Posted on Monday, July 8th, 2024 at 4:16 pm
Were you injured in an accident caused by someone else’s negligence? If so, you’re likely wondering what to do after an accident that is not your fault. Simply put, you should gather evidence, seek medical treatment, and contact a Georgia car accident attorney. Do you make a claim if it’s not your fault?
Doing these three things gives you the best chance of having a successful personal injury claim and recovering compensation for your injuries.
Gather Evidence from the Scene
One of the first things you should do is gather evidence from the accident scene. Gathering evidence includes taking pictures and videos of the property damages and collecting eyewitness contact information. Also, call the police authority and report the accident.
If you were in a motor vehicle accident, take pictures of the accident. If you slipped or tripped and fell on someone else’s property, take photos of the hazard that caused your fall, such as a wet floor or uneven surface. And if a defective product injured you, take pictures of the defect.
You should also take photos of your injuries as soon as possible to document their severity. You may also want to take photos throughout your treatment to demonstrate the necessity and success of that treatment.
Finally, gathering eyewitness contact information will allow your attorney to contact them for their statements later. While eyewitness testimony isn’t always the best evidence, it’s powerful when corroborating other kinds of evidence. This will also help against the fault driver’s insurance company.
Seek Ongoing Medical Treatment
Beyond the immediate medical treatment you should seek directly after an injury, you should continue receiving treatment until you fully recover. This ongoing treatment benefits not only your health but also your legal claim.
When you seek medical treatment, you create a paper trail of your injuries (and treatments). It will be difficult for an insurance company to claim that you weren’t injured in the accident if you can point to your medical records that state otherwise. This will help with your insurance coverage.
Your medical bills will also be important when it comes time to calculate your medical expenses. Your attorney will use these bills and the treatments your doctors believe you need to estimate your future medical costs.
Contact an Attorney
Not every injury claim requires an attorney. Almost every claim will go smoother, however, if you have an attorney. When you hire an attorney, they will assist you in the following ways:
- Your attorney will provide legal advice when you need it and will make sure you’re always making informed decisions.
- Your attorney will gather evidence supporting your claim, including eyewitness statements, pictures of the scene, video of the accident from nearby security and traffic cameras, and more.
- Your attorney will hire expert witnesses to testify on parts of your case that require specialized knowledge. These expert witnesses may be medical professionals, financial advisors, or car crash reconstruction specialists.
- Your attorney will represent you in negotiations with the insurance company and make sure they don’t give you a lowball settlement offer. Never speak to an insurance company without first consulting with your attorney.
- Your attorney will present your case in court before the judge and jury and seek maximum compensation.
Proving Fault after an Accident in Georgia
The evidence you and your attorney gather is vital for proving fault after an accident. If you don’t prove that the other party is at fault for your injuries, you won’t be able to recover compensation for lost wages, medical bills, and other damages.
Proving the other driver is at fault can go beyond identifying a single person responsible, however. In some cases, multiple parties may share fault. According to Georgia law, when multiple parties share fault, each party is liable for their percentage of the fault.
For example, let’s say you suffered injuries in a car accident. The other driver maybe 75% at fault for your injuries, and the manufacturer of an airbag that didn’t deploy maybe 25% at fault. Your attorney must file claims against them to recover 100% of your damages.
Additionally, Georgia is a comparative fault state. This means that your compensation decreases based on your percentage of fault in the accident. An essential role of your attorney is to limit your percentage of fault as much as possible so you can recover the maximum compensation.
Contact our Atlanta, Georgia, Personal Injury Attorney
If you suffered injuries in an accident caused by someone else’s neglect, contact Jonathan R. Brockman, P.C. at (770) 205-8827 or through the online form for a free consultation. One of our attorneys will evaluate your case, explain your legal options, and answer any questions you have. The law firm has experience in dealing with similar notable cases with favorable results.