KENNESAW, GA Car Accident Attorney
The moments after a car accident are often a blur of confusion, shock, and pain. Your immediate concern is getting medical attention and ensuring everyone is safe. But in the hours and days that follow, the reality of the situation begins to set in. Having an experienced and compassionate Kennesaw, GA, car accident lawyer on your side can make a big difference, allowing you to focus on your recovery while a dedicated legal advocate fights for your rights.
As medical bills start to arrive, you may be unable to work, and the stress of dealing with an insurance company can feel overwhelming. Whether your collision occurred on the heavily trafficked lanes of Cobb Parkway, at a busy intersection on Cherokee Street, or during rush hour on I-75, your life can be turned upside down in an instant. You do not have to navigate this challenging time alone.
If you or a loved one has been injured, we invite you to contact Williams Elleby Howard & Easter for a free, no-obligation consultation to discuss your case.
Why Choose Williams Elleby Howard & Easter for Your Car Accident Case
Choosing the right legal team to represent you after a car accident is one of your most important decisions right now. At Williams Elleby Howard & Easter, we believe you deserve a law firm combining powerful advocacy with genuine, personal attention. Our commitment to our clients is the foundation of our practice and is reflected in everything we do.
Here’s why so many people in Kennesaw and throughout Cobb County trust us to handle their cases:
- You Are More Than a Case Number: To us, you are a neighbor in need. We take the time to listen to your story, understand how the accident has impacted your life, and learn about your goals for the future to build a case strategy explicitly tailored to your unique circumstances.
- A Proven Track Record: While every case differs, our history of securing favorable client outcomes speaks to our dedication and legal acumen. We have successfully obtained millions of dollars in settlements and verdicts for individuals and families, helping them secure the necessary resources to rebuild their lives.
- We Are Trial-Ready Attorneys: Many personal injury claims are settled out of court. However, insurance companies are far more likely to offer a fair settlement when they know your attorneys are fully prepared and willing to take a case to trial. Our litigation experience clearly conveys that we will not back down from a fight to protect your interests.
- No Fee Unless We Win for You: We handle all car accident cases on a contingency fee basis. This means you pay absolutely no upfront costs or attorney’s fees. We only get paid if we successfully recover financial compensation for you. This arrangement removes the financial risk and allows you to access high-caliber legal representation when you need it most.
What is a Car Crash Claim?
A car crash claim is a formal request for financial compensation to cover the losses you suffered from an accident caused by another party’s negligence. This process is rooted in Georgia’s “at-fault” insurance system. It is not an automatic process; it is a legal procedure that requires evidence, negotiation, and a deep understanding of state law to navigate successfully. The goal is to hold the responsible party financially accountable for the harm they have caused, including your physical, emotional, and financial damages. The vast majority of these claims begin with the at-fault party’s insurance provider and can proceed through several distinct phases.
Georgia’s At-Fault Insurance System
Georgia is an “at-fault” state, which means the person who is legally responsible for causing the accident is also responsible for paying for the damages. Unlike “no-fault” states where your own insurance covers your initial bills regardless of who was at fault, in Georgia, you must seek compensation directly from the at-fault driver and their insurance company. This makes proving fault an essential first step in any successful claim.
The Insurance Claim Process
Initially, your attorney will file a claim with the at-fault driver’s auto insurance company. This involves sending a formal notification, gathering all relevant evidence like the police report, medical records, and witness statements, and calculating the full extent of your damages. The insurance company will assign an adjuster to the case, who will conduct their own investigation to minimize the amount their company has to pay.
Negotiating a Settlement
Once your medical treatment is complete or you have reached Maximum Medical Improvement (MMI), your attorney will submit a detailed demand package to the insurance adjuster. This package outlines the facts of the case, establishes the other driver’s liability, and demands a specific amount in compensation. Now, negotiations begin. Our attorneys are skilled negotiators who will counter lowball offers and fight for a fair and just settlement.
Filing a Personal Injury Lawsuit
If the insurance company refuses to offer a fair settlement or disputes liability, the next step is to file a personal injury lawsuit. This moves the case from the insurance company’s hands into the formal court system. While filing a lawsuit can seem intimidating, it is a powerful tool that often prompts the insurer to negotiate in good faith. Even after a lawsuit is filed, a settlement can still be reached at any point before a trial verdict.
