COBB COUNTY PARENTS – BEWARE – THIS IS A MUST-READ !!

The bottom of a yellow school bus that had rolled off the road onto it's side in the grass, with woods in the background.

A parent’s worst fear is something terrible happening to their child. Every day thousands of Cobb County parents send their children to and from school on Cobb County school buses. What are your rights if the unimaginable happens and your child is injured as a passenger in a wreck caused by the Cobb County school bus driver? What are your rights if you are injured in a wreck caused by a Cobb County school bus? Surprisingly, very little.

Sovereign Immunity:

Sovereign immunity is a legal doctrine that holds the sovereign or the “state” is immune from lawsuits unless they consent to being sued. In Georgia, the State, Counties, and Cities all have different rules as it relates to sovereign immunity and whether or not it has been waived.  Generally, if the State, County or City has insurance, then immunity is waived up to the limits of the insurance depending on the type of incident (car wreck, slip and fall, etc.).  Of course, however, there are many different scenarios and exceptions that go against this general rule.

School Districts:

Sovereign immunity applies to school districts as well.  Under Georgia law, school districts waive their sovereign immunity to the extent they “purchase” insurance for the school buses they own and operate. I know what you’re thinking – “that’s easy, of course they purchase insurance for those big, clunky school buses that don’t have seatbelts and carry our children to and from school!” Surprisingly, that is not the case in Cobb County. Instead, what Cobb County, and some other counties, have chosen to do is to procure “self-insure” with limits of only $100,000 per incident and $500,000 per occurrence. Here is a link to the policy if you want to read it:

https://www.cobbk12.org/centraloffice/hr/risk/CCSDSelfInsurancePlanGeneralLiabilitySection.pdf

So what does this mean? Isn’t self-insurance the same as having regular insurance? Because Cobb County has chosen to be self-insured, it can (and does) argue that sovereign immunity applies to any claim made by a person injured by a Cobb County school bus because Cobb County technically has not “purchased” insurance under the Georgia law.  Instead, Cobb County has elected to “procure” its own self-insurance. While this may seem like a form over substance argument (and it is), there is case law that supports this position by Cobb County – because they have not purchased insurance under the Georgia code section, they have not waived sovereign immunity by agreeing to have its own self-insurance policy.

Well if they have self-insurance, won’t they pay what is fair anyway? That’s why they have it, right? That would be nice. But, because Cobb County can argue sovereign immunity applies to any potential cause of action, you cannot threaten them with a lawsuit if they give a low-ball offer to resolve any claim. What’s more, if you read the self-insured policy language, it excludes damages (payment) for pain and suffering, and it will only pay for “reasonable” medical bills.  This severely limits your right to recovery, and forces you to accept a lowball offer because you may not have any other option.

On the other hand, there are other metro counties, such as Henry County, that have chosen to “purchase” insurance for their school buses in order to protect its citizens and students. Those counties have agreed to waive their immunity up to the limits of insurance, and cannot argue sovereign immunity applies.

If you are injured by a Cobb County school bus you need someone who knows the law and is willing to fight hard for your rights. There are certain ways to put pressure on Cobb County to do what’s right, and to fairly compensate you for your injury. Additionally, there are other avenues of insurance that may apply to your situation.

If you or a loved one are injured in a school bus accident, contact personal injury and wrongful death lawyers at Williams Elleby Howard & Easter in Kennesaw, Georgia today for a free consultation at 833-LEGALGA.

Dangers of Distracted Driving

A female wearing a green shirt, sitting in a car, behind a steering wheel, holding both the steering wheel and her coffee in her left hand while looking into the sun visor mirror, putting on mascara.

Taking your eyes off the road for even just a few seconds can easily result in injuries or death. In fact, the AAA Foundation reports that even taking your eyes off the road for as little as two seconds will double your risk of being involved in a crash.

Distracted driving involves any activity that takes your attention from the road, whether it is another passenger, adjusting the stereo, or texting. The National Highway Traffic Safety Administration (NHTSA) reports that one in every ten fatal accidents in the United States involves a distracted driver. That means that more than 3,000 deaths are caused by distracted driving each year. Distracted driving is also likely responsible for roughly 18 percent of all accidents that result in injuries.

