MILLIONS RECOVERED FOR OUR CLIENTS
Atlanta Car Accident Attorneys
Experienced Representation for the Most Serious Accidents in Georgia
Here at The Kalka Law Group, we have built a reputation for fighting for car accident victims' rights. Whether you were injured in an Uber or Lyft accident, a hit-and-run with a drunk driver, or you were simply just in a car accident that you know wasn’t your fault, we can help.
Our Atlanta car accident lawyers have earned recognition due to our dedicated representation, including:
- Awarded with The National Trial Lawyers: Top 100 Lawyers
- Inclusion in Georgia Trend's Legal Elite
- Named in the Top 1% of America's Most Honored Professionals
- Members of the Million Dollar Advocates Forum® for recovering millions
- Selection to Georgia's Super Lawyers®
If you have been injured in a car crash in the Atlanta area, contact The Kalka Law Group – Personal Injury & Accident Attorneysas soon as possible. Our experienced team is happy to discuss your case in a free consultation.
Why Work with The Kalka Law Group?
On this page:
- Why You Need an Attorney Right Away
- What is the Purpose of a Car Accident Claim?
- Dealing with Insurance Companies After an Accident
- What is the Georgia Car Accident Claim Process?
- What Do Lawyers Do During a Car Accident Investigation?
- How Long Do You Have to File Your Car Accident Case?
- What Compensation is Available After a Car Accident?
- What is Your Car Accident Case Worth?
- What Are the Steps I Should Take After a Car Accident?
- What Should I Not Do Following a Car Accident?
- How Long Will Your Car Accident Case Take?
- Can a Manufacturer Be Held Liable for an Accident?
- What Happens After My Case?
- How is Liability Determined in an Auto Accident?
As soon as you come to The Kalka Law Group, our legal team will begin the investigation process. Our goal is to uncover if the other driver failed to comply with any Georgia State laws. If they did, then it could be much easier for us to prove their liability.
Our Atlanta car accident attorneys have a track record of being on the scene right away, doing extensive research, and collecting the evidence necessary to win car accident cases. The reason this investigation is so critical is that the at-fault party's insurance will be doing their own investigation as well. More likely than not, they will try to reduce the amount they owe you in compensation, down to $0.
You want a lawyer who will be able to look at police reports or gather witness accounts as soon as possible after your accident. The more time that goes by, the easier it is for things to get missed, lost, or even erased.
YOU WILL NOT PAY ANYTHING UNLESS WE RECOVER COMPENSATION.
The purpose of a car accident claim is to give the injured party an opportunity to pursue justice and compensation for the defendant’s negligence. Compensation can come in the form of economic and non-economic damage. Economic damage relates to things like medical bills, vehicle repair costs, and lost wages. Non-economic damage relates to less concrete harm, like your physical pain and emotional suffering.
You should also know that you are not suing the other driver directly in most cases. You are filing their insurance policy, so most or all of the damages are paid by their insurance company. Don’t feel guilty or hesitate when receiving money from an insurance company. Their purpose is to pay out claims like yours when an accident happens.
After an accident, insurance companies and adjusters will try to pressure you into giving them a recorded statement or getting you to sign paperwork. Do not do it. It is critical that you do not do anything that could hurt your potential case. Insurance adjusters are hired to save their employers money, even if it is at your expense. They know how to settle your claim for as little money as possible.
We Will Deal with the Insurance Companies
To receive compensation after your car accident, you will need to negotiate with the negligent driver's insurance company. Insurance adjusters are in the practice of offering low amounts of money to accident victims. It isn’t personal, though, it’s just in their job descriptions. They know every trick in the book that will help them lessen the amount of compensation they owe you. Oftentimes, an insurance company's offer is woefully less than you deserve and need for recovering from your injuries and loss.
Don’t worry about dealing with insurance adjusters if you hire our Atlanta car accident attorneys, though. We have built our firm on going head-to-head with insurers, so clients can skip this unpleasant part of the claims process.
Our lawyers know how to negotiate with the insurance adjuster in order to secure a just and fair amount.
A car accident claim from the start to a trial can include these steps:
- Filing the initial insurance claim: When a driver is involved in an accident, they should report it to their insurance company to start the process of pursuing compensation. If someone else caused the accident, that party’s insurance company will be involved, too.
- Potential denial of the claim: Because many insurance companies are looking after their own profits, many claims are wrongfully denied each year. This means the claimant will need to use other legal means to get compensation.
- Filing the complaint: To start a personal injury lawsuit, such as after a car accident, the plaintiff (who is the injury victim) or their attorney must file a complaint. This is a document that formally states the allegations against the other party, known as the defendant, and explains the damages that the plaintiff suffered. It is vital that the complaint is written correctly, and also filed and served properly.
- Motion to dismiss: The defendant may try and file a motion to dismiss the case entirely. They’re trying to save money by getting the case removed, as well as delay a potential lawsuit, increasing the claimant’s need for settlement money.
