The city of Milton’s motto is “Named best quality of life in Georgia.” But even in a picturesque city like Milton, your quality of life can decrease rapidly if a negligent driver injures you.
Expensive medical treatment, lost income, chronic pain, a lengthy recovery time, and even permanent injuries can all pose serious challenges. But when you seek restitution from the at-fault driver’s insurance company, they may be unmotivated to provide you with a fair settlement.
When Should You Consult a Milton Car Accident Attorney?
We recommend seeking legal help as soon as possible following your accident. The other driver’s insurance company will start looking for ways to avoid paying your claim as soon as they learn of the collision.
They may attempt to pin the fault on you, at least partially. If that doesn’t work, the insurance adjuster could offer you a settlement that undervalues your damages.
An experienced car accident attorney will also go to work immediately to build a strong case to show the other driver was at fault. We’ll also ensure a proper valuation of your damages so you can receive the settlement you deserve.
If you or a loved one have been injured in a car accident, please contact the CEO Lawyer Personal Injury Law Firm for a free consultation. We’ll walk you through the process of filing a claim, answer your questions, explain the options, or review a settlement offer you’ve already received.
Why Does the Insurance Company Think the Accident Was My Fault?
Clients frequently ask us this question. The simple answer is that it’s in the insurance company’s best interests to suggest you have at least some fault.
Even if the other driver admits fault, you can still be partially responsible under Georgia’s modified comparative negligence laws, allowing the insurance company to reduce your payment.
How Does Modified Comparative Negligence Work?
In Georgia, two or more parties to an accident or injury can share fault. In car accidents, it’s common for both drivers to make mistakes that contribute to the eventual collision. Here is an example:
Let’s say you forget you need to take a different exit today and notice it just as you’re about to go past. So, you brake quickly and flip on your turning signal while moving toward the exit.
The car behind you rear-ends your vehicle. Who is at fault?
Usually, rear-end accidents are the rear driver’s fault for following too closely, and it’s true that the driver behind you could have maintained a wider following distance. But you hit the brakes suddenly when you could have planned better and given the driver behind you more notice.
In this situation, it’s possible you both contributed to the accident through negligent actions.
Whose Insurance Company Should Pay for the Accident?
Under Georgia law, the driver who is more responsible is considered to be at fault, and their liability insurance is expected to pay for the other motorist’s damages. The injured party can collect damages so long as they are less than 50 percent responsible, but whatever percentage of fault they have is deducted from their settlement.
So, if the insurance adjuster decides you are 40 percent at fault and you have $10,000 in damages, they only have to pay you $6,000.
But were you 40 percent at fault? This depends on a number of factors, including how suddenly you braked and how closely the other driver was following you.
While the adjuster should decide your percentage of fault based on these facts, there is still room for subjectivity. Sometimes, the adjuster might believe your contributions to the crash were more significant than they were.
The reality is that many injured people never question the insurance company’s decision. Some might worry that if they complain to the insurance carrier, they could lose the damages they managed to recover.
They’re not wrong—calling the insurance company can be a risky proposition, especially if you think you have any degree of fault. Even if you only call to tell them you weren’t responsible, the phone call can end badly.
These calls are usually recorded, and the insurance adjuster will consider every word you say, possibly misconstruing your message to mean that you were even more at fault.
But that doesn’t mean you have to accept the insurance company’s assessment of your share of responsibility. Instead, we encourage you to consult an experienced car accident attorney.
We’ll investigate the accident, working to determine how fast both cars were going and the rear driver’s following distance. It may turn out that the rear driver was going much too fast and was much too close to your vehicle, and 80 or 85 percent would be a more realistic estimate of their contributions.
(We use the rear-end accident as an example, but shared fault can apply in any car accident.)
How Much Is My Claim Worth?
People often want to know how much they should receive from the insurance company, and this is a crucial question to ask. Too many people simply accept the first offer from the insurance company, which is frequently lower than it should be.
Settlements can vary widely depending on numerous factors, ranging from a few thousand dollars to six or seven figures. We can’t tell you how much yours should be without understanding the details of your case, so the next best step is to schedule a free consultation with us.
We can then help you calculate the combined value of your damages so you have an approximate idea of what your settlement should be.
If the insurance company’s offer is in the neighborhood of this figure, you may decide it’s close enough and accept it. However, if the offer is significantly smaller than it should be, we can negotiate with the insurance carrier for a more reasonable deal.
How Long Does It Take to Settle a Car Accident Claim?
This answer can also vary widely depending on many of the same factors that affect the value of your claim. On average, cases often settle in about a year, but the timeline could be much longer or shorter for some clients.