Examples of Distracted Driving

With the increase in technology, distracted driving seems to be an even more serious issue today. The AAA report regarding traffic safety culture indicated that 85 percent of respondents thought that distracted drivers are a much larger problem today than they were only three years ago.

Distracted driving comes in many forms. Examples include:

  • Reading
  • Running navigational systems
  • Watching videos
  • Engaging on social media
  • Adjusting the radio
  • Grooming
  • Eating and drinking
  • Using a cell phone or smartphone
  • Texting

Many other types of distractions could affect your driving ability as well.

Types of Distracted Driving

Texting and engaging in social media is particularly egregious because it involves manual, visual, and cognitive distraction.

  • Manual distraction: You should have both hands on the wheel to maintain control of the vehicle. When your hands leave the wheel for any reason, you are engaging in manual distraction. Think of the huge number of activities that you engage in while you are driving that could be considered manual distraction because your hands leave the wheel.
  • Visual distraction: Your eyes should be on the road or scanning for threats or obstacles around you. When your eyes avert to children, electronics, or anything else, you are engaging in visual distraction.
  • Cognitive distraction: This type of distraction is the hardest to recognize. Anytime your mind wanders to matters other than driving, you are engaging in cognitive distraction. Talking to others or otherwise being preoccupied are both forms of distracted driving.

Distracted Driving and Younger Drivers

Younger drivers are more likely to engage in distracted driving. Ten percent of drivers between the ages of 15 and 19 that were involved in fatal crashes were distracted at the time of the accident. This is the largest age group for those who were distracted at the time of an accident. Drivers between the ages of 16 and 24 also manipulate cell phone and other electronic devices at higher rates compared to older drivers.

Cell phones may quadruple the crash risk for every driver. Safety is a real concern for every driver because of cell phone use, especially because one in 20 drivers is using a cell phone at any given time while on the road. Even hands-free phones are not risk-free because they also cause a cognitive distraction.

Distracted driving can result in serious injuries. If you or a loved one has been affected by a distracted driver, you may have legal options. Call car accident attorney, Joel Williams at 833 – LEGALGA for more information.

Accidents During Rainy Weather

Looking through a car windshield covered in rain drops, obscuring the view of the surrounding bumper to bumper traffic.

Accidents During Rainy Weather

According to the U.S. Department of Transportation Federal Highway Administration, of the approximately 5.7 million automobile accidents that occur in the United States each year, 22 percent are weather related. Contrary to popular belief, snow is generally not a significant contributor to vehicle crashes. Only 17 percent occur during snow or sleet and 14 percent occur due to icy pavement. Based on NOAA National Climatic Data Center data, Georgia is the 7th wettest state in the country and the 5th wettest during the summer months. Therefore, statistically, Georgia drivers have a relatively high chance of being involved in an automobile accident.

Based on the Köppen Climate Classification System, most of the state is classified as a humid, subtropical region. In fact, Georgia averages between 45 and 75 inches of rain per year. This translates to wet roads and slick pavements that can be lightning rods for automobile accidents.

Determining Fault After a Wet-Weather Accident

Aside from turning on their windshield wipers, few drivers pay attention to wet conditions while operating a vehicle. But if an accident occurs while it’s raining, you can be assured that insurance companies will try to determine who was at fault. Drivers are expected to use extra caution while driving in the rain, snow, or sleet, but if the insurance company determines that one driver was not cautious in such conditions, he or she will be held responsible for the accident. If both drivers were cautious, on the other hand, both may be held liable for the accident.