Do I Have a Viable Auto Accident Case?
This is one of the most common and important questions we hear. Just because you were in an accident does not automatically mean you have a case. To have a successful personal injury claim in Georgia, you and your attorney must be able to prove four key elements of negligence:
- Duty of Care: You must show that the other driver owed you a legal “duty of care.” This is the easiest element to prove in a car accident case, as all drivers on Georgia roads have a duty to operate their vehicles safely and follow all traffic laws, such as obeying speed limits and traffic signals.
- Breach of Duty: Next, you must prove that the driver breached, or violated, this duty of care. This is the negligent act itself. Examples include texting while driving, speeding, running a red light, driving under the influence of alcohol, or following too closely.
- Causation: Your lawyer must establish a direct link between the other driver’s breach of duty and your injuries. In other words, you must prove that their negligent action was the direct and proximate cause of the crash and the harm you suffered.
- Damages: Finally, we must demonstrate that you suffered actual losses, known as “damages,” due to the accident. These can be economic (like medical bills and lost income) or non-economic (like pain and suffering).
You likely have a strong and viable car accident case if all four elements can be proven with credible evidence.
Who May Be Held Liable in a Kennesaw Car Accident Claim?
While the other driver is the most common at-fault party in a car crash, they are not always the only one. A thorough investigation may reveal that additional individuals or entities share responsibility for causing the accident and your resulting injuries. At Williams Elleby Howard & Easter, we are committed to identifying all potentially liable parties to maximize your potential for a full recovery.
Depending on the specific circumstances of your crash, liable parties could include:
- The Other Driver: A driver who was speeding, distracted, intoxicated, or otherwise driving recklessly can be held directly liable.
- The Driver’s Employer: If the at-fault driver was working at the time of the crash, their employer can often be held vicariously liable for their employee’s actions under a legal doctrine known as “respondeat superior.”
- A Vehicle Manufacturer: If the accident was caused or made worse by a defective vehicle part, such as faulty brakes, the manufacturer of the car or the specific part may be held liable through a product liability claim.
- A Government Entity: Poor road design, a lack of proper signage, a malfunctioning traffic signal, or a large pothole that wasn’t repaired can contribute to a crash. In these cases, the city, county, or state government agency responsible for road maintenance could be liable. Claims against government entities in Georgia have unique rules and shorter deadlines, making it crucial to act quickly.
What Damages Are Available in a Kennesaw, GA, Auto Crash Lawsuit?
We’ll help you file a car accident claim to recover compensation for the full scope of your losses. In Georgia, these losses are categorized as “damages.” Our legal team works closely with you, your doctors, and various financial professionals to calculate the total value of your claim, ensuring no detail is overlooked. Your recoverable damages may include:
- Economic Damages: These are the tangible, verifiable financial losses you have incurred. They have a clear monetary value and can be proven with receipts, bills, and pay stubs. Examples include:
- All past and future medical expenses (ambulance rides, ER visits, surgery, hospitalization, physical therapy, medication, etc.)
- Lost wages and income from being unable to work
- Loss of future earning capacity if your injuries prevent you from returning to your job or require you to take a lower-paying position
- Property damage, primarily the cost to repair or replace your vehicle
- Non-Economic Damages: These damages are more subjective and compensate you for the intangible, personal losses you have suffered. While they don’t have a specific price tag, they are very real and can be the most significant component of a serious injury claim. They include:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Permanent disability, scarring, or disfigurement
- Loss of consortium (for the impact on a marital relationship)
- Punitive Damages: In rare cases where the at-fault party’s conduct was particularly willful, malicious, or reckless, a court may award punitive damages. These are ordered to punish the wrongdoer and deter similar conduct in the future. Drunk driving or street racing are examples of conduct that might warrant a punitive damages claim.
What If I’m Partly to Blame for My Accident Injuries?
This is a common concern for accident victims. You might worry that because you were going slightly over the speed limit or were momentarily distracted, you have forfeited your right to compensation. Fortunately, Georgia law follows a “modified comparative negligence” rule, which may still allow you to recover damages even if you were partially at fault.
