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Car Accidents

Atlanta Car Accident Attorneys

Experienced Representation for the Most Serious Accidents in Georgia


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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.


If you have been injured in a car accident, contact our Atlanta car accident lawyers!


Why You Need an Attorney Right Away

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 team has 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.

What Happens When You Call Us After Your Auto Accident?


YOU WILL NOT PAY ANYTHING UNLESS WE RECOVER COMPENSATION.


Complete Legal Support for a Car Accident Trial

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.

woman reporting the car accident that just happened

FAQs:

What Do Lawyers Do During a Car Accident Investigation?

Our legal team looks for the following:

  • Texting while driving or any other form of distracted driving
  • Aggressive or reckless driving
  • Drivers who were impaired by alcohol, illegal drugs, or even prescribed medications
  • Dangerous road conditions, design, defects, or layouts
  • Mechanical failure and defects in automotive design

How Long Do You Have to File Your Car Accident Case?

Generally, you have two years from the date of the accident to file a case for personal injury. If a minor child was involved in the accident, then that child has a longer period of time to file their case, though.

Recently, the Georgia Supreme Court ruled that the time period to bring file a personal injury case can be extended beyond two years depending upon the date of the injury and resolution of the traffic ticket. This new law provides injured victims additional time to select the proper lawyer.

What Compensation is Available After a Car Accident?

Experiencing a car accident can be traumatic and facing the aftermath can be overwhelming. The costs of car repairs or a new vehicle, as well as medical expenses, can become a great burden. This is especially the case if you are unable to work after an injury and are experiencing wage loss.

An experienced attorney may be able to secure your financial compensation for the following:

  • Medical bills
  • Rehabilitation
  • Ongoing care
  • Loss of services
  • Loss of a spouse
  • Lost wages
  • Instances of pain and suffering

What is Your Car Accident Case Worth?

No two cases are the same. Case valuation involves a complex and skilled analysis of the liability issues, causation, and damages that are unique to your case. Our team can examine all factors and help you understand what compensation might be owed to you, as well as your legal rights and options.

Factors to be considered, include:

  • Total economic damages
  • Noneconomic damages related to your injury’s severity
  • Insurance company bad faith
  • Contested liability

What Are the Steps I Should Take After a Car Accident?

The steps you take after your car accident can have a major impact on whether or not you receive a settlement, as well as your physical recovery.

Here is a list of a few of the things you should do after you are injured in an auto collision:

  • Gather as much evidence as possible: Photos of the accident scene and witness contact information are especially useful.
  • Go see a doctor: Waiting too long to obtain medical treatment could result in the insurance company later questioning the validity of your claim.
  • Bill to your insurance plan: When receiving treatment for your injuries, make sure that the medical care is billed to your health insurance plan, as you may end up losing more of your settlement to medical bills if you do not take this step.
  • Contact a car accident lawyer as soon as possible: A lawyer can advise you of the best actions to take to increase your chances of full compensation. An attorney can also deal with the insurance company on your behalf and handle the logistics of your claim or lawsuit.

What Should I Not Do Following a Car Accident?

A car accident can occur at a moment's notice, leaving you in a state of shock with many questions swirling around in your head. “Is my car totaled? How much is this going to cost me? What do I do now? Is it safe to get out of the car? Is the other driver at fault, or am I?”

After the accident, you may know that you need to exchange contact information with the other driver, but there are many things that you should NOT do, including the following:

  • Do not apologize to the other driver.
  • Do not admit fault.
  • Do not forget to find out if there were witnesses.
  • Do not think it's OK to dismiss your injuries.
  • Do not skip immediate medical care.
  • Do not fail to remember the police officer's name and get a police report.
  • Do not post pictures or comments on Facebook or any other social media site.
  • Do not give a recorded statement to the insurance company.
  • Do not sign any paperwork from anyone without having a lawyer review the documents.

How Long Will Your Car Accident Case Take?

The length of time it will take for you to obtain compensation through a personal injury claim or lawsuit will depend on various factors. With both the claims process and the litigation process, a resolution can take just a few months, or it can even take a few years. One major factor that could affect the timeframe of your case is the seriousness of the injuries.

