When you first meet with your Atlanta accident attorney, one of the first things you’re going to want to ask them is how much your case is worth. This is only natural. If somebody else was responsible for your car accident, you’re going to want to see them pay.
If the other driver was drunk at the time of the crash, you are going to be even more angry and frustrated. However, one thing your Georgia injury lawyer will tell you is that you can’t let this get personal. If you decide that you want to file suit against the other driver, it must be about business not – emotions.
Here, we will discuss how your Atlanta accident attorney will handle a case involving a drunk driver. We should answer any questions or concerns you may have. However, if after reading this article you still have questions, contact our office directly.
We offer new clients a free consultation. This gives you a chance to sit down with one of our Atlanta accident attorneys and tell your side of the story. Call us today at (404) 433-6876.
To Collect Damages, Your Atlanta Accident Attorney Must Prove Fault
To collect any damages, you are going to have to prove that the other party was at fault. This means that your Georgia injury lawyer must prove negligence. To prove negligence, one must demonstrate the following four things:
Duty of Care
You must show that the defendant owed you a duty of care. When it comes to a motor vehicle accident, there is no question as to whether the defendant owed you a duty of care. All drivers owe a certain duty of care to other motorists.
Breach of Duty of Care
Your Georgia injury lawyer must also prove that the defendant breached this duty. Normally, this is one of the most difficult parts of a car accident lawsuit. However, once your Atlanta accident attorney submits evidence that the defendant was convicted of DUI, it should not be hard to prove this element either.
Obviously, you must demonstrate that you suffered some sort of injury. Nine times out of ten, the injury is physical. However, if you only suffered damage to your vehicle, you can still file suit. You just can’t expect to receive a whole lot in the way of compensation.
Your Atlanta accident attorney must also prove that your injuries were caused by the defendant’s behavior. One of the reasons we tell our clients to go to the hospital immediately after the crash is to preserve evidence.
The longer you wait to see a doctor, the greater the chance that the defendant will claim something other than the accident caused your injuries. Rather than have this happen, it’s a good idea to go to the emergency room immediately following your accident.
Once your attorney proves the four elements of negligence, they will move on to prove your damages.
Your Georgia Injury Lawyer Can Demand Punitive Damages
In most car accident lawsuits, our Atlanta accident attorneys demand similar types of damages. For example, if somebody crashed into your vehicle, they should be required to pay to repair it. If the insurance company declared your vehicle totaled, then your Georgia injury lawyer will demand compensation equal to the fair market value of your vehicle.
You cannot demand compensation to purchase a new vehicle. You are only entitled to be reimbursed the fair market value of your car at the time of the crash.
In addition to damages for property loss, your attorney is also going to demand other types of damages. For example, if you missed any time from work, you may be entitled to compensation for lost wages. The same is true if you are now disabled and can no longer perform the same kind of work you did before the accident.
If this is the case, you may be entitled to damages for lost future income. Finally, most people who suffer serious injuries are entitled to pain and suffering. These damages are meant to compensate you for mental and physical anguish.
There’s Far Too Much at Stake to Try to Handle This on Your Own
If you were injured in a drunk driving accident, you’re probably dealing with a lot of pain right now. The last thing you want to do is fight with the insurance companies over your claim. However, if the other driver was indeed drunk at the time of the crash, you deserve to be compensated.
What your Atlanta accident attorney will do is get proof that the defendant was convicted of DUI. They will use this evidence to help prove that the defendant breached their duty of care. Once they do that, they will have to prove your damages.
While your Georgia injury lawyer can demand punitive damages, there is not a guarantee that you will receive them. Judges are reluctant to grant punitive damages in any civil case. However, you don’t need to figure all of this out today. Nor do you need to figure all of this out on your own.
We offer all new clients a free, initial consultation. This gives you a chance to sit down with a Georgia injury lawyer and let them know what happened. Once they have had a chance to thoroughly review the information you provide, your Atlanta accident attorney will determine whether they want to represent you.
If they believe your case has merit, there’s no reason to think that they will not be able to represent you in this matter. However, if the attorney feels that your case is not strong enough to pursue, they will be up front and let you know. The last thing we want to do is let somebody get their hopes up unnecessarily.
We suggest you call our office today so you can schedule your own free, initial consultation. You can bet that the defendant will have a team of lawyers in their corner and you should too. Since the consultation is free, you have nothing to lose. Call us today (404) 433-6876.