Atlanta Car Accident Attorney for Auto Accident Injury Victims

Atlanta Car Accident Injury Attorney

Experienced Attorney Representing Car Accident Injury Victims in Georgia

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 in personal injury and catastrophic accident cases, Apolinsky & Associates, LLC, has helped car accident victims find both closure and compensation as a result of their traumatic experience.

Atlanta auto accident lawyer Stephen D. Apolinsky has tried more than 30 auto accident cases. Spanning from cases involving commercial 18-wheeler tractor-trailer accidents to routine car collisions, Stephen Apolinsky and his legal team offer a high degree of legal expertise to handle your automobile accident claim.

What is a Car Accident Injury in Georgia?

A car accident injury is an injury sustained by a driver or passenger of a motor vehicle or automobile in Atlanta and throughout the state of Georgia. Injuries caused by vehicle collisions in Georgia can be catastrophic or potentially lead to death. Most injuries suffered in a car accident, though, will fall into one of two categories.

Impact Injuries in Auto Accidents

Impact injuries are caused by blunt force trauma from the sudden impact of the car with another object, when the driver or passenger hits some part of the vehicle’s interior. Such injuries include concussions, contusions, and traumatic brain injuries.

Penetrating Injuries in Auto Accidents

Penetrating injuries occur when shrapnel or debris from the accident (such as shattered glass or objects from inside the vehicle) punctures the skin, causing injuries such as lacerations.

Proving Negligence & Causation in a Georgia Car Accident Personal Injury Case

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.

What is Negligence in Georgia Auto Accidents?

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:

  • Drunk & impaired driving
  • Distracted driving, including texting.
  • Reckless or aggressive driving.
  • Speeding.
  • Unsafe lane changes.
  • Failure to yield to pedestrians.
  • Failure to yield to vehicles.
  • Following too closely.
  • Running red lights.
  • Running stop signs.

Establishing Negligence in Georgia Car Accident Lawsuits

In any civil tort claim in Georgia, in order to establish negligence en route to a winning verdict or settlement, the plaintiff’s personal injury attorney must demonstrate the defendant in the case:

  • Owed the plaintiff a duty of care and responsibility.
  • Breached that duty of care and responsibility.
  • Directly caused the plaintiff’s injuries due to that breach.

and that the plaintiff:

  • Suffered damages that resulted from the defendant’s breach of care.

Civil Statue of Limitations for Georgia Car Accidents

Under GA Code § 9-3-33, the statute of limitations holds that injured parties have two years to bring personal injury claims forward for car accidents, including claims for other motor vehicle types including:

After two years, a court will dismiss your claim. Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything. It is important to begin working with a Georgia auto injury attorney experienced in dealing with car accident injury claims as soon as possible to build your case.

Compensation & Damages Recoverable in Georgia Auto Accident Injury Cases

Under Georgia state law, victims injured in auto accidents have a legal right to seek financial compensation for the full value of their damages. Victims should be paid compensation for 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 negotiate a just settlement offer. 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.
  • Disfigurement.
  • Loss of limb.
  • Wrongful death damages.

Top-rated Atlanta auto 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. Consult with us today for legal counsel on your case.

Types of Georgia Car Accident Injury Cases We Handle

  • Wrongful Death Case Icon
    Wrongful Death

    Unexpected deaths caused by car accidents take a massive toll on the victim’s friends and family. If your family has suffered a wrongful death due to a car accident, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

  • Brain Injuries Case Icon
    Brain Injuries

    Car accidents can easily result in traumatic brain injury, a leading cause of death and disability in the United States. If you have suffered a traumatic brain injury due to another’s negligent or criminal actions, you may have grounds for compensation.

    Read More

  • Catastrophic Injuries Case Icon
    Catastrophic Injuries

    Car accidents can cause catastrophic injuries that severely affect the quality of life for victims. We recommend victims of catastrophic injury caused by car accidents consult with an experienced injury lawyer.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Spinal cord injuries are commonly caused by car accidents. If you suffer a spinal cord injury in a car accident caused by another’s negligence, you may be liable to receive compensation.

    Read More

  • Paralysis Case Icon
    Paralysis

    Car accident injuries that result in paraplegia or quadriplegia are devastating, and victims should consult with an attorney to receive compensation for emotional, physical, and financial hardships.

