Car Accident Law Firm In Kennesaw

 Looking for a Car Accident Lawyer in Kennesaw, GA?

Auto accidents have the potential to dramatically alter your life and that of your loved ones. The emotional distress, physical injuries, and financial burdens can be overwhelming without the right legal support. At The Mabra Firm, our team of dedicated Kennesaw car accident lawyers is committed to providing compassionate legal assistance to all accident victims in the metro Kennesaw area. According to the National Center for Health Statistics, approximately 40 million people require medical assistance for personal injuries each year, with around 5.5 million of those cases arising from car accidents.

This high prevalence of motor vehicle accidents often leads victims of negligence to seek the help of a personal injury law firm to file a claim. As they navigate this complex process, numerous questions inevitably arise about the legal system and its intricacies.

Filing a claim can be a labyrinthine endeavor, and if you're grappling with questions about your accident, your search ends here. Our car accident law firm is here to provide answers to your most frequently asked questions. Let's start by understanding the steps you should take after being involved in an auto accident.

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What to Do After a Car Accident in Kennesaw

The moments immediately following a car crash are critical, yet they can be disorienting and distressing. Our Kennesaw car accident lawyers recommend the following seven steps:

1. Call Emergency Services: Dial 9-1-1 immediately to request an ambulance to the accident scene. It's crucial to ensure the safety and well-being of all involved parties, as some injuries may not manifest immediately.

2. Exchange Information: While awaiting medical attention, gather the other driver's information. Make sure to collect their name, phone number, address, license plate number, and insurance company details. This data is essential for both immediate reporting and potential future claims.

3. Preserve Evidence: Refrain from allowing anyone to alter the accident scene. Document the scene by taking photos of your vehicle and any relevant debris. This evidence may prove valuable in supporting your claim later.

4. Cooperate with the Police: Share all pertinent details of the accident with the responding police officers, as they will create an official police report. You can request a copy of this report to aid in your insurance claim.

5. Photograph Damages: Capture clear images of your vehicle's damages to substantiate claims regarding personal property damage.

6. Contact Your Insurance Company: Inform your insurance provider about the accident, but it's advisable to consult with a lawyer before making any formal statements to ensure your rights are protected.

7. Consult with an Attorney: Before engaging in discussions with the insurance companies, seek legal counsel. An attorney can provide invaluable guidance on navigating the complexities of your claim.

How Does a Car Accident Claim Begin?

After contacting your insurance company and reaching out to The Mabra Firm, the process of initiating a personal injury claim commences. Typically, this begins with the filing of a summons and the serving of a complaint to the at-fault party.

Exceptions may arise, particularly in cases involving multiple parties or when the at-fault party was acting in an official capacity as an employee. In such instances, your attorney will explore whether the responsible party has uninsured or underinsured coverage. If so, their insurance provider may also be served with a complaint.

In cases where the at-fault party lacks insurance, you may need to file a personal injury claim with your insurance company. In most cases, your auto insurance policy should provide necessary compensation for injuries and damages sustained.

Understanding Damages in Car Accident Cases

Following a car accident, there are two main categories of damages: general damages and special damages. Damages refer to the monetary compensation awarded in a case. Let's delve into these two types:

General Damages encompass physical injuries and related suffering. These damages do not include personal property damage but rather provide compensation for the pain and suffering endured. General damages may include:

• Loss of Consortium
• Pain and Suffering
• Disfigurement
• Mental Trauma
• PTSD

Calculating general damages can be challenging due to their subjective nature. Determining the value of physical health and mental well-being is intricate and may take time. Mental trauma, including PTSD, can manifest weeks or even months after the accident. Be vigilant in monitoring your mental health, especially if you develop a fear of driving or being in a car.

Special Damages encompass concrete expenses such as medical bills and property damage. If your accident necessitates hospitalization, the at-fault party is responsible for covering your hospital expenses. Special damages also cover:

• Vehicle Repairs
• Damaged Property Repairs
• Compensation for Irreplaceable Items

Calculating special damages is generally more straightforward than determining general damages, as these are tangible costs that can be precisely quantified.

Is My Car Accident Case Criminal or Civil?

Car accident cases can fall into one of two categories: criminal or civil. The distinction hinges on several factors. Criminal cases are typically initiated by state government agencies and are prosecuted by government-appointed attorneys. A common example of a criminal car accident case is a DUI (Driving Under the Influence) incident. Driving under the influence of drugs or alcohol is illegal, and attorneys treat DUI-related accidents as criminal cases.

Conversely, civil claims are pursued by individuals or private entities, such as law firms, with the aim of holding the responsible party accountable for injuries and damages. To succeed in a civil case, you must provide evidence, such as photographs, police reports, and statements, that substantiates your innocence and demonstrates the negligence of the other party.

Understanding Tort Laws

Tort laws pertain to acts of negligence that result in personal injury. These laws exist to protect and provide compensation to injured parties. In the context of motor vehicle accidents, negligent tort law becomes relevant. This means that accidents occur due to a driver's failure to adhere to road safety regulations. To establish a negligent tort, there must be evidence of bodily harm or property damage caused by the driver's negligence.

