a legal matter can be settled at any time, either before or after litigation, trial or appeal.
Most auto accident cases are resolved by settlement. In fact, over 99% of all auto accident cases are resolved by settlement, rather than verdict. So it is important to understand that a settlement can occur at any time to resolve the litigation.
What To Do After A Car Crash
Did you know that the average American will get into 3 or 4 car accidents over the course of their lives? In just a single year, over 6 million car accidents occurred across the nation, and half of those resulted in injuries. In fact, according to the Georgia Department of Public Health, motor vehicle crashes are the leading cause of injury deaths and second leading cause of hospitalizations and ER visits in Georgia. And since 2015, Georgia has seen on average, upwards of 1,500 motor vehicle related deaths per year .
Motor vehicle crashes (MVCs) are the leading cause of injury deaths and second leading cause of hospitalizations and ER visits in Georgia.
It’s important that you know what to do and say after an accident, especially when you speak to the other party and police. Using this guide, you can save yourself from losing money, and in some cases even avoid penalties and other punishments.
So here are the important steps you should take after a car accident.
Step #1: Stop and check for injuries.
Everyone involved in an accident must first stop. It’s the law. Next, when safely pulled over, check yourself for injuries. You may feel pain in your neck, shoulders, back, legs and other areas. If you are experiencing any pain, you should not move and wait for help to arrive. Call 911, or have someone else do it.
Step #2: Report the accident to police.
The 911 operator will need to know the location of the accident, description of the scene (including any details of glass or hazards), and a description of the injuries. You must report the accident per Georgia Code 40-6-273 if the accident resulted in an injury, death or damage exceeding $500.
One thing to keep in mind is that if you don’t file a report at the time of accident, you may not be able to claim any damages or seek further compensation if something else goes wrong.
Step #3: Exchange information with the other driver.
You’ll need to exchange your contact information and the name of your insurance company with the other party. The other driver should provide you with their full name, home address, email address, telephone number, date of birth, driver’s license number, vehicle information (including license plate and registration), VIN, and insurance company and policy number.
Step #4: Gather evidence.
Before you leave the accident scene, take photos and videos if you are able to do so safely and without placing yourself in harm’s way. It is important to take pictures of all vehicles involved, including damage hot spots, license plates, witnesses, other drivers, photos of the scene (such as a dangerous intersection or construction signs), and any other evidence you feel is relevant to your claim. This evidence will support your version of events.
Step #5: Talk to the police.
If you plan on collecting any compensation, you’ll need to file a police report and give your statement to the police. However, if you’re hurt badly, you should seek medical attention immediately and worry about the police report later.
Typically, law enforcement will arrive faster if there was an injury because they’ll need to arrange for an ambulance to come treat the injured party. They also must secure the accident scene, investigate the cause and issue traffic citations. If anyone is intoxicated or has an outstanding warrant, the Georgia police may place them under arrest.
You should talk to the police about what happened before and during the accident, as well as any injuries you are experiencing. This will go into the official police report, so it’s important to be honest but highlight any pain and suffering that you have experienced. At the same time, avoid admitting fault or apologizing, even if you think you might have caused the accident.
You can obtain a copy of the police report after the accident by contacting Georgia’s Open Records department and completing the Accident Report Release Form. You can go to the Georgia Department of Safety website for more information on these records.
Step #6: Notify your insurance company.
After speaking with police, you’ll also want to notify your insurance company. They’ll want all the details as well for determining who was at-fault, how your rates will be affected, and what claim you can file for vehicle damage. Be aware of the statute of limitations in Georgia for filing a claim with your insurance. If you wait too long, you may not be eligible for compensation.
Step #7: Contact a Duluth car accident lawyer.
Some people aren’t sure if they want to hire an attorney to handle their car accident claim. However, if you suffered an injury or significant damage to your vehicle where your life was threatened, you should consult an attorney about your legal options. In case of a fatality, an attorney may be able to collect significant compensation for the family that goes beyond just damages.
