Marietta Car Accident Lawyer
A car crash is a deeply unsettling experience. But often, the trauma of the impact is quickly followed by a different kind of stress: the relentless pressure from insurance companies and the growing anxiety over finances. The medical bills begin to arrive, your time away from work results in lost income, and an insurance adjuster is calling, pushing for a quick, lowball settlement that protects their company, not your future. It can feel as though you are being forced to put a price tag on your pain before you have even had a moment to heal.
You do not have to face this intimidating process alone. At Williams Elleby Howard & Easter, we believe that your focus should be on your recovery, not on fighting with insurance adjusters. We step in to become your shield and your advocate, handling every phone call, every piece of paperwork, and every negotiation.
Our firm was built on the principle that clients are like family, and that means protecting you from financial strain while we pursue the full justice you deserve. A dedicated Marietta car accident attorney is here to lift this burden from your shoulders.
Contact us today for a free, no-obligation conversation about your case.
Why Choose Us for Your Marietta, GA Car Accident Claim
When you are choosing a law firm to represent you after a serious car accident, you are placing your future in their hands. It is a decision that requires immense trust. At Williams Elleby Howard & Easter, we have built our reputation on being the firm that clients can depend on, not just for exceptional results, but for genuine care and unwavering support. We know you have many choices, but we believe our unique approach sets us apart.
We consider our clients to be an extension of our family. This is not just a slogan for us; it is the core principle that guides everything we do. From your very first call, you will notice the difference. We take the time to listen to your story, understand your fears, and answer your questions with patience and clarity. Your well-being is our top priority, and we are committed to making this difficult process as smooth as possible for you and your loved ones.
Here is what you can expect when you partner with our team:
- A Record of Proven Success: We have recovered over $100 million for our clients. This is not just a number; it represents lives rebuilt, medical bills paid, and futures secured. Our experience as exceptional trial lawyers means we are always prepared to take your case to court if a fair settlement cannot be reached.
- Compassionate, Client-First Service: We never forget that you are a person who has been through a traumatic event. We handle your case with the empathy and respect you deserve, staying in touch with you every step of the way so you are never left wondering about the status of your claim.
- Cutting-Edge Investigative Techniques: We leave no stone unturned in building the strongest possible case for you. Our team utilizes advanced investigative methods to gather crucial evidence, from accident reconstruction to identifying all liable parties, ensuring we can prove fault and maximize your compensation.
At Williams Elleby Howard & Easter, we strive to make your life better. We combine the resources and tenacity of a large firm with the personalized attention and care of a small-town practice.
Laws that Impact Car Accidents in Georgia
A car accident claim can be incredibly confusing, especially when you are trying to recover from your injuries. Georgia has specific laws that will directly affect your ability to recover compensation. Understanding these rules is crucial, and having a knowledgeable attorney to guide you through them is even more so. Here are three key Georgia laws that will likely impact your case.
Georgia’s At-Fault Insurance System
Georgia is an “at-fault” state when it comes to car accidents. This means that the person who is found to be legally responsible for causing the crash is also responsible for paying for the damages they caused. In most cases, this means you will file a claim with the at-fault driver’s liability insurance company.
However, proving fault is not always straightforward. The other driver’s insurance company will have a team of adjusters and lawyers working to minimize their payout or, if possible, shift the blame to you. They may dispute the facts of the accident, downplay the severity of your injuries, or argue that you were partially responsible.
This is where our investigative skills become invaluable. We will meticulously gather evidence—such as police reports, witness statements, traffic camera footage, and expert testimony—to build an undeniable case that proves the other party’s negligence.
Additionally, Georgia drivers have the option to purchase “no-fault” coverage, often called Medical Payments (MedPay) or Personal Injury Protection (PIP). This is an optional add-on to your own auto insurance policy that can cover your initial medical expenses and lost wages, regardless of who was at fault. Using your MedPay coverage can provide immediate financial relief while your larger claim against the at-fault driver is pending. We can help you understand and utilize all available insurance policies to your advantage.
Georgia’s Statute of Limitations
The statute of limitations is a critical legal deadline. It is a law that sets a strict time limit on your right to file a lawsuit after an injury. In Georgia, for most personal injury cases, including those arising from car accidents, you have two years from the date of the accident to file a lawsuit.
While two years may seem like a long time, it can pass surprisingly quickly, especially when you are focused on medical treatments and recovery. It is vital to act promptly. Building a strong car accident claim takes time. We need to investigate the crash, gather medical records, consult with experts, and negotiate with the insurance company.
If you wait too long to contact an attorney, crucial evidence can disappear, witnesses’ memories can fade, and you risk losing your right to seek compensation forever. If you miss the two-year deadline, the court will almost certainly dismiss your case, and you will be left with no legal recourse to recover the money you deserve.
There are very few exceptions that can extend this deadline, so it is imperative to speak with a Marietta car accident lawyer as soon as possible after your crash to protect your rights.
Georgia’s Modified Comparative Negligence Rule
In many car accidents, the insurance company for the other driver will try to argue that you were also partially to blame for the collision. This is a common tactic used to reduce the amount of money they have to pay. Georgia law addresses this situation with a rule called “modified comparative negligence.”
