Dekalb County is part of the busy Atlanta Metro area and home to the state’s most visited tourist site, Stone Mountain, so it’s no surprise the county faces high traffic levels and frequent car accidents. Some of these are minor fender-benders, but others cause serious injury to one or more people. 
If you’ve been hurt in a car accident, a Dekalb County personal injury lawyer can help you deal with multiple problems—medical bills, lack of income from missing work, pain and discomfort from your injuries, car repair bills, and more. The at-fault driver’s insurance company should compensate you for these damages, but the unfortunate reality is that insurance adjusters are primarily concerned with saving the insurance company money.
It’s easy for them to reject your claim for weak or unfounded reasons or agree to pay far less than your claim is worth.
A Dekalb County Car Accident Attorney Can Help
You shouldn’t have to struggle with medical bills and reduced income when another driver’s negligence is to blame for your injuries. A car accident attorney will fight for your right to fair compensation, taking on the insurance company and working to secure the total value of your claim.
We will help with the following common challenges of car accident claims:
- Claim denials. There are multiple reasons why a car accident claim may be denied. It’s helpful to remember that an insurance adjuster will always look for a reason to deny your claim. Your lawyer will help you avoid ambiguity by compiling evidence and constructing a solid case that will be harder for the insurance adjuster to challenge. But if they still deny your claim, we’ll negotiate with the insurance company and, if necessary, take them to court. (In most cases, this is unnecessary, as we can usually negotiate a fair resolution.)
- Blaming you. This is one of the primary reasons that an insurance company might deny your claim, but suggesting you contributed to the accident can also be used as a method to reduce your payout. Georgia’s modified comparative negligence statutes allow for the application of shared fault in a personal injury case like a car accident. As long as you were less than 50 percent responsible for the accident, you can still recover damages, but you will lose your own percentage of fault from the settlement. For this reason, the insurance company could blame you even if they know they can’t prove the accident was entirely your fault. If they argue that you were partly to blame, they can justify paying less than your claim is worth. We will work to show that you had no, or very little responsibility, to preserve all or most of your settlement.
- Undervaluing your claim. Sometimes, all the evidence points to the other driver being at fault, and even the insurance adjuster has to admit you didn’t do anything wrong. But they have other options. One frequent solution is to extend you an offer that may seem generous but doesn’t cover all your damages. We always counsel clients to be cautious about an insurance company’s initial offer—usually a lowball one. Before accepting any offer, please speak with a car accident lawyer. We’ll start by discussing your damages and correctly valuing your claim to know if the offer falls short. If so, we can negotiate with the insurance company to recover all your damages, not just some of them.
What Damages Are Available in a Car Accident Case?
Damages are what we call the losses you suffer in an accident. They can be economic (something you receive a bill or pay a specific amount of money for) or non-economic (we will have to assign a monetary value).
Here are some of the categories we will discuss to ensure we’ve accounted for all your damages:
- Medical bills. Healthcare costs have risen in recent years, with national health expenditures growing to around $12,914 per person in 2021. Out-of-pocket spending for patients also grew more than 10 percent. Unfortunately, a car accident often leads to an increase in your personal spending on healthcare, especially if you suffer severe injuries that require weeks or months of treatment. Even a “simple” fractured bone requires X-rays, sometimes other imaging like a CT scan, cast setting, follow-up appointments, and often physical therapy to regain full use of a limb. Typical insurance policies cover some of your medical bills but usually require a copay or deductible, leaving you with bills for injuries that are not your fault. We’ll work to get all your current and future medical bills associated with your accident covered by the insurance company.
- Lost income. This is another common problem that often overlaps with high medical costs. If you receive significant injuries in the collision, you may be out of work for an extended period of time. The simple broken bone we talked about in our last example could put you out of work for a minimum of six weeks; a more complex fracture might keep you at home for six months or more. Most people have limited paid time off, which is quickly expended after an accident, then they have to take unpaid leave. You deserve compensation for both paid and unpaid time off work.
- Reduced earning potential. If your accident causes a permanent disability or chronic condition, your ability to do the same job or to work the same hours may be decreased. In the most severe cases, patients cannot work, while others may be forced to take a less demanding but lower-paying position. You have a right to seek damages for this loss of earning potential.
- Permanent disability or disfigurement. With or without an effect on earning potential, any significant disability or disfigurement can reduce your quality of life.
- Pain and suffering. People often assume this means physical pain, and it can, but it could also include mental or emotional pain caused by your accident. Car collisions are often traumatic, and many people experience anxiety, depression, anxiety, PTSD, or other mental health effects following their accident.
