Atlanta Auto Accident Attorney: Legal Counsel for Injury Victims
If you or a loved one has become a victim of an injurious car accident, consult with Atlanta car accident attorney Stephen Apolinsky. As an experienced auto accident lawyer who is adept it in personal injury and catastrophic accident cases, has helped car accident victims find both closure and compensation as a result of their traumatic experience.
Atlanta car accident lawyer Stephen D. Apolinsky has tried more than 30 auto accident cases. When individuals have been injured as a result of a car accident in Georgia, the specialized legal services of Apolinsky & Associates, LLC, are here to help. Spanning from cases involving commercial 18-wheeler tractor trailer accidents to routine car collisions, Stephen Apolinsky and his legal team offer the high-degree of legal expertise to handle your automobile accident claim.
Understanding Georgia’s Car Accident Statute of Limitations
Under Georgia’s statute of limitations any lawsuit arising from a car or truck accident or injury must be filed within 2 years (Ga. Code Ann. Sec. 9-3-33). Based on this auto accident statute of limitations in Georgia, if you try to file your lawsuit after the 2 year window, the court will, in most cases, refuse to hear it and you’ll lose any right of getting compensated for your injuries.
Car Accident Victims Should Take Immediate Action
Based on this Georgia statute of limitations alone, it’s best to take legal action regarding your auto accident as soon as possible. At Apolinsky & Associates, LLC, our Atlanta personal injury lawyers take the time to collect evidence and witness statements in pursuit of your car accident lawsuit. We research and investigate all details of the accident to better construct a winning case. We have a history of success helping many Georgians receive compensation from personal injury claims involving catastrophic automobile accidents.
What Should You Do After an Atlanta Car Accident?
1. Seek Medical Assistance
If you were hurt in a traffic collision, you need to seek immediate medical assistance. Beyond anything else, this is important to protect your own health and wellbeing. Car accident injuries are difficult to diagnose, and many victims are far more injured than they initially realize. Professional assistance is a must. Further, you will not be able to bring an Atlanta car wreck injury lawsuit unless you have seen a doctor. With no medical records, there is likely no viable legal claim.
2. Report Your Crash
Under Georgia state law, motor vehicle collisions should be reported to authorities if there was more than $500 in total property damage or there was any sort of injury in the crash. You need to ensure that your injury is reported to state or local police. An officer should be dispatched to the scene to write an official crash report.
3. Exchange Information and Secure Evidence
Auto accidents should also be reported to the appropriate insurance companies. After a collision in Georgia, all drivers involved in the accident have a legal duty to exchange information with all other affected parties. This includes personal identifying information, vehicle information, and insurance information. Injured victims should also attempt to secure other relevant evidence, including photographs of the crash and contact information for any witnesses.
4. Consult With an Atlanta Car Accident Lawyer
Finally, injured car accident victims should not attempt to navigate the claims process alone. You cannot rely on an insurance adjuster for guidance, even if you are making a claim against your own insurance company. These representatives will not be looking out for your best interests. To protect yourself, you should consult with an experienced Atlanta car wreck lawyer.
Why Do Car Accidents Happen?
Car accidents occur for a wide variety of reasons. As such, each traffic collision requires a comprehensive investigation into its specific cause and effects. Still, there is one thing that most car wrecks have in common: Most accidents could have been prevented. In the overwhelming majority of cases, collisions occur because of negligence.
The negligence is usually the fault of a driver. According to a study cited by traffic safety researchers at Stanford Law School, more than 90 percent of all auto accidents are caused by driver error. These errors come in many different forms. Some of the most common examples of driver errors (driver negligence) that cause accidents in Georgia include:
- Running red lights;
- Running stop signs;
- Failure to yield;
- Following too closely;
- Failure to watch for pedestrians;
- Unsafe lane changes;
- Reckless driving;
- Distracted driving, including texting;
- Drugged driving; and
- Drunk driving.
Who is Liable for an Atlanta Car Wreck?
If you were hurt in a car accident in Atlanta, your legal claim will be governed by Georgia state law. As Georgia is a ‘fault’ auto insurance state; you can only hold another party liable for your crash if you can prove that their negligence (unsafe conduct) contributed to the accident. Georgia car accident injury claims are generally brought under the state’s comparative negligence standard (Ga. Code Ann. Sec. 51-12-33). To prove negligence under this standard, your Atlanta traffic collision lawyer will need to establish the following:
- The defendant owed you a duty of care;
- The defendant failed to live up to that legal duty;
- There is a causal connection between the breach of duty and your accident; and
- You sustained real, compensable injuries in the wreck.
Proving negligence requires presenting a strong legal case, backed up by compelling supporting evidence. This is one reason why it is imperative that injured car accident victims obtain immediate legal representation. Establishing negligence can be difficult; the sooner you get your attorney by your side, the sooner your attorney will be able to begin building a winning legal case.
How Much Compensation is Available for Injured Victims?
Under Georgia state law, injured auto accident victims have a legal right to seek money for the full value of their damages. Victims should be paid compensation for both their direct financial losses as well as for their noneconomic damages. In practice, actually getting a full and fair recovery can be immensely challenging. Indeed, in many cases, injured car accident victims are able to get the insurance company to accept liability for the crash, but they soon find out that the insurer only wants to pay them a portion of what they deserve. This is unacceptable.
Injured car accident victims need to work with an aggressive legal advocate who has the skills and experience to get them a just settlement offer. Top-rated Atlanta personal injury attorney Stephen D. Apolinsky and the dedicated personal injury team at Apolinsky & Associates, LLC have helped many car accident victims obtain full compensation for their damages. Depending on the circumstances of your case, this can include money for:
- Vehicle repairs or replacement;
- Medical expenses;
- Costs related to physical rehabilitation;
- Long-term disability benefits;
- Lost income, including diminished future wages;
- Pain and suffering;
- Mental distress;
- Loss of limb; and
- Wrongful death damages.
Consult With Atlanta Car Accident Attorney Stephen Apolinsky Today
When individuals experience serious personal injury matters like injurious car or truck accidents, Atlanta attorney Stephen Apolinsky provides professional legal counsel based on a track record of building cases that result in desirable outcomes. With over 30 years of experience and recognized as one of the Top 100 Trial Attorneys in Georgia, Stephen Apolinsky can provide the legal expertise you need for your car accident lawsuit.