Car accidents often result from negligent behavior, whether it be distracted driving, reckless maneuvers, or intoxication behind the wheel. Sadly, careless drivers can cause serious injuries requiring significant medical treatment. An injured victim may struggle to pay these costs, especially if they are prevented from returning to work while they heal.
If you were harmed by another person’s negligence on the road, speak with a Cleveland car accident lawyer at Smith Hulsey. Our diligent attorneys could investigate your case, determine who may be held accountable, and fight to ensure you receive adequate compensation for your losses.
Various factors can cause car accidents. At Smith Hulsey, our skilled legal team commonly handles traffic crashes caused by:
Regardless of the specific circumstances of a car wreck, an experienced attorney in the area could investigate to determine who may be held accountable.
To be awarded damages in a car accident claim, a plaintiff must prove negligence. This involves establishing the following factors: a duty of care, breach of that duty, causation, and damages.
Drivers owe a duty of care to others on the road to follow traffic laws and drive safely. When a driver does not act as a reasonable person and causes injury, they have breached their duty of care. A victim and their attorney must prove that the injuries were directly caused by the car accident, and that they suffered monetary damages as a result.
An experienced car accident attorney in Cleveland could help prove these necessary elements to establish negligence and pursue compensation on behalf of an injured victim.
Proving that a defendant was negligent is important in recovering compensation, but it is also important for a car accident victim to consider their own liability for the crash. The modified comparative negligence statute stated in O.C.G.A. Section 51-12-33 allows for an injured party to pursue compensation so long as they are less than 50 percent at fault for the accident.
Damages awarded to the injured party will be reduced by their percentage of fault, as determined by the court. If the injured party is 50 percent or more responsible for the accident, they will not recover any damages. As such, car crash victims should work with a Cleveland attorney to contest any allegations of fault and preserve their right to recover damages.
A car wreck claim will typically seek to recover economic and non-economic damages. Economic damages can include all past and present medical expenses, lost wages and loss of future earnings, and any other objective costs incurred because of the car accident.
On the other hand, non-economic damages are meant to compensate for emotional distress, pain, suffering, scarring or disfigurement, loss of consortium, and loss of enjoyment of life. According to O.C.G.A. Section 51-12-5.1, punitive damages may be awarded in rare cases if the defendant behaved egregiously. These damages are meant to punish the defender and prevent others from acting in a similar manner.
A seasoned local attorney could evaluate a victim’s damages and work with expert witnesses to establish the full impact of their losses. This is crucial in ensuring that a car crash victim receives the full value of their case.
Being injured in a car accident is a devastating experience, and many injuries can have long-term physical and emotional effects. If another person caused your accident, you have the right to pursue compensation for your losses.
However, insurance companies and defense attorneys may attempt to minimize your damages and blame you for your own injuries. At Smith Hulsey, a Cleveland car accident lawyer could contest these claims and tirelessly protect your rights. Call us today to get started on your case.
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