How To Choose A Duluth Car Accident Lawyer
After being in a serious car crash, chances are you feel overwhelmed. Seeking out the best lawyer might sound intimidating and more than you’re able to handle right now. Like many people, you may not really understand what you should and shouldn’t do when it comes to hiring the right legal professional to handle your Atlanta car accident lawsuit.
Fortunately, there are a number of strategies you can use to make finding the best attorney easier. Take a deep breath and consider the following with choosing a Duluth car accident lawyer.
Ask for recommendations.
Even in this high-tech age when people turn to the internet for nearly everything, word-of-mouth is invaluable. As you begin your search for a qualified car accident attorney, ask for recommendations from your family, friends and colleagues. Odds are that you know at least 1 person who has needed an attorney.
Getting recommendations from people you trust allows you to begin building a list of prospective local lawyers for your own case. In addition to providing you with positive recommendations, people you trust may also advise you of any attorneys that you should avoid.
Look for lawyers with experience in your type of case.
Personal injury is a very broad area of law. In this day and age, personal injury attorneys frequently focus their practices on specific types of accident cases. So, when seeking legal representation, try to find a lawyer with a strong background in the specific type of car accident that you were involved in.
Schedule a face-to-face meeting.
Once you’ve narrowed down your list to 2-3 Duluth car accident lawyers who specialize in your case type, it’s time to schedule a face-to-face meeting.
On some level, you should treat this initial appointment as something of a job interview, with you doing the hiring. Come prepared to this session with a list of questions for the attorney and pay close attention to their answers.
Determine their caseload.
As part of your initial search, you will want to determine the extent of an attorney’s current caseload. Make sure that a prospective attorney isn’t already so overextended that they will be unable to give your case the time and attention it deserves.
Ask for references from the lawyer you are considering hiring. References can come in the form of former clients and professional colleagues.
Once you collect the names and contact information, take the time to actually contact these individuals. Time and again, people seeking legal representation will obtain references and then never take the all-important step of reaching out to these former clients or existing colleagues.
Evaluate the overall firm.
You also need to take the time to evaluate the overall professionalism of the law firm. While it’s important to thoroughly vet the individual attorney who will be handling your case, you also want to pay attention to other people at the firm who may be involved in resolving your case, including legal assistants and paralegals. In addition, identify other resources that a law firm has available. In the case of a car accident, these resources may include investigators and medical experts.
Make sure you fully understand the fee arrangement.
Finally, you should be certain that you fully understand the fee arrangement. Most car accident lawyers charge no fee for an initial consultation and have a contingency fee arrangement. You should know precisely what percentage of any future settlement or judgment will go to the attorney or law firm. You also need to understand whether or not you need to pay some of the expenses associated with preparing your case upfront.
What types of damages can I recover from my car accident?
For many people that have suffered injury at the hands of another, one of the first things that comes to mind is how they are going to be compensated for their damages. The next question that naturally follows from this is what types of damages they can expect to recover. These are excellent questions.
Under Georgia law, damages in personal injury cases come in two basic forms, special damages and general damages. These are defined under O.C.G.A. § 51-12-2 as follows: Special damages are those which flow from a tortious act; they must be proved in order to be recovered. General damages are those which the law presumes to flow from any tortious act; they may be recovered without proof of any amount. As explained more fully below, special damages are often referred to as “economic damages,” while general damages are often referred to as “non-economic damages.”
Most people probably do not fully understand what these definitions mean or what sort of damages these categories encompass. In the discussion that follows, we explain some of the more common damages that people tend to suffer in car wrecks and other injury incidents, and where they fit under these broad damage categories.
