In 2019, the average car ownership in Gwinnett County in Georgia was two cars per household. This goes to show just how much people in Gwinnett rely on cars. Unfortunately, running errands, commuting to work, or even driving your kids to school can quickly become a nightmare if another motorist makes a mistake behind the wheel.
Even worse, it takes a split second to be involved in a crash that leaves you with severe injuries and a wrecked car. When you are in a serious crash, it can be tough to figure out where to turn. This feels even worse when another driver is at fault for the accident. Another driver hit you, leaving you with debilitating injuries and a mountain of medical bills. If you faced severe injuries in a car accident, it is important to talk to an experienced Gwinnett car accident lawyer early in the process.
Auto accidents can be a tricky situation, but the skilled and compassionate Gwinnett personal injury lawyers at Herro Law Firm can help. We are ready to begin work on your car accident claim and will fight on your behalf so you can focus on getting better. Contact us at (404) 433-6876 to get the help and legal representation you deserve.
Gwinnett, GA, Car Accident Statistics
Both 2020 and 2021 were dangerous years for road users in Georgia. In 2021, there were more than 387,444 total crashes in Georgia. Of these, 1909 were fatal crashes with 2063 people killed. Over 154,380 injuries were recorded for the same year.
This deadly trend was an uptick from 2020 crash data in Georgia. 2020 Georgia crash data show there were 332,710 total crashes and over 1,663 fatal crashes.
We analyzed a crash report released by the Georgia Department of Transportation on the number of car crashes in each city and county in Georgia for the year 2021. Gwinnett was among the top three cities with the highest total crashes in the region, with 7,381 total crashes. Of these, 47 were fatal crashes with 48 fatalities. Over 3,502 were recorded for the same year.
How Much Does a Gwinnett Car Accident Lawyer Cost?
Many people have questions about retaining a car accident attorney when considering legal action after a car accident in Gwinnett. “How much does a Gwinnett car accident lawyer charge?” is a common question.
At The Herro Law Firm, we are a client-oriented law firm. We fight for you and your family, and our lawyers don’t charge anything until we obtain compensation for you. You don’t pay a dime if we don’t secure a settlement or a win in court.
An initial consultation with the experienced Gwinnett car accident lawyers at The Herro Law Firm is absolutely free and an excellent opportunity to educate yourself about your legal options. For a free no-obligation consultation, call us at (404) 433-6876.
What Should I Do After a Car Accident?
After a car accident in Gwinnett or anywhere else, it is natural to feel overwhelmed by the event and unsure of the steps to take. You can take specific steps following an auto accident that will go a long way in improving your chances of recovering fair compensation for property damage and injuries.
At The Herro Law Firm, we recommend that you follow the steps listed below after a car accident:
If doable, pull over and call the police. Even if the other driver attempts to offer you cash, you should still call 911 and file an accident report. A police report is especially important if you wish to pursue compensation.
Check on Others
Always stop after a car accident – do not leave! Check the severity of your injuries, and if you can, check if anyone involved in the crash is injured. If your passengers, occupants of the other vehicle(s), or a pedestrian is hurt and stuck, DO NOT move them. Instead, call 911 and ask for EMTs.
You should get the contact, insurance, and vehicle information from the other driver(s). Write down the driver’s full name, phone number, home, and work addresses, and insurance info.
Record the Scene
Use your phone’s camera to take as many pictures and videos of the scene. If possible, record anything the at-fault driver says. Also, talk to witnesses and record anything they claim to have seen.
Never Admit Fault
Choose your words wisely when interacting with the at-fault driver and other people at the scene. Even if your actions contributed to the crash, please make sure never to admit fault.
Seek Medical Attention
Even if you think you sustained minor injuries, let the EMTs do a checkup and see a doctor soon after. When you visit your doctor, explain the cause of your injuries and keep a record of your injuries and medical treatment.
Call a Car Accident Lawyer!
Perhaps the most important step after surviving a car accident is to call an experienced Gwinnett car accident lawyer. Only a skilled attorney can fully protect your interests and explain your rights and legal options.
When Should I Get An Attorney for My Auto Accident?
While no law makes it mandatory for auto accident victims and their loved ones to hire a lawyer, with no exaggeration, the best time to call a lawyer is immediately after the crash. That means at the scene of the wreck once things have calmed down or on your way to receive medical attention.