The following factors are taken into consideration when determining fault after an accident occurs during inclement weather:

  • The severity of the inclement weather at the time of the accident. How wet were the roads?
  • The car’s condition at the time of the accident. Were the headlights working properly? Were the windshield wipers working properly? When was the last time the wipers were changed? Was the taillight functioning properly? What about the brake lights? Was the car aligned properly? These are all questions that are asked when determining fault after an accident happens in inclement weather.
  • The driver’s familiarity with the road. A driver who has less familiarity with the road would be more likely to get into an accident.
  • Certain signs at the scene of the accident. Skid marks, damage to guard rails, and similar signs can be telling.
  • Whether the driver was distracted. Was she texting or talking on her phone? Was she trying to find a good song on the radio? Was she putting on makeup?
  • Whether or not the driver was under the influence of drugs or alcohol.

Contacting a Kennesaw Georgia Auto Accident Lawyer

If you were involved in an automobile accident that occurred during inclement weather, you need an attorney who will investigate the circumstances and build a winning case. As mentioned, many factors are considered when determining fault after a wet-weather accident. Don’t settle for what the insurance company offers you. Get the compensation you deserve. Call the Atlanta area trial attorneys at Williams Elleby Howard & Easter for a free consultation.  They can be reached at 833 – LEGALGA.

Proving Fault in an Auto Accident

The foreground shows a blue car hitting the back of a black car with a woman and a man standing in the background holding their phones.

Traffic accidents can raise complex issues of fact and law, particularly when determining which party is responsible. Georgia is an “at-fault state,” meaning the party at-fault in an auto accident is on the hook to pay for the expenses of the other party. In some cases, determining fault is easy, and the at fault party won’t even contest it.  However, most car wrecks require an in depth investigation of the facts to determine who is at fault.

The Standard of Care

All drivers on the road have a duty to act with reasonable care towards each other. When a driver breaches this duty, they are said to be negligent. When a negligent driver causes an accident, they are at-fault and owe the other party compensation.

Here are the main factors courts will look to when determining fault:

Whether Rules of the Road Were Broken

One of the most common ways that courts determine which party was at fault in an accident is by looking to see if any traffic laws, or “rules of the road,” were violated. Georgia’s rules of the road, which are a part of the Georgia Code, can be found here. When a violation of these rules caused or was a substantial factor in causing an accident, there is a presumption that the driver in violation was at fault. This is referred to as negligence per se.

However, even when a driver is found to be negligent per se, they still have an opportunity to refute the presumption of negligence and show that the accident was not their fault. Also, it is important to note that a violation of a traffic rule that was not actually a cause of the accident would not be relevant to the issue of fault.

The Type of Accident

For certain types of accidents, fault is predictable. A rear-end collision is almost always the fault of the driver of the vehicle who was coming from behind, because it usually means they were following too close or not paying attention. In accidents where a car is turning left and hits another car head-on, it is almost always the fault of the car turning left because they should have seen the oncoming traffic.

Courts will naturally pay attention to these patterns. But, there are many significant exceptions to these generalities. For instance, if a driver applies the brakes abruptly, cuts another car off, goes well below the speed limit, or was driving without functioning brake lights, they may be the one at fault when they get rear-ended. Similarly, if a left-turning driver is hit by a speeder or a person running a red light, the accident likely isn’t their fault.

What the Police Report Says

A police report can be powerful evidence of fault in a subsequent lawsuit. If you are ever in an accident that was not your fault, you should try to get one. Whether a police report will be available will depend on the severity of the accident, as well as where the accident occurred. Some cities, towns, and rural areas may not have the resources to create police reports for every accident; however, in most instances it will be possible to get one. For instance, Atlanta works to make car-accident police reports available to all those who request one.

If You Have Been in an Auto Accident, Williams Elleby Howard & Easter Can Help

If you have been involved in an auto accident, it is crucial to consult with a qualified attorney to understand your rights. Attorney Joel Williams has experience with these types of cases. He can investigate the facts of your case, explain your rights, and help you get a fair outcome. If you would like more information about this issue or would like to discuss your case, please call us at 833-LEGALGA to schedule your free consultation.

What to Do in a Road Rage Accident

A man looking irritate while sticking his arm and head out of the drivers side window of a small red car.

