Articles Posted in Car Accidents

Car Accident Attorney Explains the use of Evidence in Vehicle Crashes in Atlanta, Georgia

After a car accident, you (along with an attorney), must prove two main elements in order to qualify for damages: the accident was the result of someone’s negligence and that you suffered injuries. Providing evidence of your physical injuries, as well as the damages (financial costs), are the most important pieces of evidence for any personal injury claim.

However, when you start mounting your case, you need evidence. Your car accident lawyer will help you gather the necessary evidence, but there are a few documents and items you can gather to help make the process easier.

A personal injury settlement lien is quite common today. Lawsuits of this nature could last months or even years; therefore, entities and individuals waiting for compensation from a personal injury settlement may place a lien to secure payment in the future. While you wait for your settlement to be completed, you may be presented with liens.

What Are Settlement Liens?

A settlement lien is one that is placed by the court on personal property to pay a debt to a third party. In regard to a personal injury settlement, the property is the settlement compensation (or a portion that the lien holder is eligible to receive). For that third party to receive payment in the lien, they must file a lawsuit against your settlement amount with the court.

After a serious injury, the first thing on your mind is the injury itself. However, if that injury occurs while you are shopping, it is important to consider the legal aspects of that injury, too. Depending on the extent of your injuries, you may be limited as to the actions you can take, but the more you do to preserve evidence, the better your chances are if you have to file a claim later.

When you are injured at a store, your last thought is suing that retailer. However, when the costs start to add up, such as medical bills, time away from work, pain, suffering, time away from loved ones, and more, you start to wonder what your options are.

Get Assistance While in the Store

Teenagers are a high-risk category when it comes to driving. That is why parents experience heightened insurance premiums the moment when they add their teen driver to the policy. Most states recognize the danger as well, which is why parents or guardians can be legally liable for damages caused by their teen drivers.

When a teen driver injures someone, the victim may wonder if he or she has a case against the parent through the legal doctrine of vicarious liability. In these cases, it is important to familiarize yourself with the process of holding a parent accountable for the child’s actions, but you must also speak with an attorney to explore your options and understand your rights.

Teen Drivers Do Not Receive Special Privileges

A vast amount of individuals are diagnosed with Attention Deficit Hyperactivity Disorder (ADHD), and it is a recognized medical condition. However, as with all medical conditions, there are limitations that sufferers of this condition experience, and it could impair their ability to drive safely. Therefore, those diagnosed, their parents, and those involved in accidents with people living with ADHD need to understand how this diagnosis plays a role in liability.

What is ADHD?

ADHD is a chronic condition that includes an inability to focus, hyperactive behavior, and impulsiveness. This genetic, brain-based syndrome creates an inability to regulate specific brain functions, including executive functioning skills. These essential skills include attention, memory, motivation, effort, concentration, learning from mistakes, social skills, organization, and impulsivity.

After an auto accident, it is required of the plaintiff to prove that the defendant caused the injuries and is responsible. The burden of proof is not on the defense. If you do not have sufficient evidence, insurance companies may reduce the settlement value or deny your claim altogether. If you go to trial, your case may be dismissed for a lack of evidence.

Witnesses are ideal when there is no physical proof, but also can help back up the physical evidence that you or your attorney have already collected for your case.

When You Have Witnesses

After an accident, you are most likely going to experience mild to severe back pain – all dependent on the severity of the incident itself. While it may seem cliché to complain that your back or neck hurts, there is a reason why it is a common car accident injury. Even accidents at slow speeds can be traumatic on the soft tissues of the body, and there is a lot of force behind a small collision.

If you are experiencing back pain after a motor vehicle accident, it is important to take these three steps. Not only will they help alleviate the pain (hopefully), but also allow you to seek compensation if you choose to do so.

What Steps Should I Take?

If you have been injured in a car accident, what you do next is important. You could have a claim for significant financial compensation, and if you make mistakes, you could jeopardize your legal rights. In fact, if you make certain mistakes (like waiting too long to file a claim), you could lose your rights entirely.

What Can an Experienced Car Accident Lawyer Do for You?

At this point, you may be wondering if it is time to hire a lawyer. You want to protect your rights, and you want to make sure that you are able to recover maximum financial compensation for your losses. But, can a lawyer really help?

You may have heard that the car behind you is always at-fault in a rear-end collision. While this is often the case, it is not 100 percent accurate. The circumstances of the accident will determine who was truly at-fault, and sometimes, the leading car can be considered the responsible party in a rear-end collision. If you or a loved one has been involved in an accident, it is important to speak with an attorney. An attorney can help establish liability, but also ensure that the other party does not try to hold you accountable for something that wasn’t your fault.

The Front Driver Could Be At-Fault

Georgia is not a no fault state; therefore, the driver responsible for the accident will be held at-fault for the damages caused. But, that doesn’t necessarily mean it is automatically the driver at the end of the accident. At times, the front driver could be at-fault. This is because that driver could have hit the brakes suddenly – not giving the following car enough time to stop. Generally, the rear driver should be following at a far enough distance to avoid a rear-end collision. However, at high speeds, if the leading driver stops suddenly, no distance will be adequate enough. Also, if the front driver has burned out brake lights, the following driver cannot tell that they are braking; thus, the leading driver would be at-fault for the incident, and not the following driver.

If you have been injured in a car accident, you will have plenty of questions. One of the most pressing being how much you will get from your settlement. The “how much” question is not the easiest to answer – even for the most experienced personal injury attorney. No one can give you an exact answer, and any attorney who suggests that he or she can is not being truthful.

While your attorney cannot provide you with an exact value to your claim, he or she can give you a better idea of the potential settlement value – and how much money that you would possibly walk away with if your case is successful.

The Settlement Formula