The aftermath of an accident is a chaotic time, especially if you or a loved one suffered serious injuries. Besides the physical trauma of the injuries and painful medical procedures, the strain of filing a car accident claim in a fault-based accident law state like Georgia adds to the distress. Understanding the essential steps involved in a car accident claim in Georgia helps an injury victim know what to expect as they begin the process.
A Successful Georgia Car Accident Claim Begins at the Accident Scene
The first steps of a successful car accident claim begin at the scene of the accident when the police generate an accident report with their observations and collect the contact and insurance information of the drivers.
Sometimes, a car accident victim has severe injuries and cannot take any purposeful action at the scene because they are incapacitated. In some cases, however, a car accident victim can use their cell phone to take photos of the accident scene and their injuries and add the contact information of eyewitnesses as further evidence to use later in the accident claim process.
Seeking Medical Care After a Car Accident Claim In Georgia
Going directly to a hospital after a car accident is critical for your medical needs, including treatment for emergency injuries and a complete medical assessment to diagnose and treat injuries with delayed symptoms like whiplash, internal bleeding, and traumatic brain injuries. It’s also a critical step in the accident claim process because the medical report becomes essential proof of the extent of the injuries and evidence that the injuries occurred in the accident. Then, saving copies of all medical expenses and related out-of-pocket costs is important for recovering full and fair compensation for these damages.
Reporting the Accident and Hiring an Attorney
As soon as the immediate medical crisis has passed, the next step in the Georgia car accident claim process is to report the accident to the insurance company. Then, begin the protection of your rights by hiring an experienced car accident lawyer before dealing with the at-fault driver’s insurance company, which might try to offer a fast settlement for far less than the true value of the claim.
Your Attorney Investigates and Documents Evidence of Liability and Damages
Under Georgia’s modified comparative negligence insurance system, the insurance company can reduce the amount it pays on an injury victim’s claim by the percentage of fault the adjuster assigns to the victim for the accident. This allows them to protect their profits at the injury victim’s expense. An assertive injury lawyer in Georgia investigates the accident and sends a demand package with evidence of liability to the insurance company, along with a carefully calculated list of the damages, like medical expenses, lost wages, and compensation for pain and suffering.
Negotiating a Settlement or Going to Court
An experienced car accident lawyer in Georgia begins negotiating with the insurance company after sending the initial demand letter, arguing for the highest possible settlement amount. In some cases, all parties might meet for mediation to arrive at a mutually agreeable settlement. If the insurance company fails to offer an acceptable settlement, the case proceeds to court for a jury to decide. Over 90% of car accident cases are resolved through a settlement, but if a case requires court, juries often sympathize with the injury victim and award them ample compensation for their damages.