Statistics show that two out of every three commuters in Georgia drive themselves to work with an average one-way travel time of 28.4 minutes. What’s more, much of this traffic is centered in Atlanta.
With such high levels of traffic and lengthy commuting times, it makes sense that hundreds of traffic accidents are reported in Georgia every single day.
If you get into one of these accidents, then it’s important for you to understand your rights when it comes to getting the help you need to recover from your losses. You could be eligible to file a claim for an accident settlement to compensate you for costs like your medical bills, lost wages, and more. Learn everything you need to know about car accident settlements in Georgia below.
Car Accident Settlements in Georgia
Georgia car accident laws are very straightforward. Georgia is considered a “fault” state, which means the driver who is determined to be at fault for causing the accident will be the party that’s legally responsible for the damages it causes.
The party who isn’t at fault has the opportunity to file a legal claim for compensation to cover any losses they sustain as a result of the accident. Injured motorists have the right to seek out damages in the form of medical bills, lost wages, property damage, pain and suffering, and potentially more depending on the unique circumstances of the crash.
The injured party will have the burden of seeking the lawsuit, compiling the right evidence, proving their losses, valuing their claim, and leveraging the law to their advantage. That said, it’s usually best to hire a car accident attorney to help if you get involved in a Georgia accident that leads to significant losses.
How Car Accident Settlements are Calculated
Georgia car accident laws also outline how accident settlement amounts are calculated when an injured party seeks a claim. In general, you’ll only be able to recover an amount that’s comparable to what you’ve lost. In rare cases, you can seek out punitive damages in addition to what you’ve lost, but this is only possible when the other party is extremely reckless. Otherwise, your settlement will be calculated by adding up all your economic losses. If you pursue non-economic losses, then courts will assign a multiplier value to your losses and multiply that number by your economic damages to assign a value to those losses. At that point, your economic damages and non-economic damages will be added together.
From there, courts will consider any other factors that could increase or decrease your settlement award. We’ll go over a few of those potential factors below.
Average Settlement Amounts for Different Injury Types
The average car accident settlement award for serious injuries like traumatic brain injuries ranges from hundreds of thousands to millions of dollars. The average car accident settlement award for more minor injuries like whiplash typically falls somewhere between in the tens of thousands of dollars range.
Factors Affecting Settlement Amounts
Your overall car accident settlement award will vary based on a few significant factors. You can estimate how much you’ll receive from a Georgia settlement by considering these factors and your overall losses. To ensure you fully consider all your potential losses, it might be in your best interests to go over the facts of your case with an attorney. That said, we’ll go over the main factors that could influence your settlement amount below.
Severity of the Injuries
One of the biggest factors that will influence your car accident settlement is the severity of your injuries. Statistics show that serious crash injuries increased an overwhelming 66% between 2017 and 2021 in Georgia. In general, the more severe the injury is, the more it will cost in current and future medical bills to resolve.
Lost Wages and Future Earning Capacity
Another factor that will influence your settlement award is the value of your lost wages or any change in your future earning capacity. The longer you are unable to return to work, the more compensation you’ll be eligible to pursue. You will need proof of these losses, though, in the form of evidence of how much income you were receiving prior to the accident and why your injuries are preventing you from returning.
Pain and Suffering
The extent and severity of your pain and suffering is another factor that will influence your settlement award. While pain and suffering are subjective, you can show the extent of your situation by documenting the severity of your condition, noting any permanent disfigurement or long-term recovery, and utilizing other evidence to demonstrate the overall impact of the injury on your quality of life.
Insurance Policy Limits
The insurance policy limit might also impact your settlement award. Currently, Georgia car accident laws require a minimum of $25,000 of bodily injury coverage per person and $50,000 per accident. If your losses exceed the policy limits, then you might need additional advice from an attorney about what to do.
Each Party’s Level of Fault
Another important factor is each party’s level of fault. If both parties were somewhat responsible, then your compensation award might get reduced based on your perceived percentage of fault. For instance, Georgia’s hands free laws make it illegal to drive with a phone in hand. If you get into a crash with a phone in your hand, then you’ll be considered partially responsible, even if the other driver also made an error.
How to Maximize Your Settlement
The top way to maximize your settlement award is to hire a personal injury attorney to advocate for you. The right lawyer will advise you to seek out medical care immediately. They’ll help you navigate your initial interactions with the police and cope with calls from your insurance provider. To preserve your rights, avoid admitting fault and never agree to any early offers before going over your situation with an attorney.
Free Case Evaluation with Singleton Law Firm
While the law might be on your side, obtaining the car accident settlement you’re entitled to might not be so straightforward. The other party is very likely to attempt to refute or minimize your claims, even if you’re seeking compensation from an insurance policy that you’ve paid into.
Here at Singleton Law Firm, our team has over thirty years of experience helping injured motorists recover the financial compensation they need to move on from an accident. You can rely on our office to help you accurately value your car accident claim, compile a solid case, fight for the maximum settlement award, and advocate for you to the fullest.
Schedule your free case review by leaving your contact details on our online form or calling our office now at (770) 889-6010.