Contacting a lawyer early following a car accident helps you avoid mistakes that could jeopardize your chances of recovering compensation. So, unless you are severely injured and cannot pick up the phone, call a lawyer within the first 24 hours after the accident.
Why Do I Need a Lawyer After a Wreck in Gwinnett?
Not all car accidents in Gwinnett warrant the services of an experienced attorney. Still, the best way to set up your claim for success in dire situations, e.g., when you feel like the insurance company and the at-fault driver are getting pushy, is to hire an experienced car accident lawyer. A skilled Gwinnett car accident lawyer can help you push back.
We understand your hesitancy to retain the service of a car accident attorney in Gwinnett. You might feel your case doesn’t warrant one or believe your injuries were not severe enough. If you’re unsure, you must remember that being a car accident victim is no joke.
Not only are you forced to go through a lot of emotional and physical pain, but you also deal with insurers trying to take advantage of your vulnerable situation and keep you from recovering the fair settlement you deserve.
Here at The Herro Law Firm, our Gwinnett car accident lawyers have a proven track record of success with auto accident cases. We will work tirelessly to get you the fair settlement you deserve. There are numerous reasons why having our legal team on your side is worth it.
Our attorneys can:
- Collect and organize evidence in your car accident case
- File an insurance claim on your behalf
- Estimate the value of your losses, injuries, and other damages
- Notify you of legal time limits and advice on when to act
- Use their advanced negotiations skills to cut through the insurance company’s games and ensure you are not lowballed
- File a lawsuit if the insurance company refuses to play nice
How Much Can I Expect to Receive for My Damages?
No lawyer can answer this question without having a thorough understanding of the facts of your case. Many factors come into play when deciding how much compensation you can receive as a result of a car accident in Gwinnett. Some of these factors include:
- Whether you shared fault
- The severity of the injuries you suffered
- Whether the at-fault driver was drunk or intoxicated
- The total medical expenses
- The projected wage losses
- The long-term impact of the accident on your health, ability to earn income, and quality of life
Without knowing the circumstances surrounding your accident, it is almost impossible to determine how much you can expect to receive for your damages without talking to an attorney.
What Type of Damages Can I Recover?
Here are the three categories of damages that can be awarded to victims as part of their car accident claim:
These refer to compensation awarded for objectively quantifiable financial losses. They include:
- Medical bills (past and future)
- Future earning capacity
- Property damage
- Lost wages
These refer to compensation for subjective non-quantifiable harm, including:
- Pain and suffering
- Reduced quality of life or loss of enjoyment of life
- Physical impairment
- Scarring or disfigurement
- Emotional anguish
These are awarded to auto accident victims when there’s clear evidence of malice or gross negligence on the part of the at-fault driver. Georgia limits punitive damages to no more than $250,000, but this limit doesn’t apply if the defendant’s judgment was substantially impaired by alcohol or drugs.
How Is Fault Determined?
Georgia is a fault state, meaning the at-fault/negligent party for a car accident must pay for the resulting injuries and damages. Insurance companies need to find who was at fault.
For a Gwinnett car accident victim to prove another driver or entity’s negligence caused the accident, they must prove four elements. These are:
- Duty: Must show that the at-fault party or entity owed you a duty to keep you safe.
- Breach of Duty: You must prove that the negligent driver breached their duty or responsibility to act reasonably and keep you safe.
- Damages: You must provide evidence showing the losses or harm caused by the accident, e.g., physical injuries or property damage. You can show both economic and non-economic losses related to the accident.
- Causation: The other driver’s breach of duty caused your injuries. You must prove that you would not have been hurt if the at-fault party wasn’t negligent.
Did you share fault for your car accident? This doesn’t mean you cannot recover compensation. Under the “modified comparative negligence” doctrine used in Georgia, based on evidence, each party involved in a car crash is assigned a percentage of fault. Car accident victims found to be less than 50% at fault are eligible to recover compensation. However, their award is reduced by their percentage of fault.
How Long Do I Have to File a Claim?
Auto accident lawsuits in Georgia are subject to statutes of limitations or deadlines for filing the claim. For filing a personal injury claim for compensation after an accident, the time limit is two years from the date of injury. After a car accident, the deadline is four years to file for compensation for property damages only. The statute of limitations for filing a lawsuit involving a state-owned vehicle is one year.