Economic, or special damages, are those that are capable of being quantified with receipts, billing records, and other accounting or expense records. The following are common examples of these sorts of damages:
- Current medical expenses
- Future medical expenses
- Ambulance fees
- Lost wages
- Property damage and vehicle repair expenses
- Rental car expenses
- Costs of household services that cannot be performed while injured
- Any other out-of-pocket expenses attributable to the injury incident
Non-economic, or general damages, are those that are unable to be quantified with a bill or receipt. The most common element of general damages that most people are familiar with is pain and suffering. What may not come immediately to mind however is the diminished quality of life that a person may endure. This is true for the time frame following the wreck often when injuries are at their worst, through and including treatment and recovery, and into the foreseeable future depending on the extent of injury. The following are common examples of these sorts of damages:
- Pain and suffering
- Diminished quality of life
- Mental anguish
- Fear and mental trauma from injury incident event
Proving General Damages
As explained above, general damages are those sorts of damages that are non-monetary in nature, meaning that they do not flow from an expense or actual monetary loss. It is a person’s pain and suffering, both physical and mental, that in turn causes them to suffer a diminished quality of life. However, for there to be a claim for emotional pain and suffering, as opposed to physical pain and suffering, there must be an actual physical injury caused from the same injury incident. This is rarely an issue as there is seldom one without the other. And, in cases where the physical pain is significant and long-lasting, this can have devastating emotional effects.
As for physical injuries, most car wreck victims suffer some amount of neck and back injury. With physical injury there is also pain, stiffness, and limited range of motion. All of this affects the ability to function in varying degrees. Neck and back injuries typically limit a person’s ability to lift objects, pull and push things. These same injuries also tend to cause pain and discomfort during prolonged periods of sitting and standing.
Activities that an injury victim once did without thought often prove to be difficult and cumbersome, if not entirely prohibitive. From the moment an injured person wakes in the morning to the moment they go to bed, they are reminded of their injuries and painful limitations. For instance, simple tasks like bathing and getting dressed can be quite difficult. Likewise, most household tasks are often difficult, if not painfully prohibitive. Then, at the end of the day, getting a good night’s sleep is difficult, leading to increased mental and physical fatigue.
Having to endure this day after day is exhausting, physically and emotionally. Often the emotional turmoil is commensurate with the physical injuries and their limitations. It is not uncommon for people to become clinically depressed as they find their lives turned upside down. This is particularly troublesome with permanent and long-lasting injuries.
When our Duluth car accident lawyers seek to prove these non-economic damages, largely rooted in pain and suffering and diminished quality of life, a bill or receipt is probably not the sort of evidence we would ordinarily use to support this general damage element. This is because these sorts of general damages are completely subjective and based upon what each individual injury victim suffers from the wreck or injury incident.
Medical bills can however perhaps provide some context as to the magnitude of a person’s pain and suffering. For instance, if someone has sizable medical bills, many jurors will likely make the connection that the pain and suffering was commensurate with those bills. This is because as the bills increase, this tends to be indicative of more serious injuries. From this, most jurors would probably infer that the person must have suffered greater pain and suffering than someone with less serious injuries and less expensive medical bills.
However, this may not always be the case. In fact, evidence of medical bills may cause a jury to return a verdict for pain and suffering lower than what they might have otherwise found. This may seem counterintuitive, but medical bills can in some instances serve to “anchor” the jury’s total verdict to an amount close to the billed amount with general damages (pain and suffering) being some fraction of this. Depending upon the case, this may or may not be an accurate reflection of the injured person’s pain and suffering. In fact, in some cases, it may be substantially less.
So, in those cases where the medical bills do not offer a meaningful measure of an injury victim’s pain and suffering, it may be wise to forgo those special damages altogether. This can be a difficult decision because juries are inclined to compensate a victim for their medical expenses. However, in the right case, this approach can yield a larger overall verdict with the focus on the general damages of pain and suffering and diminished quality of life. The decision here will depend upon the unique facts of each case and personal characteristics of each injury victim. An experienced Duluth car accident lawyer will be able to prove your emotional trauma, pain, and mental anguish so you get the proper compensation to cover your care and suffering.