At some point, you’ve probably been on the receiving end of an aggressive driver in Georgia—especially if you’ve driven on I-285. Below are some common examples of aggressive driving seen around Cobb County and the Atlanta metro area:

  • Tailgating
  • Switching lanes quickly (i.e., weaving through traffic)
  • Cutting a car off
  • Failing to use turn signals
  • Driving in a turn-only lane or on the shoulder to pass other drivers
  • Speeding
  • Braking quickly
  • Failing to stop at stop signs, intersections, and traffic lights
  • Failing to yield

In Georgia, aggressive driving is considered negligence because the driver acted in an unreasonable manner. For example, drivers know they need to abide by traffic laws, so anyone who disobeys them is acting negligently. Neglecting to obey traffic laws can result in the injury to another person or property damage of another automobile. In fact, half of all traffic fatalities are the result of aggressive driving, according to the AAA Foundation for Traffic Safety.

When Does Aggressive Driving Become Road Rage?

Road rage occurs when a driver intentionally engages in aggressive driving. Such acts are directed at another person, whether it’s the driver of another vehicle, a motorcyclist, a bicyclist, or a pedestrian. Below are some common examples of actions that can escalate to road rage:

  • Obscene gestures
  • Excessive or continuous honking
  • Running another individual off the road
  • Ramming a car into another car
  • Physical assault of a person or his/her property
  • Following someone
  • Waving, pointing, threatening with, or using a gun

How Can You Avoid Road Rage?

Even though road rage is the result of another person’s actions, you can still take steps to help prevent these outbursts. Always strive to be a cautious and compassionate driver by:

  • Leaving early for your destination, so if you get stuck in traffic, you don’t begin driving aggressively
  • Letting others merge in front of you when possible
  • Thanking other drivers with a wave of the hand when they let you merge
  • Obeying traffic signs, lights, and laws

How Should You Handle Road Rage?

If a driver follows you after exhibiting aggressive behaviors, call 911 immediately and drive to a well-lit public place or a police/fire station.

Unfortunately, some road rage incidents lead to unavoidable accidents. If you get into one, treat the incident just like any other car accident or bicycle wreck.

  • Call 911;
  • Take pictures of the scene, the cars, and any injuries;
  • Exchange information with the other driver;
  • Check to see if anyone who witnessed the accident stopped to help. Get that person’s contact information;
  • Call your insurance company;
  • Seek medical treatment if necessary;
  • Keep a journal of your injuries, property damage, and bills relating to the accident;
  • Contact an attorney.

If an aggressive driver injured you or a loved one, call attorney Joel Williams at 833-LEGALGA today for a free consultation.

Woman Killed in Connector Wreck in South Cobb

A white sheet drapped over a body laying on concrete with the lower legs exposed and a dozen red roses laying on top of the sheet.

Tragedy struck the Cobb County community last month when Lakeisha Clark died due to injuries she suffered in a car crash. Reports state that Lakeisha was legally attempting to turn onto a connector road when the driver of a Dodge Durango ran a red light and struck her Honda Accord. The driver of the Durango, 33-year-old M.D. Shafiullah, was taken to the hospital. He is expected to make a full recovery.

When accidents like this happen, surviving family members may pursue a wrongful death suit against the driver who caused the wreck.

Wrongful Death in Georgia

Georgia law defines wrongful death as causing another’s death by a “negligent, reckless, intentional, or criminal” act. The law defines negligence as causing harm to another by a failure to use reasonable care.

To be successful with a wrongful death claim, the decedent’s family needs to prove that the accident occurred because of the other driver’s negligence. Georgia law has a framework for who may bring a wrongful death action to court.

Types of Wrongful Death Claims

Georgia law has two categories of wrongful death claims. The first is a claim for the “full value of the life of the deceased.” This claim is to calculate the monetary damages and value, both tangible and intangible, of the deceased person’s life. Calculated factors include:

  • lost wages and benefits, based on what the deceased person would have reasonably earned; and
  • loss of companionship and similar intangible benefits that the deceased would have provided to loved ones.

The second claim remedies any financial losses related to the deceased person’s death. The deceased person’s estate brings this claim in court. Recoverable damages include:

  • medical expenses from the deceased person’s injury;
  • funeral and burial expenses; and
  • the deceased’s conscious pain and suffering just before death.

