When pursuing civil recovery for a car accident victim, an attorney’s first step is to ensure that every damage is documented. Victims should seek appropriate medical treatment and get the care they need for their injuries.
Taking advantage of available treatments early on and documenting these costs is crucial in understanding the full value of a car accident case. At Smith Hulsey, our lawyers understand how to pursue damages for Gainesville car accident cases and could help you choose an effective strategy for recovering compensation. A skilled attorney at our firm could also help pursue a claim for all losses stemming from your car crash, including restitution for your pain and suffering.
Auto insurance typically covers only medical expenses, lost income, and pain and suffering. However, there are exceptions in certain policies for punitive damages. When a plaintiff pursues punitive damages against a defendant for egregious or intentional behavior, they create a sort of conflict.
The driver is likely uninsured for punitive damages, but their insurance carrier has a duty to protect their insured from an excessive verdict at trial. Even though the insurance carrier might not be responsible for paying for punitive damages, they may fight against these claims at trial. As such, it is important for an injured plaintiff to secure dedicated legal representation from a Gainesville attorney when pursuing damages from an auto insurance policy.
Under the law, the person who is determined at fault for the accident must pay for property damages in addition to any bodily injury damages. Depending on their insurance coverage, they may be able to shift that cost to their insurer.
However, this insurance coverage could be disputed due to the driver misrepresenting the accident on their application, failing to follow the policy, or not being a named insured under the policy. The insurance carrier may refuse to provide coverage, including for property damages, rental cars, or tow bill storage fees.
In these scenarios, an injured victim may need to look to their own insurance. A knowledgeable attorney at our Gainesville office could help a car crash victim determine if they have full or collision coverage to obtain compensation for property damage.
Currently, the only damage cap in Georgia is for punitive damages, set at $250,000. Punitive damages can be brought if a driver acted egregiously or intentionally, such as DUI or road rage. However, there are certain exceptions to the punitive damages cap.
If the injury is caused by a faulty product, such as a defective vehicle part, then a claim for compensation could be brought against the manufacturer. Damages do not have a ceiling in these types of cases. The cap may also be raised if the defendant was under the influence of alcohol or illegal drugs. A knowledgeable local attorney could help victims of traffic collisions determine how to best pursue damages depending on the circumstances of their case.
If you were seriously injured in a traffic crash, you may be wondering how to recover compensation from the at-fault party. Insurance settlements and civil claims can be difficult to successfully navigate without help from a seasoned attorney.
Luckily, the lawyers at Smith Hulsey could explain how to pursue damages for Gainesville car accidents and advise you on an effective strategy for the circumstances of your case. Give us a call today for your initial consultation.
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