Weaver Law Injury Attorneys helps people in Cumming when they’re injured in a car accident. A car accident can turn your life upside down. It’s not just the pain and injuries–you may also be dealing with emotional stress and financial strain. If someone else caused the accident, you have the right to hold them accountable. We’re here to help you get better by guiding you through the legal process. Contact us today for a free consultation.
Why Would You Need a Lawyer?
You don’t have to get a lawyer when you’re in a car accident, no matter what the circumstances are. With that said though, you might actually need a lawyer if you have more serious injuries or if the accident itself is complicated. More to the point, though, dealing with a car accident while dealing with everything else that comes with it is extremely challenging. That’s where we come in.
Our experienced lawyers put your needs first and handle the legal work so you can focus on getting better. Here’s what we can do for you:
- Investigating the accident to find out what caused it and who’s responsible.
- Gathering evidence and information needed to support your case.
- Interviewing witnesses and experts who can strengthen your claim.
- Handling all the communication with the insurance companies and other lawyers for you.
- Working to get you the best possible settlement.
We tailor our approach to your needs, offering free consultations and working on a contingency basis, meaning you pay nothing upfront.
How Does the Claims Process Work After a Car Accident?
No matter what kind of car accident you’re in, there’s a claims process in place that’s designed to help you. This is going to involve an insurance company in one way or another, and it can either happen inside or outside of court. Usually, it starts with filing:
- An insurance claim – The first step is usually filing a claim with an insurance company. This is a less formal process handled outside of court. The insurer will investigate the accident and decide how much they’re willing to pay. However, insurance companies often offer low settlements that may not fully cover your damages.
- A lawsuit – If the insurance company won’t offer you a fair payout, you may need to file a personal injury lawsuit in court. While lawsuits take longer and require more legal work, they often result in higher financial support. If a settlement isn’t reached, your case may go to trial before a judge or jury.
No matter which option you choose, our team will guide you through the process. Keep in mind, Georgia law has a two-year statute of limitations, meaning you have two years from the accident date to file a claim. If you wait too long, you could lose your right to file a claim at all. More to the point, though, the overall point of even filing a claim is to recover “damages” that cover your:
- Medical expenses
- Vehicle repair or replacement costs
- Lost wages and future earnings
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or companionship
- Wrongful death expenses
Remember, your damages are going to be specific to your accident. It also requires strong evidence and proof to get the most out of your claim. And there’s another hugely important aspect of the process–figuring out who pays for your damages.
Who Pays For My Damages After a Car Accident?
When there’s a car accident, someone is going to be responsible for causing it. In legal terms, this responsibility is called “liability”, and it’s important because it also makes them legally responsible for paying for your damages.
In order to figure this out, you have to show negligence. Negligence simply means that someone acted in a way that caused the accident and your injuries. Specifically, though, it means you have to show the following:
- Duty of care – The other driver (or whoever else) had a duty to act safely and follow traffic laws.
- Breach of duty – They failed to do this.
- Causation – Their reckless or negligent actions directly led to the accident.
- Damages – The accident resulted in injuries, financial losses, or other harm.
Sometimes, this is easy to figure out, like when someone isn’t paying attention and rear-ends you. Other times, like if there’s multiple people involved, it’s more complicated. Regardless, though, it’s going to come down to what happened with your individual accident. And with negligence, any of the following could be liable for paying for your damages:
- Other drivers
- Passengers or pedestrians
- The city or state government
- Car or parts makers
- Owners of the vehicle (if it’s not the driver)
Georgia also uses modified comparative negligence, which says that any percentage of fault you share will reduce your damages by that same percentage. Even if you’re partially at-fault, you can still file a claim, but it’s going to factor into how it plays out. That’s why it’s important to know what to do after an accident happens.
What Do You Need to Do After a Car Accident Happens?
The moments after a car accident are incredibly confusing and scary, and it’s only made worse if your car accident leaves you seriously injured. But these moments are also important in terms of how your claim will eventually play out. Basically, you still have to put together a strong claim, and in order to do that, here’s what you need to do after the accident happens:
- Call 911 – The first thing you need to do is get to safety and call 911 If possible, move your car out of traffic to prevent further accidents. If your car is too damaged to move, turn on your hazard lights and wait in a safe spot nearby. Check yourself and any passengers for injuries, then call 911. When emergency responders arrive, let them take care of you–even if you feel fine. Some injuries don’t show up right away.
- Report the accident to police – Call local law enforcement, such as the Cumming Police Department, Forsyth County Sheriff’s Office, or Georgia State Patrol. In Georgia, you’re legally required to report an accident if there are injuries, deaths, or property damage over $500.
- Exchange important information – Swap names, contact details, and insurance information with the other driver(s). If there are witnesses, get their contact details too.
- Document the accident scene – If it’s safe to do so, use your phone to take photos and videos of:
- Vehicle damage
- Road conditions
- Traffic signs or signals
- Any visible injuries
- Position of the vehicles before they are moved
- Get further medical care – Even if you’re under your own power, go to a doctor or ER as soon as possible. Some injuries, like whiplash or internal trauma, can take hours or days to appear. Seeing a doctor also helps establish a medical record that connects your injuries to the crash.
- Watch statements you make – When speaking to police, other drivers, or insurance companies, be careful with your words. Avoid admitting fault or speculating about what happened–just stick to the facts.
- Keep everything – Save everything related to the accident, including police reports, medical bills, repair estimates, and messages with insurance reps. If possible, don’t repair or replace anything until it has been properly documented.
In some cases, you may not be able to take all of these steps at the scene–especially if you’re seriously hurt. That’s where our team comes in. We’ll help you gather the right evidence and build a strong claim.
Help Getting an Accident Report from the Forsyth County Sheriff’s Dept
What Kinds of Car Accidents Happen in Cumming?
One of the most difficult parts about car accidents in Cumming is that they can happen anywhere, whether you’re driving on Highway 20, Market Place Boulevard, or near Sawnee Mountain Park. What’s more, they can happen when you can least afford it, and there’s no way to really avoid them. At the same time, it’s important to understand what the most common kinds of car accident there are so you can at least be prepared if you are in one:
- Rear-end collisions
- T-bone or side-impact crashes
- Head-on collisions
- Single-vehicle accidents (as a driver or passenger)
- Multi-vehicle pileups
- Sideswipes
- Parking lot accidents
No matter what kind of accident you’ve been in, you have options for getting the financial support you’re going to need to get better. But acting quickly is crucial to protecting your rights. That’s when you can turn to our team for guidance and support.
Frequently Asked Questions
Do I still have legal options if I’m a passenger?
Yes. You have the same legal rights if you’re hurt as a passenger as you would if you were driving. This means you can file a claim against whoever caused the accident–even if it’s the person that was driving you.
How long do I have to file my claim after my car accident?
You have two years from the date of the accident to file.
Can I still file a claim if the other driver doesn’t own the car?
Yes. The owner of the vehicle, along with the driver (who isn’t the owner), are usually going to be responsible when there’s a car accident. This means you can file a claim against both.
Contact Weaver Law Injury Attorneys After a Car Accident in Cumming
While they’re incredibly common, a car accident is still very frustrating and challenging. At Weaver Law Injury Attorneys, our Cumming car accident lawyers are here to support you through the claims process, making sure you have the strongest case possible. If you or someone you care about has been hurt in a car accident, contact us today for a free consultation to talk about your options.
