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 & Lina 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 plaintiffs.
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 & Lina 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.