CAR ACCIDENT ATTORNEY IN KENNESAW GEORGIA
If you need a car accident lawyer in Kennesaw, Georgia, you have come to the right place. Our attorneys live and work in Kennesaw. Kennesaw is our home and we love helping our Kennesaw neighbors who have been injured in automobile wrecks.
However, we know you have questions. What do I do? Who can I trust? Should I talk to the insurance company? How do I find the best doctor for my injuries? How do I handle medical bills after a car accident? Every concern you have after a Kennesaw car accident is valid but you can take a deep breath and relax because we are here to help.
Car accidents are one of the most litigated types of civil claims in Georgia. We can help you with every step of the claims and litigation process in order to maximize your recovery. We have the track record and satisfied clients to prove it.
Here are a few tips to help you understand what you need to know after a Kennesaw car accident:
WHAT NOT TO DO AFTER A KENNESAW CAR ACCIDENT
First, do not ignore your injuries after a Kennesaw car accident. Ignoring any injury is bad for your health. Also, the failure to seek medical care for injuries after a car accident can hurt your personal injury claim. Most insurance companies will require documentation of your injuries after a Kennesaw car accident and medical records and bills are the best way to prove the type and extent of your injuries.
Secondly, do not give a recorded statement to the at-fault driver’s insurance company without first speaking to car accident attorney. If the adverse insurer calls quickly and you have not been able to speak to an attorney, just remember that the other insurance company isn’t on your side. However, you may have a contractual duty to speak with your own car insurance company to preserve any potential uninsured motorist claim if you have been hit by an underinsured driver. In either event, after a car accident in Kennesaw, call a lawyer before you agree to a recorded statement.
Third, do not sign any document that the at-fault insurance company sends to you after a Kennesaw car wreck. Any competent car accident attorney will know exactly what information you should provide to the insurance company after a car crash in Kennesaw.
Finally, do not accept any payment from the at-fault insurance company after a Kennesaw car accident without speaking to an attorney. Oftentimes, the at-fault insurer will send a small check to settle your claim before you know the full extent of your injuries. If you accept the small check, you will likely be barred from seeking additional money in the future if your injuries are worse than you think.
THE MOST IMPORTANT THINGS TO REMEMBER AFTER A KENNESAW GEORGIA CAR ACCIDENT
- Never leave the scene;
- Call 911: You are legally required to report most car accidents in Georgia that result in personal injuries or property damage in excess of $500.00;
- Take pictures: We have all heard the phrase “A picture is worth a thousand words.” This is especially true in Kennesaw car accident claims. Pictures are often the most valuable evidence for proving fault and liability;
- Exchange information with the other driver: Ask for their phone number and insurance information. Sometimes police officers put the wrong information in accident reports so make sure you gather this at the scene;
- Get the names and contact information for any witnesses;
- Notify your insurance company. In order to preserve liability and UM coverage, your automobile insurance contract most likely requires you to notify your insurance company within a certain time period. Make sure you make the notification in a timely matter so your insurance company will not deny coverage;
- Do not admit fault. Even if you think the wreck is your fault, don’t admit it at the scene;
- Seek medical care if you are injured. If you wait too long to seek treatment, the adverse insurance company will use this against you in settlement negotiations and at trial;
- Keep an information file. Document everything after a Kennesaw car accident. Note every phone call, letter, and email. Save every record, bill, and photograph. You will need them if you pursue a claim;
- Hire a car accident attorney in Kennesaw. You can call the Cobb County Bar Association Referral Service for recommendations or you can reach us at 833-LEGALGA.
THE THREE STAGES OF A KENNESAW GEORGIA CAR WRECK CLAIM
There are three stages to Kennesaw car wreck claims: (1) The Pre-Suit Stage (2) The Litigation Stage, and (3) The Trial & Appeal Stage.
The pre-suit stage is where is where your attorney will complete the initial investigation of your case. This will involve gathering all insurance information, gathering publically available information about the wreck (e.g. accident reports, 911 calls, dash camera footage, etc.), interviewing witnesses, and hiring any experts that may be needed.
During the pre-suit stage, our Kennesaw Georgia car accident attorneys will also send a pre-suit settlement demand under O.C.G.A. § 9-11-67.1 to try and obtain a fair settlement without filing a lawsuit. If a fair offer is made by the at-fault driver or their insurance company, the case will settle and our attorneys will work to finalize the settlement as quickly as possible, taking into account any remaining medical bills or health insurance liens.
If the at-fault party does not make a fair offer after a Kennesaw car accident, our attorneys will file suit on your behalf and with your approval. During the lawsuit process, the parties will conduct discovery which lasts for at least six months. Discovery is the time period where attorneys will exchange information and take depositions. Once discovery is over, most trial courts will order you to mediate any car accident claim. If your case does not settle during discovery or at mediation, your lawyer will begin working with you to prepare for trial.
The third stage of the Kennesaw car accident claims process involves trial and any potential appeal. For nearly every litigant, a jury trial is the most intimidating part of any lawsuit. This is understandable because a trial is the time where a jury of your peers will determine the outcome of your case. By the time trial comes around, your Kennesaw car accident lawyer should be prepared for battle because all of the evidence is neatly organized, witnesses are subpoenaed, pre-trial motions are filed, and he or she knows your case inside and out.
Most Kennesaw car accident cases are filed in the State Court of Cobb County. The trial of a Kennesaw car accident case is divided into 7 parts and all are important: (1) Voir Dire or Jury Selection, (2) Opening Statements, (3) Plaintiff’s Case in Chief, (4) Defendant’s Case in Chief, (5) Closing Arguments, (6) Jury Instructions, and (7) The Verdict. Make sure you hire a lawyer who tries case. Jury trials are complicated and you need a lawyer who knows how to try a case.
Sometimes a litigant will appeal the verdict in a Kennesaw car accident case. If this happens, the case will be appealed to the Georgia Court of Appeals. If a party believes that the Court of Appeals’ decision is incorrect, it can petition the Georgia Supreme Court for certiorari. This means that the party is asking the Georgia Supreme Court to exercise its discretion and accept the case.
The appellate court will normally do one of three things on appeal: (1) Affirm the judgment, (2) Reverse the judgment and require a new trial, or (3) Reverse the judgment with direction that judgment be entered for the appealing party. If a new trial is granted, the case is sent back to the trial court for a new trial.
CALL OUR KENNESAW CAR ACCIDENT ATTORNEYS TODAY FOR A FREE CONSULTATION
If you or a loved one have been injured in a Kennesaw car accident, Williams Elleby Howard & Easter is here to help. You can reach us at 833-LEGALGA to schedule your free consultation.
