According to the
National Highway Traffic Safety Administration (NHTSA), more than 2.3 million people were injured in motor vehicle accidents
during 2012. In many cases, the individuals who are injured in car accidents
are able to recover financial compensation from the party or parties who
were at fault for their accident. Consequently, it is extremely important
that individuals who are injured in a car accident to retain legal counsel
as soon as possible. While the vast majority of car accident cases are
settled without a trial, there are times where a reasonable settlement
offer cannot be reached and litigation becomes necessary. In these cases,
car accident victims may have questions about the process of litigating
a car accident case. Below, please find some basic information to questions
that clients frequently ask regarding car accident litigation. For any
additional information or to schedule a free consultation with one of
our lawyers, please call Goldstein & Hayes today at (888) 425-6070.
What kinds of evidence can be used to establish liability?
There are many types of evidence that can be used to establish negligence
on the part of another driver, including vehicle maintenance records,
police reports, photos or videos of the accident or its immediate aftermath,
eyewitness accounts, the accounts of people who were directly involved
in the accidents, and vehicle computer data, among others.
How is this evidence gathered?
Evidence can be gathered through investigative techniques as well as through
a formal process known as discovery. In the discovery process, parties
to a lawsuit are able to compel the production of evidence that may be
relevant to the dispute through a variety of techniques, including depositions,
interrogatories, requests for productions, and requests for admissions.
What must a plaintiff prove in order to prevail at trial?
In a case alleging negligence, a plaintiff must be able to establish four
facts in order to prevail. These are:
· That that the defendant owed the plaintiff a duty of care;
· That the defendant breached this duty;
· That this breach caused the plaintiff’s injuries; and
· That the plaintiff actually sustained damages.
What will it cost me to take a case to trial?
Generally speaking, lawyers accept personal injury cases on a
contingency fee basis, meaning that any payment they what receive will occur as a percentage
of any total award or settlement. As a result, litigating a personal injury
case usually does not include any up-front out-of-pocket costs for most
Contact an Atlanta car accident lawyer today to schedule a free consultation
People who have been involved in Atlanta car accidents should speak to
an attorney immediately. Automobile insurance claims adjusters primary
goal is to minimize claims payouts. Make no mistake, the insurance carrier
for the liable party is building a defense soon after the accident. Personal
injury claims in Georgia must be brought within a certain period of time,
so any delay can jeopardize your right to recover for your losses. The
attorneys of Goldstein & Hayes are dedicated to helping people who
have been seriously injured by negligent drivers. To schedule a free consultation
with one of our personal injury lawyers, please call our office today
at (888) 425-6070.