Beyond special (economic) and general damages (non-economic), there are also punitive damages that may be awarded in those cases where the at-fault driver committed some act that was especially troubling or aggravated. Punitive damages are not awarded as compensation for injury, but rather to punish the wrongdoer for such aggravated acts and hopefully deter any similar future misconduct.
In Georgia, punitive damages are generally capped at $250,000. However, there are some exceptions to this rule. One such exception applies to cases where it can be proven that someone acted with actual intent to harm someone. Another exception applies when someone acts or fails to act while under the influence of alcohol or drugs. This would cause injuries caused by an intoxicated driver. In these cases, there is no limit to the amount of punitive damages that the jury may award.
Should I accept the insurance company’s settlement offer?
Your auto insurance is supposed to cover your injuries after an auto accident. You pay premiums for years in exchange for the confidence that you’ll be taken care of if something goes horribly wrong. Unfortunately, many victims of auto accidents discover this isn’t true when their insurance company fails to look after their best interests—at a time when they need help most.
Insurance is a business like any other, and insurance companies lose money when they pay high accident settlements. That means insurers routinely offer less than they believe accident claims are worth, relying on customers’ lack of familiarity with the process to keep them from having to pay out a full and fair amount.
In some cases, particularly cases of severe injury, insurance companies do everything they can to avoid paying at all, even when their own policy contracts say they should. This dishonest behavior victimizes hardworking families twice: first, through the accident itself; and second through the stress and strain of dealing with financial worries on top of their injuries.
Fortunately, Georgia law protects victims of serious auto accidents caused by someone else’s careless driving. Victims have the right to bring a personal injury action against the person or organization responsible for the accident and their resulting injuries.
An insurance claim or lawsuit cannot undo your accident, but it can help secure the money you need to support yourself and your family while you heal and get your life back on track.
Our experienced duluth car accident lawyers regularly negotiate with insurance companies to get our clients the best settlement possible and take the insurance company to court if they refuse to play fair. We are fierce advocates and will go to court on your behalf armed with all the facts to fight for the monetary recovery you deserve.
What is comparative fault in Georgia?
Comparative fault is a legal doctrine that allows a defendant accused of causing a wreck (or any other injury causing incident) to ask the jury to apportion a percentage of fault to other individuals, including the plaintiff. If any driver involved is more than 49% at fault, that driver may not pursue financial compensation.
By way of illustration, consider the following. Suppose that you are involved in a multi-car wreck and file a lawsuit against the other drivers. At trial, those drivers can seek to have the jury assign a percentage of fault to every driver that was a party to the wreck, including you. Any verdict will be apportioned accordingly. However, if the jury assigns 50 percent or more fault to you as the plaintiff, by law, you are legally barred from any recovery whatsoever. This underscores the importance of having experienced counsel in your corner.
Common Car Accident Injuries
After a car accident in Georgia, many victims suffer both physical and emotional trauma from these accidents. Your family’s finances can also be impacted, as you may be out of work for a while and your health insurance may not fully cover your treatment and recovery. In severe collision cases, the main earner in the family may be out of work permanently with a lifelong disability. In the most tragic situations, the loss of a loved one can result in a permanent and irreparable loss.
Injuries resulting from car wrecks commonly include:
- Wrongful death – Wrongful death claims may be pursued by the surviving family members of the deceased to recover all associated damages for the loss of the person’s life. Such claims can be complex and require the establishment of an estate and court appointed administrator. It is important that these claims are handled appropriately so that all categories of damages may be pursued, to include any pain and suffering endured in the moments leading to a person’s death. A Duluth car accident lawyer can help you in claiming the medical costs, funeral costs, and emotional trauma from losing a loved one.
- Burns – Burns are often among the most painful types of injuries requiring extensive treatment and leaving scars that can last a lifetime. The physical and emotional turmoil from burn injuries can forever change a person’s life. The damaged skin tissue is not only unsightly and embarrassing, but also painful and uncomfortable.
