Recoverable Damages After a Riverdale Car Accident
Any motor vehicle accident, large or small, can stress your pocketbook. Car repairs and medical bills can add up quickly. You may not fully understand the extent of recoverable damages after a Riverdale car accident if you do not consult with an attorney. Not every car accident will warrant hiring a lawyer to receive just compensation, but the more extensive the damage, the more you need reputable experienced legal advice.
Process of Obtaining Damages
The first step to recovering damages in any vehicle crash requires filing a claim with the relevant insurance company. Sometimes, the claims process goes smoothly, and parties to the accident receive acceptable settlement offers without much struggle. However, this is not always the case.
Insurance companies are businesses, and although they must abide by the legal obligations to their insureds, they aim to minimize payments to maximize profits. Insurance company offers do not bind Georgia claimants. Injured drivers must carefully review settlement offers and avoid accepting offers that devalue their injuries. If the parties cannot reach an agreement or the at-fault driver has insufficient liability coverage to meet the extent of the injuries, injured parties may file a lawsuit.
How Does the Law Define Damages?
Georgia allows claimants to collect three types of damages: special, general, and punitive. Car accident awards typically consist of general and special damages because these cases arise out of someone’s negligence, not intentional actions. To receive punitive damages, court requires proof of a willful reckless act.
Establishing a Claim for Special Damages
Special damages compensate an injured party for quantifiable expenses and losses. The most apparent measurable costs are property damage and medical bills.
Affording Vehicle Repairs
Even in minor fender-benders, fixing a vehicle can be costly. In serious accidents, the involved vehicles will likely require expensive repair work, and in some cases, the driver may need to purchase a new car. Pictures of the vehicle and body shop invoices will help prove these payments. While mechanics work on vehicles, drivers may need rental cars, and special damages calculations may include this outlay as well.
Collecting for Medical-related Expenditures
Any healthcare-related costs incurred after suffering an injury, not just doctor’s visits, are recoverable:
- Medical treatment
- Ambulance rides
- Surgery and other medical procedures
- Physical, occupational, and emotional therapy
- Medical devices and prosthetics
- In-home care
- Death of a loved one
To establish a claim for personal harm, the injured party must seek medical care soon after the accident. Any delay in obtaining such services opens the door for insurance companies and at-fault drivers to argue that the complained of injury or medical condition was not caused by the accident, but by some intervening event.
Reimbursement for Lost Time on the Job
Car-wreck injuries can range from minor scrapes and bruises that need little medical attention to more severe harm requiring invasive procedures, and possibly hospitalization. While receiving medical care, injured parties often cannot work. Special damages request may contain lost earnings. If a car accident driver suffers impairments that prevents them from returning to work, they may also seek lost opportunity costs and future unearned wages.
Addressing Subjective Harm
General damages remedy intangible offenses – those injuries to which a dollar amount cannot be assigned such as:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of capacity to enjoy life
Eye-witness accounts and evidence of special damages can also help form the basis for figuring a monetary award.
Work with a Legal Professional Today
Car accidents cause many negative consequences. Without in-depth knowledge of the law and the system, you may not recognize the various avenues for redress, and obtaining a fair recovery may evade you. Our experienced attorneys grasp the scope of recoverable damages after a Riverdale car accident and will prepare your case to achieve the most lucrative resolution. Please start the process today by calling our office.