Epps & Pilgrim has significant experience in handling personal injury and wrongful death cases resulting from medical malpractice, car accidents, motorcycle accidents, pedestrian accidents, semi-truck accidents and public transportation incidents. Few, if any, firms offer lawyers who have worked these case as the on-scence investigator all the way through to the lawyer dealing with the litigation. Most lawyers do not understand what a person or family has been through from personal experience. Our Attorneys do understand and are ready to help you manage all the issues assocaited with a serious injury or death at the hands of a negligent party.
MOTOR VEHICLE ACCIDENTS-AN OVERVIEW
Regardless of where in Georgia an accident occurs, we are prepared to handle any litigation starting with pre-suit investigations, settlement negotiations, alternative dispute resolution options and litigation.
Cases arising out of automobile accidents are by far the most common type of personal injury case in our court system today. This is not surprising, given that every 10 seconds someone in the United States is involved in a car accident, according to the National Highway Traffic Safety Administration (NHTSA).
Except in those states where “no-fault” legislation has been passed, these cases are typically governed by the law of negligence. Generally people who operate automobiles must exercise “reasonable care under the circumstances.”
A failure to use reasonable care is considered negligence. A person who negligently operates a vehicle may be required to pay for harm to a person or property, caused by his or her negligence. The injured party, known as the plaintiff, is required to prove that the defendant was:
- negligent;
- that the negligence caused the accident;
- that the accident caused the plaintiff’s injuries.
If you have been involved in a motor vehicle accident, do not hesitate to seek legal counsel from a personal injury attorney experienced in automobile accident cases in order to best protect your interests.
INJURIES AND COMPENSATION
Generally, an individual injured in an automobile accident may bring a claim or lawsuit to recover the actual expenses associated with property damage and medical costs, economic damages, and emotional and physical pain and suffering.
Litigation involving motor vehicle accidents can be extremely complicated.Retaining an experienced lawyer familiar with motor vehicle accident damages will place you in the best position to receive the recovery that you deserve.
FREQUENTLY ASKED QUESTIONS
Q: Can I recover even if the accident was my fault?
A: Whether you can recover, if the accident was your fault depends on the laws of your state. Some states do not consider fault. Georgia is a “comparative negligence” state; a state that considers fault but allows recovery for your injuries, even if the accident was partially your fault. However, in that case, you may be required to prove that the other party’s fault was greater than yours, or to reduce the amount of your compensation by your percentage of fault.
Q: Who can I sue to recover damages?
A: In some cases, an accident victim may be able to sue parties other than the at-fault driver. For example, if the at-fault driver did not own the car, the car’s owner may also be liable for your damages.If the at-fault driver was impaired from consuming too much alcohol, you may be able to bring a “dram shop” complaint against a business that served alcohol to the driver even though he was visibly impaired. In some cases you may be able to bring an action against another party, such as an automobile manufacturer or construction company, if a defect in the vehicle or the roadway caused the accident. If the accident involved a tractor-trailer, the driver’s violation of rules and regulations may be the basis for a lawsuit against the driver or his or her employer.
Q: What is my case worth?
A: The value of a case depends on a variety of factors and cannot be determined without analyzing information regarding the injury, medical bills, loss of income, and permanency of the injury. There is no bright line rule for valuation of personal injury cases and each set of facts results in a different amount of damages.
Q: Will I have to go to Court?
A: Not necessarily. Many motor vehicle accident cases are concluded without even filing a lawsuit. Most lawsuits are settled without an actual trial. A settlement avoids the cost and delay of trial and may result in a greater net recovery. However, if the case cannot be settled on satisfactory terms, it may be necessary to go to trial.
Q: Where will the money come from to compensate me?
A: The at-fault party’s insurance typically pays for your damages in many states. If the at-fault party is not adequately insured, your own insurance policy may include coverage that will compensate you for your injuries.
Q: How long will it take me to receive my money?
A: The length of time necessary to conclude your automobile accident injury depends upon a number of factors. For example, if you suffer a serious injury, you will not want to settle your claim until you have received sufficient medical care so that either your physician has released you or your future medical expenses related to the accident can be determined with reasonable certainty. Therefore, the amount of time you need to heal may determine the length of time necessary to conclude your claim. The amount of time before you recover also depends on whether your case is settled or goes to trial.
Q: What should I do if I cannot afford an attorney?
A: Many law firms, such as ours, will agree to pursue a personal injury claim for a contingency fee, which means that the law firm collects its fee from the proceeds recovered from the claim. If no amount is recovered, then the firm receives no fee, but the client is typically responsible for actual expenses, such as court filing fees or witness fees, whether he or she wins or loses.
Q: Do I have to see a doctor?
A: If you are injured in an automobile accident, you should seek medical attention.Whether or not you have a claim, you should be examined by a doctor, both for your peace of mind and to document the injury to support your claim.
Frequently, an automobile accident injury will not be immediately apparent. Whenever symptoms first appear, go to your family doctor, a hospital emergency room, or another medical professional to obtain medical help.
Q: How soon must I bring my claim?
A: A claim for personal injury must be made in Georgia within two (2) years from the date of the accident.
Q: Should I accept a check from the at-fault driver or his or her insurance company?
A: Accepting a check may be construed as a settlement that prohibits you from obtaining any additional amounts from the at-fault driver or his or her insurance company. Therefore, you should not accept a check or sign a release from the at-fault driver or his or her insurance company, until after you have conferred with an attorney.