Here are the relevant factors to consider:
- How severe was the accident? The more serious your injuries are, the more damage you will be able to claim. These damages include losses like medical bills, missed income, out-of-pocket costs related to the injuries or your treatment, and pain and suffering. So, if you were severely injured, you would likely have more damages, your claim would be worth more, and the insurance company would devote more time to reviewing it and looking for reasons to either reject the claim or reduce your settlement. Subsequently, we would also spend more time negotiating for sufficient compensation.
- How cooperative is the insurance company? Sometimes, the insurance company takes its time on every request, even if the claim isn’t particularly large. We always follow up in these situations and do our best to keep things on track, but even so, the insurance adjuster’s willingness to cooperate (or lack thereof) can impact how long it takes to complete the claim.
- Is the insurance company disputing fault? As we discussed earlier, disagreements about fault can often be overcome. We’ll work to compile evidence, build a strong case, and let the insurance company know that you had no or very little fault. However, this process takes longer than when the insurance adjuster simply accepts their client was entirely at fault.
- Do we have to argue any parts of your case in court? First, it’s essential to understand that most car accident cases are ultimately settled out of court. However, we may file a lawsuit to begin the process and secure access to certain types of evidence. As a result, we often have to argue pre-trial motions in court, request evidence, etc. If the court is particularly busy, we might wait weeks or months to argue a motion. In the unlikely event that we can’t reach a fair resolution with the insurance company and we do go to trial, it could take two years or more to complete your case.
What if You Have Creditors Hounding You About Accident-Related Bills Right Now?
We will always try to settle your claim as quickly as possible, but for all the above reasons, it can still take months to finish the process. In the meantime, however, we may be able to help you deal with creditors.
In many cases, the medical office’s administrators will stop bothering you if they know your bills will be paid out of a pending settlement. If not, we will try to work out a deal for you to pay a manageable amount each month until your claim is settled.
What Happens if You Suffer Catastrophic Injures or a Permanent Disability From Your Car Accident?
Unfortunately, a severe accident can result in injuries that have a permanent effect on your life—head trauma or traumatic brain injury (TBI), spinal cord injuries, and limb amputations are all common causes of permanent disability associated with traffic collisions. In addition to your other damages, such as current medical bills and lost income, we will also consider your future losses:
- Suppose you are no longer able to work due to your disability, or you can only perform a lower-paying job than the one you had previously. In that case, we will carefully calculate your lost earning potential. We’ll estimate how much longer you would likely have worked before retirement, the possibility of raises/promotions/cost of living increases, and other factors that affect how much you might have lost.
- With many severe injuries, the injured person will require longstanding care. This includes both medical and non-medical assistance in some cases. For instance, you might need frequent doctor’s appointments, physical therapy, medication, or other treatments to manage your pain or symptoms. Additionally, you could require a nurse or other medical professional to perform in-home care, such as operating medical equipment and monitoring your condition.
- Amputees often receive a prosthetic limb, and many are surprised to learn that this mobility device doesn’t last forever. They usually need to be replaced every 3-5 years and can cost tens of thousands of dollars, depending on the type of prosthetic. More advanced models that provide better functionality can be even more costly.
- Other mobility aids, like wheelchairs or walkers, also wear out and require replacement over time.
- Finally, you may need paid help with tasks you can no longer do alone, such as cooking, cleaning, or childcare.
As you can see, there are multiple ongoing costs associated with permanent injuries. The insurance company frequently downplays or ignores these costs, and it can be difficult for the layperson to know how much their future expenses will be.
Fortunately, your car accident attorney has the knowledge and skills to calculate these future costs and seek an appropriate settlement.
The other concern with permanent injuries is that these expenses drive up the total value of your claim, and insurance policies have limits. In some cases, your losses may exceed the at-fault driver’s policy limit, leaving you with considerable unpaid damages.
When this happens, your attorney will explore other options to recover compensation, including suing the driver directly, suing a third party, and collecting from your own insurance policy (if you have the right type of coverage).
Where Can You Get Help From a Milton Car Accident Law Firm?
The CEO Lawyer Personal Injury Law Firm is always available for a free consultation about your car accident. If there’s a way to recover your damages, we’ll find it, and you never have to worry about upfront costs.
When we take your case, we won’t charge you anything until we win or settle it.
Attorney Ali Awad founded the CEO Lawyer Personal Injury Law Firm, which is now one of the fastest-growing law firms in the country. Dedicated to helping injured people and their families, Mr. Awad and his team have recovered millions of dollars in compensation.
In his spare time, he posts educational yet entertaining videos about legal topics for more than a million followers on social media. You can work with him and his team when you call (470) 323-8779.