When injuries are serious or catastrophic, it may take a long time before the full extent and effect of the victim's injuries are apparent. It is important that attorneys do not settle or litigate a case before they can prove the full monetary damages (past, current, and future) of the victims' injuries. The injuries will likely need to be proven through medical records and statements or testimony provided by medical professionals.

In the claims process, it can take a great length of time to reach a settlement if the victim and the insurance company are not available to agree on a compensation amount. In litigation, the discovery stage (which involves the exchanging of key information between both sides in the lawsuit) and the stage of getting a date for a jury trial can potentially drag out the process. At The Kalka Law Group, we do everything we can to help the claims or litigation process go as efficiently and smoothly as possible.

Can a Manufacturer Be Held Liable for an Accident?

Car accidents involving an auto part defect are complicated, especially when it comes to recalls for defective parts.

For example, imagine that your accident was caused by an accelerator issue. First, we would need to find out if your vehicle's VIN was involved in a recall that is related to the gas pedal. Unintended acceleration cases have been known to be caused by sticky gas pedals and floor mat obstructions. They also have been caused by human error, as drivers push the gas pedal instead of the brake, so we need to make and prove that distinction.

In order to determine what exactly happened in your case, you should get investigators, software engineers, and a good accident attorney on your side. A full team of legal professionals and outside experts can determine if the manufacturer could be held liable for your auto accident.

What Happens After My Case?

After you receive a settlement or verdict, assuming that your case is a success, entities that paid medical bills on your behalf or provided other benefits might try to seek reimbursement through the compensation award. Some of these entities include health insurance companies, auto insurance companies for medical payments, government-run providers of health benefits(including Medicaid and Medicare, and providers of workers' compensation.

These types of claims for reimbursement can greatly reduce the level at which you are able to benefit from your settlement or verdict award. Our firm can help you explore your options for eliminating or lowering your reimbursement obligations.

Who is to blame for a car accident?

Figuring out who is to blame for a car accident involves uncovering negligence and determining liability. In legal terms, someone acts negligently when they act in a way that another reasonable person would not have, and that decision or action causes someone else to suffer from harm. For example, a person who decides to drink and drive is acting negligently because the average person would not make that choice. Liability is a legal term for “blame” or “fault.” The more someone’s actions contribute to an accident, the more liable they are.

What if I am partly to blame for my car accident?

Georgia is a modified comparative negligence state with a 50% liability threshold. As long as you are no more than 49% liable for your car accident, you can seek a recovery from the other driver. However, any damages you can recover will be reduced by your liability percentage. For example, if you were 20% liable for your crash, then you can still file a claim and potentially recover 80% of your damages.

What are common types of car accidents?

Car accidents take many forms, such as:

  • Drunk driving accidents
  • Distracted driving accidents
  • Exhausted driving accidents
  • Speeding accidents
  • Rear-end collisions
  • T-bone collisions
  • Head-on collisions
  • And more

It is important to work with a law firm with extensive experience with all sorts of car accident types, so you can be confident that they will know how to best handle your case.

What are common car accident injuries?

People who are hit by another driver can suffer a variety of injuries. Typically, the injuries that they suffer will be dependent on the type of impact that happened. For example, whiplash and lower back injuries are common among people who are hit in rear-end accidents. People who are hit head-on, though, might be more likely to suffer broken limbs and a traumatic brain injury.

What if I’m injured in a work-related car accident?

After a work-related car accident, you might be able to recover compensation in two ways. Firstly, you should explore your workers’ compensation policy to see if you can have your medical costs and a portion of your lost wages replaced without needing to prove that you weren’t liable for the crash. Secondly, you should talk to a car accident attorney about filing a claim against the driver who hit you. If you can, you might be able to receive compensation for damages that have not been paid by your workers’ comp benefits.


What You Need to Know About Car Accident Claims in Georgia

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.

Dealing with Insurance Companies After an Accident

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


Why Work with The Kalka Law Group?

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®

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.

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How is Liability Determined in an Auto Accident?

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
  • Speeding
  • 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.

GET OUR ATLANTA CAR ACCIDENT LAWYERS ON YOUR SIDE

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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