Will My Case Go to Trial?

The majority of car accident cases do not proceed to trial. While a trial date may be scheduled, most claims are resolved through settlement negotiations long before a courtroom appearance becomes necessary. Trials are typically reserved for cases presenting complex legal issues or when both parties cannot reach a mutually acceptable settlement agreement. In most cases, working with the opposing party to arrive at a fair settlement is the preferred outcome.

Understanding the Statute of Limitations in Georgia

Georgia imposes a statute of limitations, which sets a time limit for initiating legal action. In the state of Georgia, you have a two-year window to file a claim for damages or wrongful death stemming from a car accident. It's important to act promptly within this timeframe, as failure to do so may render you ineligible to pursue legal recourse.

What Is Comparative Negligence in Kennesaw, GA?

Comparative negligence is a legal principle applied in cases where both parties share responsibility for an accident. Under comparative negligence, each party is assigned a percentage of fault for the incident. For example, you may be found 40% at fault, while the other party is deemed 60% responsible. Damages are then calculated based on these percentages, and each party is responsible for paying their designated share.

If you have more questions regarding comparative negligence, seek further information to understand how it may apply to your specific circumstances.

Should I Accept the First Settlement Offered to Me?

After an accident, the other party's insurance company may extend a settlement offer relatively quickly. However, it is generally advisable not to accept this initial offer. Insurance companies often aim to minimize payouts and may offer a settlement that falls short of fully compensating you for your losses. To ensure you receive fair compensation, it's in your best interest to consult with an attorney from The Mabra Firm who can navigate the legal process and negotiate on your behalf. Our experienced team understands the intricacies of insurance negotiations and will work diligently to secure the maximum compensation you deserve.

What Is an Average Settlement?

Settlement amounts vary widely based on the unique circumstances of each case and the extent of damages incurred. On average, settlements can range anywhere from $4,000 to $80,000. To bolster your case and increase the likelihood of a favorable settlement, consider collecting evidence such as witness statements, reports, and photographs. Familiarize yourself with Georgia state laws and maintain ongoing communication with your attorney to ensure a well-organized and thorough approach to your claim.

How Long Will It Take to Receive My Settlement?

In Georgia, insurance companies typically have up to 40 days to settle a claim. Once you approve their decision, you can anticipate receiving a settlement check within six weeks to four months. While settlements are generally not processed rapidly, working with a car accident attorney can streamline the legal process and expedite your case.

How Much Can I Receive for a Whiplash Injury?

If you suffer from whiplash symptoms, you may be eligible to file a claim and potentially receive a settlement ranging from $3,000 to $10,000. However, the settlement amount may vary depending on the severity of your whiplash and any accompanying injuries. It's important to note that settlement funds are typically disbursed following an agreement and may not be immediately available.

Do You Need a Car Accident Lawyer?

While it is possible to pursue compensation without legal representation, enlisting the services of a car accident lawyer is often essential to ensuring you receive the compensation you deserve. Car accident attorneys possess expertise in navigating the legal complexities of personal injury cases. They can advocate on your behalf, interpret laws and statutes, and handle all aspects of your case, reducing the burden on you as you focus on your recovery. Hiring a lawyer maximizes your chances of securing a favorable outcome.

Understanding the Cost of a Car Accident Lawyer

Many Kennesaw lawyers offer representation on a contingency basis, meaning they do not require upfront fees or hourly charges. Instead, they agree to represent you with the understanding that they will receive a portion of your settlement or award if your case is successful. If your case does not yield a favorable outcome, you are not obligated to pay legal fees. Partnering with a reputable law firm ensures that you receive the highest possible settlement amount permitted by law.

How Can a Car Accident Lawyer Assist You?

Collaborating with a seasoned personal injury attorney from The Mabra Firm can ensure a smooth and successful resolution of your case. Our local personal injury lawyers possess a strong track record in maximizing compensation for our clients, and we have extensive experience handling personal injury cases stemming from car accidents, truck accidents, motorcycle wrecks, and other personal injury incidents. By enlisting the assistance of an attorney, you can avoid the complexities of legal procedures, damages assessment, and statutory requirements. Our dedicated team will work diligently to strengthen your claim, allowing you to focus on your recovery and well-being.

Schedule a Free Consultation with a Car Accident Lawyer in Kennesaw

This comprehensive guide aims to address the critical questions frequently posed by personal injury accident victims. We trust that it has provided valuable insights. Keep in mind that securing proficient legal representation is crucial when seeking redress for a negligent act.

If you have recently been involved in a car accident and believe the other party is at fault, The Mabra Firm offers a trusted auto accident attorney in Kennesaw ready to assist you. Do not hesitate to contact us for a complimentary consultation. We are here to address any additional inquiries you may have and guide you toward the path to rightful compensation.