- Property damage. If your medical bills and lost income didn’t cause enough financial strain, you may have a high estimate for car repairs, or in more severe cases, your vehicle could be totaled. We will work to ensure the insurance company pays the total value of your repairs or replacement, including, in some cases, depreciation or diminished value of the car.
- Wrongful death. In the worst car accident cases, one or more people lose their lives, leaving their loved ones devastated. While grieving, family members may also have to grapple with financial difficulties like funeral costs, final medical bills, and a sudden loss of income or financial support from the decedent. While a lawsuit can’t make up for the loss of your relative, we can help recover your damages so you can support your family members and carry out your loved one’s wishes in the future.
What Should You Do if You Think You Were at Fault?
We’ve met many people who incorrectly thought they were at fault in a car accident; it’s challenging to determine fault when you only have one perspective on an accident—you may not know all the facts. If you think you made a mistake that caused the crash, please speak to an attorney immediately.
Even if you did make an error, you may only have a small percentage of fault. Earlier, we discussed modified comparative negligence statutes and how fault is apportioned.
If you don’t have a lawyer, the two insurance companies — yours and the other drivers’— will come to an agreement about how fault is divided. Your insurance company will probably defend your actions to the extent it affects their bottom line.
They may agree to a higher percentage of fault on your end if it’s below 50 percent because they won’t have to pay anything. However, you could lose more of your settlement than necessary.
A car accident lawyer will study the police report, investigate further if necessary, and build a strategy to show that your contributions to the accident were minor so you can receive a fair settlement.
What Happens if an Uninsured Driver Causes Your Accident?
The best solution in this situation is your own uninsured/underinsured motorist coverage (UM/UI). Although we will explore every option to help you secure compensation, there are many situations where UM/UI is the only viable path to recovering a client’s damages.
UM/UI is not required in Georgia, but we strongly urge you to invest in this valuable coverage.
Can’t I Sue the Uninsured Driver?
Yes, you can, and if there is a reasonable amount of evidence they were at fault, we’ll probably win your case. That doesn’t mean you can collect your settlement, however.
If the uninsured driver has few to no assets we can seize, it may be difficult or impossible to recover all or even most of your damages. If we believe the other driver can’t pay the judgment, we will advise the client against pursuing a lawsuit because it is not in their best interest.
Often, the uninsured driver will declare bankruptcy, the judgment will be discharged, and the injured person will receive nothing after going through the time and stress of a trial. This is why we recommend UM/UI coverage on your auto insurance.
What About a Third-Party Lawsuit?
You can sue a third party who contributed to the accident or your injuries in a few cases. For instance, if your seatbelt or airbag failed, worsening your injuries, you might have a claim against the manufacturer.
In some situations involving drunk drivers, you may be able to sue a restaurant or bar that overserved an already intoxicated person or served someone who was not of legal age. If a third-party claim is available in your case, your lawyer will explain the options for moving forward.
However, most car accident cases are resolved through the at-fault party’s insurance carrier or the injured person’s UM/UI coverage.
Is There a Limit to What Car Insurance Will Pay After An Accident?
Yes. Every car insurance policy has a limit.
The state of Georgia requires a minimum of $25,000 in bodily injury liability coverage per person ($50,000 per accident) and $25,000 for property damage liability, but you can buy more significant amounts. Buying UM/UI insurance starts at the minimum liability amount, and you can buy more coverage.
UM/UI also sometimes covers situations where the at-fault driver has insurance but not enough for your damages. For example, if you had $50,000 in damages related to your injuries, but the other driver only had the minimum coverage, you could only collect $25,000.
If you have a UM/UI policy for $25,000 that allows “stacking” policies, you could collect another $25,000 from your own insurance. However, “unstacked” policies only ensure that $X in coverage is available, and if the at-fault driver’s insurance meets that amount, you can’t collect any more from your own insurance.
If you’re unsure which kind of UM/UI policy you have, we can review the policy with you and explain your options.
Where Can You Get Help From a Dekalb County Car Accident Law Firm?
The CEO Lawyer Personal Injury Law Firm has successfully recovered millions of dollars in compensation for car accident victims and their families. If you have questions or concerns about your car accident, please contact us for a free consultation.
There is no obligation, and if we take your case, we never charge a fee until we win or settle it.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm and soon transformed it into one of the fastest-growing law firms in the country. He and his legal team have over twenty years of combined experience helping people who have suffered car accidents and other personal injury situations.
When he’s not arguing a case in court or negotiating with insurance companies, you can find Mr. Awad on social media delivering no-nonsense legal advice to more than a million followers. Contact The CEO Lawyer at (470) 323-8779.