How to File a Claim

Generally, the spouse of the deceased can bring the claim. If the spouse and the deceased person had minor children, the surviving spouse must also represent the interests of the children in court. The law says the surviving spouse must receive no less than one-third of the total recovery, regardless of surviving children.

If no surviving spouse or children are available to bring the claim in court, the deceased’s surviving parent(s) or the deceased’s estate’s personal representative may file a wrongful death claim.

Georgia’s Statute of Limitations

In Georgia, the statute of limitations mandates that wrongful death claims must be filed within two years of the date of death. If the claim is not filed within the two-year time limit, the right to sue is lost.

Note that if there is a parallel criminal case to the wrongful death suit, the statute of limitations tolls until the criminal trial is completed. In addition, the wrongful death statute of limitations would toll for five years until the estate is probated.

Lakeisha Clark’s death was tragic. Although her family cannot bring her back, it may be entitled to compensation under Georgia’s wrongful death law. If a loved one died due to someone else’s negligence, you need a lawyer who will aggressively pursue the compensation you deserve. Contact the law firm of Williams Elleby Howard & Easter to speak to a Cobb County wrongful death lawyer today.

Multi-Car Accidents

The scene of a wreck on a highway and traffic shown in the blurry background with a silver car having driven into another silver car and pushing the back end of that car up onto the hood of their car.

Day after day, there are reports of car wrecks on I-285, in Cobb County, and anywhere else you drive in Georgia. A two-car accident can cause traffic delays and headaches for those involved, but multi-car wrecks can be even worse. Multi-car collisions usually occur on highways at high speeds and in low-visibility conditions. Sometimes, an additional accident occurs when someone swerves off the road or into another lane to avoid the collision ahead.

With multi-car accidents come complicated cases, including more insurance companies to deal with. Not only do you have to address your physical injuries, but you also have to determine and prove who was at fault, who damaged your car, and whether you damaged someone else’s vehicle. From there, you will contact your insurance company and provide all of the necessary documentation for an insurance adjuster to begin reviewing the accident.

To help alleviate some worry, we’ve put together some tips we’ve learned during our years of litigating multi-car wrecks, tractor trailer (18-wheeler) accidents, and motorcycle collisions in Georgia.

Causes of Multi-Car Wrecks

Multi-car accidents are usually caused by one or more of the following:

  • Distracted driving
  • Aggressive driving
  • Rubbernecking
  • Poor weather conditions (e.g., rain, ice, etc.)
  • Chain reactions
  • Cars crossing into other lanes

What the Trial Process Is Like

In theory, the trial process for a multi-car accident personal injury claim or wrongful death claim is the same as it would be for a single car accident. However, with multiple defendants, insurance companies, and automobiles, multi-car trials become complicated. It’s not something every lawyer can handle, but we’ve worked hard to secure over $50 million in verdicts in multi-car wreck trials and other cases.

Your lawyer must be able to:

  • Prove who was at fault. This can be tricky, depending on the circumstances surrounding the accident, but it isn’t impossible. It can be done by interviewing witnesses and visiting and reconstructing the scene with experts. A personal injury lawyer should determine whether a driver was distracted so much that if he hadn’t been distracted, he could have avoided the wreck. Other questions we fight to answer include whether or not the car that caused the accident needed repairs, whether the driver acted negligently or recklessly by speeding or breaking other traffic laws, and whether or not the driver was under the influence of drugs or alcohol at the time of the accident.
  • Prove your damages. Damages entail more than just medical expenses and the cost of repairing your automobile. They can also include pain and suffering for you and your family, lost wages, and lost earning capacity. Personal injury lawyers usually hire experts to draft reports that help juries understand why you’re asking for such damages and why you deserve them.
  • Fight for your rights against multiple insurance companies.

Recovering from a multi-car accident can be overwhelming, but an experienced Georgia personal injury law firm can help. Call 833-LEGALGA to discuss your case with attorney Joel Williams today. There is no obligation and the consultation is free.