- Fractured bones – Fractured bones are serious injuries accompanied with extreme pain and immobility. In the worst cases, surgery may be necessary to ensure proper placement and healing.
- Neck injury (whiplash) – Neck injury (whiplash) is a very common injury in auto accidents causing weeks, if not months of painful symptoms while the surrounding muscles and connective tissues slowly heal. During this time, whiplash victims suffer significant limitations making activities such as driving, reading, computer work, household tasks, and sleeping difficult, if not painfully prohibitive.
- Brain injury – Brain injury cases can involve weeks of severe headaches, nausea, and dizziness. Fortunately, most cases resolve with the symptoms. More serious cases can be permanent and present life-long limitations.
- Spine injury – Spine injury, especially to one’s discs, is often a permanent injury causing functional limitations for the duration of a person’s life, to include an inability to sit or stand for prolonged amounts of time or walk or run for long distances. Beyond this, spine injury victims also usually suffer limitations in their ability to engage in activities that require pulling, pushing, and bending, making most of their daily activities cumbersome and uncomfortable.
- Back injury – Back injuries can be debilitating, affecting almost all aspects of a person’s life making most activities difficult and painful. Almost everything a person does requires some sort of back movement, making these injuries painful and devastating.
- Head injury – Cases involving head injury are often unsightly with serious injuries to the brain, eyes, mouth, and teeth that can require extensive medical and dental treatment. And, because of the face, plastic surgery may be necessary.
- Paralysis – Paralysis of any form is a permanent life altering injury, often requiring in-home care or placement in a care facility.
- Coma – A coma effectively removes a person from their existence and the lives of their family and friends, wrecking emotional and financial havoc. Do not shoulder the cost of medical treatment when a negligent driver is at fault. Let our Duluth car accident lawyers help.
- Internal injuries – Internal injuries are often life threatening as they remain unseen and can cause serious complications, if not death, if not discovered and treated in a timely manner.
- Scars requiring plastic surgery – Scars requiring plastic surgery are usually the result of significant injury. And, while doctor’s can often improve their appearance, it is not without considerable pain, discomfort, and lengthy recovery. And, while plastic surgery can be beneficial, it never restores a person’s skin to its pre-injury condition.
- Children’s injuries – Injuries to children are among the most emotionally devastating sorts of injuries. Seeing your child seriously hurt and suffering injury and associated pain and discomfort is troubling. These injuries can also cause developmental problems requiring extensive medical treatment, both physical and psychological.
At Scholle Law, our Duluth car accident lawyers will work closely with you and your family to help you during this difficult time. We will leave no stone unturned when it comes to holding those responsible for the injury or death you might be dealing with.
Common Types of Car Accidents
No two car accidents are the same. Every car crash case varies in type and cause. While car accident injuries may be similar, they often impact individuals and families differently. Our Duluth car accident lawyers have seen all types of car accidents and we have represented victims from vehicle rollovers to chain-reaction accidents on highways. Let us help.
Some of the most common types of car wrecks in Duluth and the greater Atlanta area include:
- Aggressive driving – Aggressive driving is all too common here in Georgia causing countless wrecks every year.
- Back over car accidents – Back over accidents are easily avoidable if people would simply take the time to check their surroundings before backing their vehicle. Tragically, it is usually children that suffer from these sorts of accidents.
- Chain reaction – Chain reaction car wrecks commonly occur on Georgia’s roadways. It only takes one person not paying attention to set in motion a multi-car wreck.
- Construction site car crashes – Construction site car crashes often create bottle-neck traffic situations and distractions for drivers causing multi-vehicle rear-end collisions.
- Distracted driving – Distracted driving, whether it is from texting, checking email, or simple inattention to the surroundings is one of the most common causes of accidents on Georgia’s roadways causing countless wrecks each year.
