When you are looking for a professional car accident lawyer, know that you can trust Cain Injury Law. Cain is an aggressive trial lawyer who prepares each case with diligence versus a lawyer that just settles cases. There is nothing wrong with settling a case, but when you need a fighter in your corner, you want to make sure you have the right one. Clayton Cain is the fighter you need when just settling will not work. The team can empathize with the hardships that follow a vehicle collision. Many times, legal professionals have seen the damage, injuries, and strain a car crash causes. Victims face a myriad of emotional, physical, and financial burdens during recovery. It can be difficult to know where to start when trying to recover some compensation for losses.
Cain Injury Law serves all of Gwinnett County, GA. If you’ve been in a car wreck in Snellville, Grayson, Dacula, Buford, Duluth, Norcross, or the surrounding area, they may be able to help with your case.
Roads in Georgia can be dangerous and seem to be growing more treacherous every year by the year. The Georgia Governor’s Office of Highway Safety reports that, in 2014, the Gwinnett County alone saw 36,094 crashes, resulting in 11081 injuries and 55 fatalities. This was an increase from the previous year. In fact, the data seems to indicate a steady increase in traffic accidents in the county since 2010. It seems more important now than ever to have an experienced car wreck lawyer on your side.
When it comes to vehicle collisions, a lawyer can help with both insurance claims and civil lawsuits. Georgia has very specific rules and regulations when it comes to insurance claims. State law requires drivers in Georgia to carry car insurance with at least $25,000 of bodily injury coverage. Because Georgia is a “fault” state, the responsible parties insurance bears the burden of compensation. If you or a loved one has been seriously injured in a crash, you already have enough worries and concerns. A dedicated accident lawyer can help make sure you are getting all the benefits to which you are entitled.
Specifically, car accident lawyers can help construct your claim through the collection of case-specific data. The team at Cain Injury Law can gather official police reports from the scene of the accident and medical reports of any injuries suffered. They use witnesses testimonies and photos to reconstruct the scene. They also speak to the insurance company on your behalf. Through this process, they collect and organize the evidence needed to present your case and prove fault.
There is no cookie-cutter answer to how much money you are entitled to, following an accident. Each accident is different. Thus, each case is different. Injuries sustained following a vehicle collision might include things such as whiplash, joint injury, burns, loss of limb, paralysis, spinal cord injury, or even death. Medical costs depend on the extent of such injuries. Negotiations with the insurance company will center around the amount of property damage and bodily harm. All of this requires an experienced hand to determine the total cost of damages each individual is able to claim and whether that compensation will come through insurance or litigation. If you or a loved one have suffered any degree of injuries, contact car accident lawyers to review your case and determine your compensation. The three major types of damages awarded in car accident cases are compensatory, noneconomic, and punitive.
Compensatory damages are the monetary compensation that attempts to recover a victim’s economic losses. This can include medical costs such as ambulance costs, emergency room visits, hospital bills, and any future medical care or assistive devices. If you can prove the injured person will require continued medical care, estimated future costs can also be covered. Victims of a car wreck might also suffer lost wages as a result. Lost wages are the amount of money lost due to the injury. Similarly, the injured person can claim lost earning capacity, meaning the injuries prevent you from working in the future. An experienced car accident lawyer knows how to calculate the right about of compensatory damages for individual cases.
Non-economic damages are much more difficult to quantify than compensatory. These sorts of damages include things such as pain and suffering. The extent and nature of injuries expected recovery time, and burdens placed on your family all play a factor in determining pain and suffering. Another noneconomic damage is mental anguish. A devastating accident can incite mental trauma leading to things such as grief, fear, and anxiety. Damages for loss of consortium might be awarded for a surviving spouse to compensate for diminished services, assistance, aid, and companionship. Parents who have lost a child in a car wreck may be entitled to compensation for loss of love, affection, and companionship. Likewise, compensation might be available for minors who have lost a parent in a wrongful death.
Punitive damages are monetary compensation that the at-fault party has to pay as a punishment for particularly egregious or malicious behavior. This type of compensation goes beyond what is due to the victim for compensatory damages. Punitive damages intend to punish the at-fault party and discourage this type of behavior in the future. Under Georgia law, these types of damages are only awarded when there is compelling evidence of willful misconduct, fraud, malice, oppression, wanton behavior, or conscious indifference. A practiced car accident lawyer may be able to determine if the case warrants punitive damages.