This rule works in two ways:
- Reduction of Damages: Your total compensation award will be reduced by your percentage of fault. For example, if a jury determines that you are entitled to $100,000 in damages but also finds that you were 10% at fault for the accident (perhaps for being slightly over the speed limit), your award would be reduced by 10%, and you would receive $90,000.
- The 50% Bar Rule: You can only recover damages if your percentage of fault is less than 50%. If you are found to be 50% or more responsible for the accident, you are barred from recovering any compensation at all.
Insurance adjusters are skilled at using this rule to their advantage. They may try to get you to make a recorded statement where they can twist your words to imply fault, or they may misinterpret evidence to assign you an unfair portion of the blame. Our job is to protect you from these tactics.
We will fight back against any unfair allegations of fault and work to demonstrate that the other party’s negligence was the primary cause of your injuries, ensuring you can recover the full and fair compensation you are owed.
Who May Be Held Liable in a Marietta Car Accident Case?
While the other driver is the most obvious party to hold responsible after a crash, a thorough investigation can sometimes reveal that other individuals or entities also share liability. Identifying all potential sources of recovery is a key part of our strategy to maximize your compensation. At Williams Elleby Howard & Easter, we use our cutting-edge investigative techniques to explore every possibility.
Depending on the circumstances of your accident, liable parties could include:
- The Other Driver: Negligent actions such as speeding, distracted driving (texting), drunk driving, or running a red light are the most common causes of accidents.
- The Driver’s Employer: If the at-fault driver was on the job at the time of the crash—for example, a delivery driver, a commercial trucker, or a sales representative traveling for work—their employer may be held vicariously liable for their employee’s negligence.
- A Vehicle or Parts Manufacturer: If the accident was caused or made worse by a defective vehicle component, such as faulty brakes, a defective tire, or a malfunctioning airbag, a product liability claim could be brought against the manufacturer.
- A Government Entity: In some cases, a city, county, or state government agency may be liable if the accident was caused by a dangerous or poorly maintained road condition, such as a large pothole, a malfunctioning traffic signal, or a poorly designed intersection with inadequate signage. Suing a government entity involves complex rules and shorter deadlines, making experienced legal counsel essential.
- A Bar or Restaurant: Under Georgia’s “dram shop” laws, an establishment that knowingly served alcohol to a visibly intoxicated person who then caused a drunk driving accident can be held partially liable for the resulting damages.
Our team has the experience and resources to conduct a comprehensive investigation to determine everyone who contributed to your harm, ensuring that you can pursue compensation from all responsible parties.
Compensation Available in a Marietta, Georgia Car Accident Lawsuit
No amount of money can truly undo the trauma and pain of a serious car accident. However, securing a fair financial recovery is essential for relieving the burdens placed upon you and your family, allowing you to focus on healing and rebuilding your life. Our goal is to fight for a settlement or verdict that covers every single loss you have suffered.
In a Georgia car accident claim, you may be entitled to recover compensation for a wide range of damages, such as:
- Current and Future Medical Expenses: This includes emergency room visits, hospital stays, surgeries, doctor’s appointments, prescription medications, physical therapy, and any long-term care you may need.
- Lost Wages or Income: Compensation for the income you have lost while being unable to work during your recovery.
- Loss of Earning Capacity: If your injuries have resulted in a permanent disability that prevents you from returning to your previous job or limits your ability to earn income in the future.
- Property Damage: The cost to repair or replace your vehicle and any other personal property damaged in the crash.
- Out-of-Pocket Expenses: Costs for things like transportation to medical appointments, home modifications, and other related expenses.
- Pain and Suffering: Compensation for the physical pain and discomfort you have endured and will continue to endure.
- Emotional Distress: This includes anxiety, depression, fear, insomnia, PTSD, and other psychological impacts of the trauma.
- Loss of Enjoyment of Life: Compensation for your inability to participate in hobbies, activities, and life experiences that you once enjoyed.
- Loss of Consortium: A claim brought by your spouse for the loss of companionship, support, and intimacy resulting from your injuries.
In cases involving extreme or egregious misconduct, such as a drunk driver with a history of DUIs, it may be possible to seek punitive damages. These are not meant to compensate you for a loss, but rather to punish the defendant for their reckless behavior and deter similar conduct in the future.
Discuss Your Case with Our Experienced Marietta Car Accident Lawyers Today
You have been through enough. You do not have to carry the legal and financial burdens of this accident on your own. Let the compassionate and dedicated team at Williams Elleby Howard & Easter take over. We will handle every aspect of your legal claim so you can pour all of your energy into what matters most: your health, your recovery, and your family.
When you trust us with your case, we will immediately get to work to:
- Listen to your story with compassion and provide a free, comprehensive case evaluation.
- Conduct a thorough investigation into your accident to gather all necessary evidence and identify all liable parties.
- Handle all communications with the insurance companies, bill collectors, and other attorneys on your behalf.
- Work with leading medical and financial experts to calculate the full value of your claim.
- Fight tirelessly in negotiations or in the courtroom for the maximum compensation you deserve.
The road to recovery starts with a single phone call. Contact Williams Elleby Howard & Easter today at (404) 389-1035 or through our online form for your free, confidential consultation. Let our family help yours.
Williams Elleby Howard & Easter – Kennesaw Office
3450 Acworth Due West Road, Ste. 610
Kennesaw, GA 30144
P: (404-389-1035)