- DUI and drug related crashes – DUI and drug related crashes are often some of the worse sorts causing devastating damage and often fatal injuries. In Georgia, if you are injured in an accident with an impaired driver, you can seek punitive damages in addition to your pain and suffering, medical expenses, and property damage. If you were hit by a drunk driver, give our Duluth car accident lawyers a call as soon as you can.
- Elderly driver car accidents – Elderly driver car accidents are an all too frequent cause of wrecks. As we age, our eyesight and reflexes deteriorate. Beyond this, elderly folks may suffer from a variety of other ailments requiring prescription medication that should not be taken while driving. These are important factors to consider if you suffer a wreck involving an elderly person.
- Failure to yield – Failure to yield car wrecks often happen from inattention or impatient drivers, or a combination of the two. The results are often tragic because the other driver usually has little time to slow or stop.
- Fatal car crashes – Fatal car crashes involving death are the worst sorts of accidents leaving a wake of damage and life-long misery for the remaining family and friends.
- Head-on collisions – Head-on collisions are often the result of inattention or impaired driving. They frequently result in catastrophic injuries, if not death.
- Highway auto accidents – Highway auto accidents are among the most common in Georgia. Our roadways are extremely congested, especially in the greater metropolitan Atlanta area. With all of these motorists on the road, your odds of being victim to a car crash increase significantly. When driving on Georgia’s highways it is prudent to always be cautious and drive defensively.
- Hit and run crashes – If you are in a hit and run crash, you should immediately call the police to report the accident and document any damage to your vehicle. It is also important to identify witnesses and obtain their statements in the event the hit and run driver is never found. Without this information, you may be precluded from any recovery.
- Manufacturing defect – Manufacturing defects, or products liability cases can cause significant injury. Such injury is always preventable making these sorts of cases troubling. It is often the result of a company simply trying to save money at the expense of making their products safer.
- Multi-vehicle (pile-up) collisions – Multi-vehicle (pile-up) collisions are frequently the result of driver inattention, following too closely, and driving at unsafe speeds. These sorts of wrecks significantly disrupt the roadways, causing even more accidents. The injuries and damages are often broad and extensive.Contacting an experienced Duluth car accident lawyer as soon as possible will help you in your claims process.
- Road rage – Road rage in Georgia is all too common. Overly aggressive drivers can themselves cause wrecks and often cause dangerous situations on the roads contributing to other accidents.
- Roadside accidents – Roadside accidents create a distraction and hazard to other drivers until they are safely removed. Be mindful of such situations when traveling on Georgia’s roadways. And if you are involved in a roadside accident, try to remove yourself from the accident site as soon as possible so that you are not victim to another vehicle colliding into your car or hitting you.
- Rollover car wrecks – Rollover car wrecks can cause devastating injury to include broken bones, horrific internal injuries, head trauma, spine and back injury.
- Sideswipe collisions – Sideswipe collisions are caused from driver inattention and blind spots. While traveling on the roadways, be mindful to drive defensively while avoiding other driver’s blind spots.
- Taxicab accidents – Taxicab accidents can raise complicated issues pertaining to auto insurance and liability. Taxicab companies will often attempt to absolve themselves of any fault, pointing the finger at the driver, and disclaiming any responsibility. They will usually do this by asserting that their taxicab drivers are independent contractors as opposed to them being employees. If you suffer a wreck while riding in a taxi, it is important to contact a law firm as soon as possible so that these complex issues are handled appropriately allowing you to pursue all entities with legal liability.
- Teen driver car accidents – Teen drivers are an all too common cause of car accidents. They have little driving experience and tend to be easily distracted, making them susceptible to causing car wrecks. If you have a teen driver, please be mindful of this and provide appropriate guidance and oversight. This underscores the importance of alert and defensive driving for all drivers.
- Tire blowouts – Tire blowouts often cause vehicles to quickly lose control. When a vehicle is not able to maintain its lane it may come into another vehicle’s lane. Many blowout accidents can cause serious chain reaction accidents on our Georgia roadways and highways.
