The first appointment with a Union City car accident lawyer is always stressful. You are in pain after your car crash and you have mounting medical care costs. You still have a long way until you are fully cured and can start earning wages again. And your biggest worry is that you cannot win your case.
What if the insurance company refuses to believe you? What if the other driver spins a clever story that makes you appear at fault? All these worries are natural. But an experienced Union City car accident lawyer has answers for each of them. The fact is that, with truth on your side, there is always a way of proving it if you hire a skilled lawyer.
But let us start by explaining what exactly you have to prove in a car accident case.
How Personal Injury Law in Georgia Works
Personal injury law covers all the cases when one person suffered injuries and economic damages in an event caused by someone else’s negligence. This includes car accidents, medical malpractice, slip and fall accidents, and more.
According to the law, the claimant has the burden of proof. This means that you and your Union City car accident lawyer must show by a preponderance of the evidence that:
- The at-fault party owed you a duty of care.
- They breached their duty by negligence, causing the accident.
- You suffered injuries as a direct result of the accident.
- The injuries generated economic damages.
These are the four core elements of any personal injury case. In a car accident claim, the first item is self-evident. Driving on public roads involves a tacit acceptance of the fact that you owe a duty of care to everyone else:
- Car drivers
- Passengers in cars.
This leaves a Union City car accident lawyer with three items to prove: fault, injuries, and economic damages.
An Experienced Union City Car Accident Lawyer Will Find the Necessary Evidence
Evidence is everything in legal procedures. The other driver may claim whatever they choose to. When faced with the findings and conclusions arising out of evidence, the insurance company will have to settle your case.
Here is where your lawyer will look for the evidence needed to prove the other driver’s fault and your right to receive compensation:
1. The Accident Report
In Georgia, drivers must report any traffic accident resulting in bodily injury/death and/or over $1,000 in property damage. They must remain at the accident scene until the police arrive to investigate the crash and prepare an accident report.
Your Union City car accident lawyer will need the accident report to understand the circumstances of the crash. Being an official and unbiased document, it is extremely useful for proving the other driver’s fault.
2. Photos and Videos
One of the first things to do after a car accident is to collect your own evidence. After calling 9-1-1 and getting out of the way of oncoming traffic, you should use your phone camera to document:
- The position of both cars immediately after the crash
- The damages to your vehicle
- Your injuries
- Skid marks and other relevant signs on the road
- The license plate of the other car.
Indeed, you should start with the license plate of the other car. Unfortunately, some drivers will leave the scene of the accident before the police have the chance to investigate. Although hit-and-run is a serious offense in Georgia, some drivers will risk it. In most cases, they are uninsured drivers or were using a rental or stolen vehicle.
The second reason why the accident report is useful for a Union City car accident lawyer is the fact that it contains the names and contact details of eyewitnesses. In some cases, you may have obtained this information on your own.
However, if you suffered severe, life-threatening injuries, chances are that the ambulance took you to the hospital without delay. In this case, the lawyer will rely on the accident report to get in touch with the people who saw the accident happening and get their statements.
4. Mobile Phone Log
Distracted driving is one of the most common causes of car accidents. And the number one source of distraction is the mobile phone. Of course, the at-fault driver will deny that they were texting and driving.
However, your Union City car accident lawyer has the right to subpoena their mobile phone log from their carrier. The log will show without a doubt that the driver was sending a text or engaged in a call at the moment of the crash.
5. Accident Reconstruction Experts
In challenging cases, a Union City car accident lawyer will rely on expert witnesses, more precisely, accident reconstructionists. These are professionals who can re-create the crash in a visual presentation, based on available information:
- Photos and videos
- Accident report
- Eyewitness statements.
Their presentation and accompanying report are admissible evidence even in court.
The Lawyer Will Also Justify Your Economic and Non-Economic Damages
Proving the other driver’s fault does not put an end to your burden of proof. You must also show that the injuries were caused by the accident. Also, you must prove that the damages you seek are directly related to the crash.
To do this, your Union City car accident lawyer will also need:
- Copies of your medical records
- Bills and receipts for all medical care (hospital stay, prescriptions, etc.)
- Insurance estimate of the cost to repair your car (or statement that it is totaled)
- Pay slips indicating your weekly wages.
All these documents will help the lawyer negotiate your car accident claim with the insurance company, justifying the entire amount you seek in damages.
Bring Your Case to a Trusted Union City Car Accident Lawyer!
Gilbert Sperling, III, P.C. is a Union City car accident lawyer who fights for every client. We believe in justice and that everyone should be held accountable for their negligent actions. So do not despair, even if you cannot see clearly how to prove your case.
This is a job for a skilled lawyer who knows how insurance companies treat claimants. Thus, you should schedule a free case review with us as soon as possible after the crash. This will give us the opportunity to examine evidence while it is still fresh and give you a reliable legal opinion.
If you have a valid claim, we will represent you on a contingency fee basis. This means that you pay nothing until your attorney wins compensation for you. Get in touch with us today and protect your rights!