Interstate 285 Classified as One of the Deadliest Highways in the United States

Multiple rows of standstill, bumper to bumper traffic on a shiny wet road.
Americans have always had a love affair with their cars. Whether they drive a luxury, vintage, or just a regular old family vehicle, people enjoy the freedom of the open road. Fortunately, the United States offers plenty of places to explore. Each state has its own highway system, and the federal government has an interstate and numbered highway system. In total, there are 2.7 million miles of road, which, if taken in a straight line, would circle the globe 107.2 times, according to ValuePenguin. The existence of so many roads and drivers results in a lot of automobile accidents. The Insurance Institute for Highway Safety provides some harrowing statistics: In 2014, the United States experienced 29,989 fatal motor vehicle crashes that caused 32,675 deaths. Said differently, there were 10.2 deaths per 100,000 people and 1.08 deaths per 100 million vehicle miles traveled. Of all the highways in the country, Interstate 285 that borders the new Atlanta Braves stadium is considered the most dangerous.

Interstate 285 Statistics

Based on a system considering fatalities during a 10-mile stretch, the National Highway Traffic Safety Administration found that I-285, which encircles the city of Atlanta, is the most fatal highway in the United States. In 2013 alone, there were 29 deaths on I-285. Considering the length of the highway, these statistics mean there were 3.5 deaths for every 10 miles. I-285 draws about 416,000 drivers per day, according to the Atlanta Journal-Constitution. That’s a considerable amount of traffic. Theorists have asserted several factors that may contribute to the lethal aspect of I-285. One theory points to the layout of Spaghetti Junction—the informal name for the Tom Moreland Interchange – an 18-lane freeway where I-285 merges with I-85. This confusing and jumbled stretch of highway can overwhelm anyone but especially out-of-town drivers. Others believe the sheer number of vehicles on the road and the presence of many tractor trailers contribute to the accidents. I-85 alone hosts more than two million vehicles daily. Also, drivers of small vehicles often change lanes to pass slow-moving vehicles, contributing to a higher risk of accidents.  Snow and ice coats I-285 during the winter, creating hazardous driving conditions.  Atlanta residents will never forget “snowpocalypse” in January 2014. For commerce journeying between Florida and Tennessee, I-285 is a major thoroughfare.  The lack of alternate routes available to truckers increases the likelihood of accidents because large numbers of tractor-trailers routinely use I-285.

A Busy Roadway All the Time

I-285 is constantly busy, including nights, weekends, and holidays. With all of this traffic, plus an increase in distracted driving due to cell phones, laptops, tablets, and other electronic devices, I-285 is becoming more accident prone. In fact, throughout the first half of 2016, traffic fatalities increased by a whopping 10.4 percent compared to the same period in 2015. If you were hurt in an accident on I-285, contact a lawyer who will help you get the recovery you deserve. Contact the personal injury firm of Williams Elleby Howard & Easter which is located just a few miles north of I-285 in Cobb County.  833-LEGALGA

5 Common Injuries After a Motorcycle Accident

A wrecked motorcycle laid in the road with a silver car in the background.

5 Common Injuries After a Motorcycle Accident

On a motorcycle, there is little protection between you and the road. Although that is often the appeal of riding a motorcycle, it can also result in very serious injuries after an accident. Wearing protective gear can help prevent or decrease the severity of the five most common motorcycle accident injuries in Georgia.

1. Road Rash

Road rash occurs when you slide across the pavement in an accident. Road rash can be brutal. It is similar to a rug burn, but it can actually cut through padding, clothing, and even your skin to expose tissue and bone. Road rash requires special treatment, and the development of infections is relatively common. Surface nerve damage, scarring, and permanent tissue damage can also result.

2. Head Injuries

In Georgia, bikers are required to wear helmets for good reason. Head injuries are one of the most common injuries sustained in a motorcycle accident. Head trauma can result in long-term health issues, including brain bruising, swelling, and bleeding. Head injuries can also be fatal. A helmet can help prevent objects from piercing the skull and distribute force so that a direct impact is not as dangerous. Keep in mind that the Georgia helmet law applies to passengers, too, and all helmets must comply with certain safety standards.

