Negligence can happen in many different ways. A negligent driver may cause an accident by speeding or running a red light. A negligent company may fail to ensure that its products are safe to use and don’t harm its customers. A negligent business might fail to keep its property safe for customers to use. No matter how negligence occurs, it can lead to pain and suffering for you if you’re hurt. If this happens, you need the assistance of an experienced Atlanta negligence lawyer.
Ali Awad, The CEO Lawyer, has the skills and knowledge to seek the compensation you need during these challenging times in your life. Filing an injury claim is not something anyone wants to deal with, but when it happens, you want someone smart and focused on the numbers on your side.
If you or a loved one has been hurt due to another’s negligence, call the CEO Lawyer Personal Injury Law Firm team today. The CEO Lawyer and his injury and accident attorney team work on a contingency basis, so they don’t get paid unless you do. You have nothing to lose by calling (404) 777-8800 or contacting us online to discuss your options.
Successful Atlanta Negligence Attorneys Ready to Prove Your Case
First, it’s essential to understand that not all personal injury claims end with a court case – most do not. Our goal is always to try to settle with the insurance company or the other party if we can do so and still get you a fair amount of compensation. And in fact, the other party often wants to settle as well. Court cases can be lengthy, time-consuming, stressful, and expensive for everyone involved. If we can come to a fair agreement with the other party, you will likely receive compensation much faster.
However, reaching an agreement with the other party is not always possible. Sometimes they just won’t agree on an appropriate amount of compensation for your injuries. Other times they may claim they shouldn’t pay anything because they aren’t responsible – this often coincides with blaming you for your injuries. Insurance companies in particular often use this tactic. You may need to go to court to demonstrate negligence if this happens. Your Atlanta negligence attorney will work to do this by presenting evidence, taking testimony from witnesses, refuting claims that you were at fault, etc.
There are four things your Atlanta personal injury lawyer will need to establish to prove negligence. These are important whether or not you go to court – if you have a strong case, the other party is more likely to want to negotiate and settle.
- Duty of care. Essentially, you’ll need to establish that the other party had an obligation to do something, a “duty of care.” Another driver on the road has a duty of care to drive safely to not endanger themselves or others. So you can argue that they had a duty of care not to endanger you while you were driving down the road. But drivers aren’t the only ones with a duty of care. The other driver’s insurance company also owes a duty of care to anyone injured if one of their customers causes an accident. In this case, their duty is to pay for your medical expenses, car repairs, pain and suffering, and other associated damages.
- Breach of duty. Once your attorney has established that one or more other parties had a duty of care to you, they will need to show this person or entity failed in that duty. For example, the other driver failed in their duty of care by driving recklessly and causing an accident in which you were hurt. If the insurance company refuses to pay your claims, they have failed in their duty.
- Causation. For this, your lawyer will need to show that the breach of duty led to you being injured and suffering damages, such as medical bills and lost wages. Georgia law recognizes two types of causation – Cause In Fact and Proximate Cause. With Cause In Fact, your lawyer will probably argue that you would not have been injured but for the defendant’s actions (driving drunk, failing to keep the premises safe, etc.). With Proximate Cause, the defendant is responsible only for harms they might have foreseen due to their actions. For example, a speeding driver should know that fast driving could cause an accident and raise the risk of injuries.
- Damages. Finally, your attorney will need to show that you suffered damages as the result of the injury. You can typically present the following as damages: Medical bills, both existing and future ones; losing income from having to take off work for your injuries and losing wages, commissions, and so on; reduced earning potential for the future if you’re permanently unable to work as you used to; property damage (usually damage to a vehicle in an accident); pain and suffering; mental anguish over the accident; scarring or another permanent disfigurement; and wrongful death if a loved one died as the result of someone’s negligence.
Naturally, the other party will try to refute your claims on some or all of these points. Under Georgia’s comparative negligence laws, they may try to claim that your own actions, not their breach of duty, caused your injuries. These statutes allow an insurance company or other party to avoid paying any damages if the court finds that the plaintiff (in this case, you) was also negligent and at fault by more than 49 percent. You can still collect damages if you are at fault by a lesser amount, such as 20 percent. However, the amount will be reduced by the amount you are found to be at fault, in this case, 20 percent. So, either way, it serves the other party’s interest to claim that you were negligent. Fortunately, your Atlanta attorney for negligence is familiar with these tactics and will have a plan to deal with them.
Should I Talk To The Insurance Company About My Claim?
Not without speaking to an attorney first. Because insurance adjusters frequently try to avoid paying claims by shifting the blame to the victim, a conversation with them is always risky. Even if you don’t think you’re saying anything problematic, the adjuster may twist your words to imply something that isn’t remotely true. If your attorney believes you have a strong case, they can speak with the insurance company on your behalf.
Another reason to avoid talking to the insurance company is that they may make you an offer. That sounds good! You want a settlement, right? Of course, you do. But the first offer they make is likely to be much too low. Their job is to save the company money, not take care of you. If they don’t see an easy path to blaming you, they may just try to convince you to take less than you deserve.
Remember that it’s tough for most people to know how much their claim is worth. At most, you have your current medical bills and an estimate for your car repairs. But that doesn’t include your current and future pain and suffering. Nor does it cover any future medical costs. What if you need continued treatment? What if the surgery wasn’t successful and you remain in pain months from now? What if you end up with a permanent disability and can’t work anymore? These are just a few of the reasons your insurance company offer may not cover everything.
Fortunately, your Atlanta negligence attorney has spent a lot of time thinking about these issues. They will accurately estimate what your case is worth and work to ensure you get it.
What If I’ve Hit the Limit of the Insurance Policy?
This is a potential problem. Georgia law only requires drivers to carry $25,000 in liability insurance. Considering how expensive medical care alone can be, it’s easy to quickly use up the whole policy. So if you have much higher expenses, you could be in trouble.
Fortunately, your attorney may be able to think of other sources of compensation. For one thing, you could sue the other person or entity directly. If you’re successful, they will be liable for everything their insurance carrier doesn’t pay. In some cases, you may also be able to make a claim with your own insurance if you bought an uninsured/underinsured motorist policy. Depending on the situation, you may also be able to sue other third parties you hadn’t thought of before. For example, if a defective car part contributed to a car accident, you might make a claim against the manufacturer.
Contact Our Experienced Atlanta Negligence Law Firm
For all of these reasons, you must contact an Atlanta negligence lawyer right away if you’ve suffered injuries due to negligence. They will advise you on the most effective way to move forward with seeking compensation.
Followed by millions on social media, attorney Ali Awad knows how to negotiate with insurance companies, and he knows the elements to focus on to get significant results. Few people have the legal skills to go after their claim aggressively, but with The CEO Lawyer on their side, you can take on big insurance companies or negligent parties. Contact us online or call us at (404) 777-8800 to begin your case.