Under this rule (O.C.G.A. § 51-12-33), you can recover damages if you are found to be less than 50% responsible for the accident. Your total compensation award will then be reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you are barred from recovering any compensation. Insurance companies often try to exploit this rule by shifting as much blame as possible onto the victim to reduce or deny a claim. This is a critical reason why having a skilled attorney to protect you from unfair blame is essential.
What is the Deadline for Filing a Car Accident Lawsuit in Kennesaw, GA?
In Georgia, you have a limited time window to file a personal injury lawsuit, known as the statute of limitations. For most car accident cases, the deadline is two years from the date of the injury. If you fail to file a lawsuit within these two years, you will almost certainly lose your legal right to seek compensation forever.
While two years may seem like a long time, it can pass quickly when focused on medical treatment and recovery. It is vital to contact an attorney as soon as possible. A prompt investigation allows your legal team to preserve crucial evidence, interview witnesses while their memories are fresh, and build the strongest case before this critical deadline expires. There are very few exceptions to this rule, so it is imperative not to delay.
How Much Does It Cost to Hire a Car Crash Injury Attorney in Kennesaw, GA?
At Williams Elleby Howard & Easter, we firmly believe everyone deserves access to high-quality legal representation, regardless of their financial situation. We handle all car accident cases on a contingency fee basis.
This means:
- No Upfront Costs: You do not pay us anything out of your pocket to start your case. We cover all the initial expenses of investigating and building your claim.
- No Attorney’s Fees Unless We Win: We only get paid if we successfully recover financial compensation for you through a negotiated settlement or a court verdict.
- Our Fee is a Percentage: Our fee is a pre-agreed-upon percentage of the total amount we recover for you.
This fee structure aligns our interests with yours. We are motivated to secure the maximum possible compensation for you because our success is directly tied to your success.
How a Williams Elleby Howard & Easter Lawyer Can Help You
When you hire our firm, you are not just getting a lawyer; you are getting a dedicated team that will handle every aspect of your case so you can focus on healing. We will:
- Conduct a Comprehensive Investigation: We immediately gather all evidence, including police reports, photos, and videos from the scene, witness statements, and vehicle data.
- Identify All Liable Parties: We look beyond the other driver to see if other entities, like an employer or manufacturer, share responsibility.
- Handle All Communications: We oversee all communications with insurance companies, claims adjusters, and opposing counsel. You will no longer have to deal with harassing phone calls or pressure tactics.
- Accurately Calculate Your Damages: We work with you and your medical providers to document the full extent of your physical, emotional, and financial losses.
- Negotiate Aggressively: We leverage our experience and the strength of your case to negotiate for a full and fair settlement.
- Litigate If Necessary: If a fair settlement cannot be reached, we are always prepared to file a lawsuit and present your case persuasively in court.
Contact the Trusted Kennesaw, GA Car Accident Lawyers at Williams Elleby Howard & Easter Today
Facing the aftermath of a serious car accident alone can be an isolating and daunting experience. Let our compassionate and determined legal team lift that burden from your shoulders. We will stand by your side, provide the guidance you need, and fight tirelessly to secure the justice and financial resources you deserve.
Your future well-being is too important to leave to chance or place in the hands of an insurance company focused on its profits. Consult personal injury lawyers in Kennesaw, GA at Williams Elleby Howard & Easter today, call at (404) 389-1035 or complete our online contact form for a free, confidential, and no-obligation case evaluation.
Kennesaw, GA Car Accident Lawyer FAQs
Even if you believe an accident was minor, it is always wise to consult with an attorney. Some serious injuries, like whiplash or internal damage, may not present symptoms for days or even weeks after the crash. Also, insurance adjusters are trained to minimize payouts, and your “minor” case can quickly become complex if the insurer disputes fault or the value of your injuries. A free consultation can help you understand your rights and avoid costly mistakes.
Probably not. Insurance companies often make quick, lowball offers to close a case before the full extent of your injuries and financial losses are known. Once you accept a settlement, you cannot seek any further compensation, even if your medical condition worsens. It is crucial to speak with an attorney before signing any documents or accepting any payment to ensure the offer is fair and covers all of your current and future needs.
Williams Elleby Howard & Easter – Kennesaw Office
3450 Acworth Due West Road, Ste. 610
Kennesaw, GA 30144
P: (404-389-1035)