3. Neck Injuries

Neck injuries are just as common as head injuries, and they, too, can be fatal. The Centers for Disease Control and Prevention (CDC) reported that head or neck injuries comprise 22 percent of all motorcycle crash injuries. A neck injury can paralyze or kill a motorcyclist instantly. Minor injuries can result in bruising and swelling that can make it difficult to breathe. Concerns regarding the neck are one of the reasons that helmets often cover the face and part of the neck.

4. Injuries to the Legs and Feet

The CDC reported that 30 percent of all non-fatal motorcycle accidents involve some injury to the legs and feet. Shattered or broken bones are not uncommon because of the fall from the bike. Injury can also result when the motorcycle lands on top of the driver. Injury to the pelvis is a relatively common lower-extremity injury following a motorcycle accident. Severe damage to the pelvis could force a biker to use crutches or a cane for the rest of his or her life, so it’s important to wear long pants and appropriate shoes when riding a motorcycle.

5. Biker’s Arm

When a biker begins to lose control of his motorcycle and fall sideways, his first instinct is usually to reach out to steady himself. This is a natural human reaction. Unfortunately, the force of the fall often means doing this causes more harm than good, including broken wrists, arms, and elbows and long-term nerve damage.

Motorcycle accidents often result in serious or life-threatening injuries. If you or a loved one was involved in an accident, call a motorcycle wreck attorney at Williams Elleby Howard & Easter today at 833 – LEGALGA for a free consultation.

Types of Damages After a Car Accident

Injured person with cast on arm standing in front of a severely damaged red car.

Damages after a car accident can be substantial in terms of physical injuries and financial losses. Thankfully, you can pursue compensation for these damages in a car accident claim in Georgia. Financial compensation cannot put many aspects of your life back together after a serious accident, but it can help with medical bills and other expenses.

Medical Expenses

After a serious accident, medical expenses can be one of the most significant damages in your car accident claim. Ambulance and emergency room fees are expensive, and you may be surprised at how quickly medical care expenses add up. Even routine follow-up care can strain virtually any budget.

You may also require medical care in the future. Predicted future medical expenses can be included in your award for damages, but you may have to hire an expert to provide an opinion on the amount of medical care you will need and an estimated cost.

Medical expenses include costs that you may not typically associate with medical care, including:

  • Physical or cognitive therapy
  • Medical devices such as heating pads, walkers, or wheelchairs
  • In-home services
  • Home accommodations for a new disability

Lost Wages

After a car accident, you may need to take time off from work to recover. Any time that you miss from work because of your accident should be documented so that you can file a claim for the wages that you would have earned if the accident had not occurred. You can also file a claim for future lost wages.

Damages for lost wages extend beyond simply missing days from work. They also apply to situations in which your entire career must change because of your accident. Factors such as a decrease in salary or an inability to continue a career will influence the amount of damages awarded for your Georgia car accident claim.

Property Damage

You can also recover for any damage to property after a car accident. In most cases, this will include your vehicle and any contents inside of your vehicle that were lost or damaged. They can also include property, such as buildings or other stationary objects, that were damaged in the accident.

General Damages

Pain and suffering is perhaps the most well-known general damage. It comprises a separate category of damages, but it is often associated with medical expenses. You can be compensated for the physical and mental anguish the injury caused. It is difficult to pinpoint exactly how much pain and suffering is worth, but your Georgia car accident lawyer can help you come up with an estimate that includes future pain and suffering.

Other general damages include losses that are difficult to place a monetary value on, including the following:

  • Loss of companionship
  • Loss of consortium
  • Physical disfigurement
  • Reduced quality of life

For example, if your loved one was involved an accident that left him in a vegetative state, you may be able to file a claim for the loss of the companionship, friendship, and love that your spouse or child would have provided to you if the accident had not occurred.

A Georgia personal injury attorney will be able to evaluate your case and explain which damages may be available to you based on your unique situation. Call the Kennesaw Car Accident Attorneys at 833 – LEGALGA for more information and a free consultation.