In 2010, the Georgia Supreme Court came to a decision which determined that an upper limit on compensatory damages violated the state constitution. Therefore, Georgia has barely limitations on the total amount of compensatory damages one can claim in a car accident case. This no-limit rule includes things like property damage, medical costs, and pain and suffering. However, there is a cap on punitive damages. Payouts designed to punish the at-fault party are limited to $250,000.
As with every other state, Georgia has enacted a strict statute of limitations when it comes to filing civil suits. Different types of harm have different deadlines. You can claim a personal injury lawsuit within two years of the accident, and you can file for property damage up to four years following the accident. These timelines only apply to car accident lawsuits, not insurance claims. That being said, you should start the insurance processes as soon as possible to allow time to follow up with civil charges if needed.
Because Georgia is a “fault” state in regards to insurance claims, the at-fault driver and their insurance company are liable for property damage and personal injuries from a crash. The insurance company is the first place an experienced car accident lawyer will look when it comes to recovering economic damages.
The success of your insurance claim is based on the strength of the evidence backing it. This likely depends on the ability of your car accident lawyer to gather, evaluate, and present the evidence surrounding your case. To seek compensation, the lawyer may first approach the insurance company and try to recuperate costs for property damage and bodily harm. The insurance company conducts their own investigation as well. Giving your car accident lawyer as much information as you can strengthen your chance of success. Eliciting the compensation you deserve from the insurance company can be very difficult. In some cases, when the attorney and insurance company cannot reach an agreement, the case may go to trial.
Sometimes, when filing a lawsuit or insurance claim, the other party or their insurance company might say you were actually the one at-fault for the accident. Georgia law implements a modified comparative fault rule in determining such cases. The law may reduce or eliminate some of the damages based on the percentage of fault each party bears. The experienced team at Cain Injury Law may be able to argue your case in attempts to prove you were not at fault. This can help with insurance claims and lawsuits alike.
When the need arises, a legal rep can file civil suits for compensation to recover additional damages not covered by insurance payouts. Such civil lawsuits fall under the categories of negligence, manufacturer liability, road design, and wrongful death.
When it comes to vehicle collisions, negligence occurs when someone fails to exercise a reasonable amount of caution while driving. This is the most common type of claim when it comes to car wrecks that harm others. Your car accident lawyer will conduct a preliminary investigation to identify who is legally liable for causing the accident. It is our job to prove that the defendant failed to exercise a reasonable standard of care and it was this negligence that led directly to the accident. Such cases include driving while intoxicated and reckless drivers.
The vehicle manufacturer might be found legally responsible if one of the vehicles has a malfunction or defect that led, in part or in whole, to the crash. This happens when the car has a faulty design, a manufacturing issue, or improper labeling. In these cases, the manufacturer could be held liable for the accident. In order to win your case, your car accident lawyer has to provide evidence that you were not the one at fault and that it truly was a manufacturer defect that caused the accident. Expert testimony witnesses may get called in to analyze the evidence. Successful manufacturer liability suits show that a defect made the car unreasonably dangerous, the driver was operating the vehicle as intended, and the vehicle’s performance had not changed since initial purchase. Such suits often include cases of malfunctions of the engine, accelerator, breaks, seatbelt, or airbags.
In some cases, faulty design, construction or road maintenance may contribute to wrecks. As a safety precaution, the outer edges of sharply curving roads should be set at an incline. These embankments manage traffic so that vehicles do not drive off the road. The causeway can be dangerous if too steep or not elevated in the right way. If structures such as barriers, guard rails, and medians are misdesigned, driver safety is at stake. Proper placement of signs and traffic lights are impressive for safety on the road. If any of these things are managed wrongly and result in an accident, you may be entitled to compensation for damages caused by bad road design.
Losing a loved one in a car accident is painful and traumatic. You may have legal recourse to claim damages through a wrongful death lawsuit. In such cases, the family of the victim must prove that their loved one died at the fault of another person’s negligence. Compensatory, non-economic, and punitive damages may all be available here. Skilled car accident lawyers can help you through this harrowing and devastating time.
Cain Injury Law handles a range of different car wrecks, including multiple party accidents, drunk driving, reckless driving, rear-end collisions, side-impact collisions, rollovers, and head-on collisions. Our car accident lawyers serve all of Gwinnett County, GA, including Snellville, Grayson, Dacula, Buford, Duluth, and Norcross. If you have suffered a car wreck in these areas, and you are unsure how to proceed, contact the law firm for a free consultation with one of the dedicated legal professionals to discuss the next steps of your injury claim.