    Read More

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    Back, neck and disc injuries caused by car accidents can lead to severe pain, a limited quality of life, and significant medical costs. Victims of back injuries sustained from a car accident may be liable for compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Car accidents can cause impacts resulting in major bone fractures, and victims can expect a long and expensive path to recovery. If the car accident that caused a bone fracture was the result of another’s negligence, it’s essential to obtain legal counsel.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Car accidents can result in catastrophic burn injuries, and victims may sustain scarring, life-long disabilities, and adjustment difficulties. Defendants liable for catastrophic burn injuries may be ordered to compensate for pain caused, loss of wages, and more.

    Read More

Types of Georgia Car Accident Injury Cases We Handle

  • Wrongful Death Case Icon
    Wrongful Death

    Unexpected deaths caused by car accidents take a massive toll on the victim’s friends and family. If your family has suffered a wrongful death due to a car accident, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

  • Brain Injuries Case Icon
    Brain Injuries

    Car accidents can easily result in traumatic brain injury, a leading cause of death and disability in the United States. If you have suffered a traumatic brain injury due to another’s negligent or criminal actions, you may have grounds for compensation.

    Read More

  • Catastrophic Injuries Case Icon
    Catastrophic Injuries

    Car accidents can cause catastrophic injuries that severely affect the quality of life for victims. We recommend victims of catastrophic injury caused by car accidents consult with an experienced injury lawyer.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Spinal cord injuries are commonly caused by car accidents. If you suffer a spinal cord injury in a car accident caused by another’s negligence, you may be liable to receive compensation.

    Read More

  • Paralysis Case Icon
    Paralysis

    Car accident injuries that result in paraplegia or quadriplegia are devastating, and victims should consult with an attorney to receive compensation for emotional, physical, and financial hardships.

    Read More

  • Back, Neck, and Disc Injuries Case Icon
    Back, Neck, and Disc Injuries

    Back, neck and disc injuries caused by car accidents can lead to severe pain, a limited quality of life, and significant medical costs. Victims of back injuries sustained from a car accident may be liable for compensation.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Car accidents can cause impacts resulting in major bone fractures, and victims can expect a long and expensive path to recovery. If the car accident that caused a bone fracture was the result of another’s negligence, it’s essential to obtain legal counsel.

    Read More

  • Burn Injuries Case Icon
    Burn Injuries

    Car accidents can result in catastrophic burn injuries, and victims may sustain scarring, life-long disabilities, and adjustment difficulties. Defendants liable for catastrophic burn injuries may be ordered to compensate for pain caused, loss of wages, and more.

    Read More

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Atlanta Car Accident Injury Attorney FAQs

What Should I 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. Without 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 is more than $500 in total property damage or 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.

How Much Compensation is Available for Injured Victims?

Under Georgia state law, victims injured in motor vehicle accidents have a legal right to seek money for the full value of their damages. Victims should be paid compensation for 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. 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.
  • Disfigurement.
  • Loss of limb.
  • Wrongful death damages.

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. Consult with us today for legal counsel on your case.

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:

 

  1. The defendant owed you a duty of care.
  2. The defendant failed to live up to that legal duty.
  3. There is a causal connection between the breach of duty and your accident.
  4. You sustained real, compensable injuries in the crash.

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, but with our skilled attorneys from Apolinsky & Associates, LLC, by your side, you will be able to begin to build a winning legal case.

What Is The Georgia Statute Of Limitations For Car Accident Civil Injury Claims?

The statute of limitations is the amount of time you have from when the car accident occurs until you must file a lawsuit.  Your case does not have to be tried or concluded by the end of the statute, it just has to be filed before.

Under GA Code § 9-3-33, the statute of limitations holds that injured parties in Georgia have just two years to bring their car accident personal injury claims forward. After those two years, a court will dismiss your claim.

In car accident injury cases, insurance companies are often involved. It is important to remember that in many cases, insurance companies will engage in stalling techniques to run out the clock and avoid paying you anything. For this reason and many other complex factors that go into the statute of limitations in any individual case, victims are advised to contact a personal injury lawyer experienced in car accident injury cases to build your case.