Our Duluth car accident lawyers represent clients in ALL types of auto accidents, regardless of cause. Whether your injuries are due to the negligence of another driver who failed to yield the right of way in an intersection or who side-swiped your vehicle on a highway, we can prove that your injuries are the fault of the other drive
Car Accident Questions and Answers
What should I tell insurance after a car accident?
You need to report the accident to your insurance company and the other driver’s insurance company. Placing both insurance carriers on notice is very important. Keep the description of the wreck simple. If the other driver was cited for the wreck, be sure to communicate this to both insurance companies. However, do not agree to any recorded interview without first consulting a Duluth car accident lawyer. Insurance company adjusters often ask questions that can elicit responses that may not be in your best interest.
What should I tell the police on the scene of a car accident?
You should provide a simple and straightforward account of the wreck and how it happened from your perspective, describing specifically what you saw and felt. It is also important to report any pain or discomfort.
Will I have to go to court?
The large majority of cases settle without having to file a lawsuit. Once you are done treating, we will send the insurance company a demand letter that summarizes the wreck or other injury incident, your injuries, your medical treatment, and a full description of your damages. In this same letter we will make a monetary “demand” to compensate you for the damages you suffered. This will start a negotiation process. If a settlement is not reached, we will then file suit on your behalf. However, even at this stage, most cases still settle short of trial without having to go to “court.”
The other driver’s insurance company has contacted me. What do I say?
It is important to let this adjuster know that you were not at fault. Explain simply how the wreck occurred from your perspective. Keep it simple and do not provide any extraneous information. However, it is far better to consult with a Duluth car accident lawyer before having any such conversation.
Is there a time limit for filing my car accident claim?
Yes. The city of Atlanta, Gwinnett County and the entire state of Georgia enforces a deadline on car accident lawsuits (known as the “statute of limitations”). In general, most people injured by a car crash have just 2 years to file a claim. If you don’t file your lawsuit before this deadline, you will lose your ability to recover compensation for your damages. It takes time to prepare a compelling case on your behalf, which is why you should talk with a Duluth car accident lawyer as soon as possible if you have questions about your case.
Get help today from an experienced Duluth, Georgia car accident attorney
For over two decades, the Duluth car accident attorneys at Scholle Law have helped accident victims and their families get the financial compensation they are legally entitled to.
Charles Scholle and his expert legal team will fight to remove the burdens standing in your way by communicating with insurance adjusters, helping you understand your case, and working tirelessly to secure the best possible financial recovery.
Yes. The city of Atlanta, Gwinnett County and the entire state of Georgia enforces a deadline on car accident lawsuits (known as the “statute of limitations”). In general, most people injured by a car crash have just 2 years to file a claim. If you don’t file your lawsuit before this deadline, you will lose your ability to recover compensation for your damages. It takes time to prepare a compelling case on your behalf, which is why you should talk with a car accident lawyer as soon as possible if you have questions about your case.
Contact us to speak with a lawyer about your accident.We’re available 24/7 and your first consultation is free.
Call 866-972-5287 or send us a message online
Related Practice Areas
- Duluth Car Accident Lawyers
- Construction Site Car Accidents
- Head-On Collisions
- Highway Car Accidents
- Aggressive Driving Car Accidents
- Distracted Driver Car Accidents
- Road Rage Auto Accidents
- Roadside Car Accidents
- Rollover Car Accidents
- DUI and Drug Related Accidents
- Elderly Driver Car Accidents
- Fatal Car Accidents
- Sideswipe Car Accidents
- Backover Car Accidents
- Failure-to-Yield Car Accidents
- Multi-Vehicle Collision Fault
- Hit and Run Crashes
- Taxicab Car Accidents
- Teen Car Accidents
- Manufacturing Defect Car Accidents
- Chain Reaction Car Accidents