- Discovery process: In this stage of the pre-trial process, both parties in the lawsuit are required to exchange certain information and evidence that are relevant to the lawsuit. The discovery process might include the submission of records and other documents, physical evidence, testimonies, answers to written questions, etc. In a personal injury case, this is an important step for obtaining information that could potentially be used as evidence in the trial. The discovery process also involves the taking of depositions, or recorded statements that involve the parties verbally answering questions while under oath.
- Settlement offer: If the claimant’s legal team can present enough evidence to prove that they have a case, the insurance company may offer a settlement. No offer should be accepted without first running it by the claimant’s attorney, though, because it could be much less than adequate. The claimant might be able to pursue maximum compensation through trial.
- Trial: As for the actual trial itself, the plaintiff will need to be able to effectively argue their case in court. With the help of a knowledgeable lawyer, the injury victim might be able to do this through witness testimony from accident reconstruction experts, medical experts, or other types of professionals. Evidence such as accident reports, the defendant's driving record, photographs, video surveillance, and much more can also be crucial during a trial.
Free Consultation – Proven Results
The Kalka Law Group has recovered millions of dollars for car accident victims throughout Atlanta. If you have been injured, call today to discuss your case during a free consultation.
Under personal injury law, the burden of proof falls on the injured party—the plaintiff. It is up to you to show that someone else should be held accountable for the injuries you sustained. While this may seem like a difficult task, there are a few different things you should know about moving forward. Proving liability is an essential part of your success in pursuing justice and compensation, but many individuals are unaware of which factors are involved.
There are four factors typically involved in proving liability and having a lawyer can help you throughout the process. These four factors also show the importance of gathering specific information after the car accident in order to get the most out of your case. Here are the four main factors of proving liability after a crash that you need to know.
1. PROVING THERE WAS A DUTY OF CARE
The first thing considered when proving liability is whether the defendant had a duty of care to keep the plaintiff safe. While this may be more difficult for certain areas of personal injury law, in car accident cases, it can be an easier task.
In many situations, once someone has a driver’s license, he or she has a duty to operate his or her vehicle in a safe manner with other drivers, motorcyclists, bicyclists, and pedestrians in mind. They must follow all laws on the road and avoid driving recklessly.
After an accident, you should get the responsible driver’s license and take a picture of the information on the license. This can essentially prove that the driver had a duty of care to ensure the safety of all drivers on the road.
2. PROVING THERE WAS A BREACH IN THE DUTY OF CARE
Once you show that a duty of care existed between the defendant and you, the plaintiff, you must show that there was some action that would have breached this duty of care. Typically, this is considered any act of negligence or reckless driving that causes the accident to occur.
When breaking down the potential cause of the accident, keep in mind that a breach in the duty of care can involve any of the following:
- Drinking and driving
- Texting and driving
- Fatigued driving
- Running through traffic signals
- Failing to maintain his/her vehicle
Breaching the duty of care allows for causation in the lawsuit and shows that a party was responsible in one way or another. However, in order to prove a personal injury matter, there are two other factors that must be determined.
3. PROVING THE BREACH IN THE DUTY OF CARE LED TO THE COLLISION
There are many causes of car accidents, including natural situations in which nobody may be held responsible. However, in personal injury law, for a case to be successful, it must be shown that the breach in the duty of care (the negligent action) was the direct cause of the crash.
Consider the following scenario: It’s a rainy day and a vehicle loses control. The result is a serious rear-end collision. If the rain was the sole factor in causing the crash, was there any breach in the duty of care or did the accident occur because of the conditions on the road?
There may be ways to show that there was still negligence involved if the driver wasn’t operating his or her vehicle in a manner considered safe for conditions. For instance, if the driver is speeding in the rain or driving too closely to you, that can be considered a breach in the duty of care which would create causation for the lawsuit.
However, if the car accident was the result of something outside of the defendant’s control, this can impact the claim and/or lawsuit.
4. PROVING THE COLLISION RESULTED IN THE INJURY
If you’re involved in an accident, but you suffer an injury in a separate incident, you cannot file a lawsuit against the party who caused the crash for the injury you sustained. You may be able to pursue property damages, but the lawsuit for the injury must be related to the actual cause of the injury.
As such, it makes it important to get medical help as soon as possible following the collision to receive proper diagnosis of any injury you may have sustained. Your doctor can attest to the cause of the injury and show whether or not it was directly related to the crash.
Once you have the four factors of proving liability in line, you can take action against the responsible party and pursue the outcome you need.
With The Kalka Law Group, you can have strong representation to help you with the evidence you need to prove liability. We have extensive experience helping injured parties pursue the compensation and justice they need to move forward following a serious injury.
Trust in our Atlanta car accident attorneys to guide you throughout the entire process. We know how insurance companies try to disprove the liability of their policyholders and we’ll protect you from the unscrupulous tactics they try to use. We’re ready to help you from start to finish with your best interests in mind.
Call our legal team today at (404) 907-1594 and speak with a dedicated lawyer about the rights and options you have. You’re in good hands with our experienced attorneys and it’ll show every step of the way.
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