How Can a Lawyer Help Me File My Insurance Claim?
Once our skilled Gwinnett car accident attorneys have a strong case to prove the other driver’s negligence and determine the value of your damages, they have two options to pursue the compensation you deserve:
- File an insurance claim based on the at-fault motorist’s coverage; or
- File a personal injury lawsuit against the at-fault driver in a Georgia civil court
Typically, when handling the insurance claim on your behalf, our lawyers will begin by filing an insurance claim based on the negligent driver’s coverage. This process often involves:
- Conducting an independent, thorough investigation to build a strong case against the negligent driver or party
- Calculating a fair settlement offer based on your losses and damages
- Sending a demand letter summarizing our case and your damages
- Engaging in settlement negotiations, rejecting the insurance company’s lowball counter offer, and letting them know that we are prepared to take the case to trial if necessary
- Agreeing to settle for a fair settlement or preparing to take further legal action against the at-fault driver
At The Herro Law Firm, our Gwinnett car accident lawyers represent car accident victims throughout Georgia in auto insurance settlement negotiations and trials. Please speak with our legal team today for a free consultation.
What Can I Do If Insurance Denied My Claim?
Did the at-fault driver’s insurance deny your claim? Some car accident cases can be murky, and the insurance company may deny your claim. Some common reasons they give for denying a claim include:
- Your claim exceeds the at-fault driver’s coverage
- The at-fault driver did not have the coverage necessary
- There are discrepancies in your original claim for compensation
- You were at fault for the accident
- You did not report the accident or seek medical attention in a timely manner
Regardless of the reasons that insurers give for denying your claim, you can take steps to increase your chances of having them reverse their decision. These include:
- Report the accident immediately
- File the claim with your own insurance company
- Get detailed estimates of damages
- Understand your rights if you disagree with the insurance company’s lowball offer
- Try mediation or request a dispute to challenge the denial of the claim
In the case of a car accident insurance claim denial, make sure to seek the assistance of an experienced car accident lawyer. At The Herro Law Firm, we deal with insurance company denials daily! Call us before you take action in a situation like this one. We can help.
Do I Have a Case?
Many factors affect whether your particular car accident case is viable. Here are some issues we look for when reviewing a case:
- Is there liability?
- Can we prove negligence?
- Did you share fault for the crash?
- Will the potential recovery outweigh the costs of filing a lawsuit?
- How long ago was the accident? Has the deadline to file a car accident claim passed?
Every car accident case in Gwinnett is different. Should you file a car accident lawsuit? You will not know for sure until you speak with an experienced lawyer. You can contact The Herro Law Firm at (404) 433-6876. Remember, if you have a case, you need to file it before the deadline or your claim will be dismissed by Georgia courts.
What If the Other Driver Is Under Insured Or Does Not Have Insurance?
If the driver responsible for the car accident is entirely without insurance, you have two options:
- File a claim with your insurance company
- File a personal injury lawsuit
It can be challenging to determine which option is best. Will the benefits from your insurance company be sufficient to cover your damages? Should you even bother filing a personal injury lawsuit against the at-fault driver? Can the negligent driver afford to pay damages if you win the case in court?
Our Gwinnett car accident lawyer can help answer these questions. After understanding your options, we can help you choose the best path for you.
How Can I Obtain an Accident Report in Gwinnett, GA?
If you or a loved one has been in a car accident in Gwinnett, you need to get a copy of your official accident report. To obtain the official accident report, contact Central Records at 770-513-5000 or visit the Gwinnett County Central Records at 770 Hi Hope Road in Lawrenceville, GA.
Often, memories fade, and evidence dissipates; for this reason, the sooner you get your official accident report in Gwinnett to check the report’s accuracy, the better.
Common Car Accident Injuries
Before pursuing compensation after sustaining a car accident injury, you must assess the specific injuries you suffered because of the wreck. A car accident can be especially dangerous, so it is imperative for you to keep a detailed track of your injuries and the suffering you have been put through.
If you have sustained any of the injuries listed below or other serious losses, reach out to an experienced car accident attorney in Gwinnett for help with your claim:
- Internal Injuries
- Head Injuries
- Facial Disfigurement
- Brain Injuries
- Neck Injuries
- Back Injuries
- Spinal Cord Injuries
- Leg & Knee Injuries
This is not a comprehensive list but only an example of the many injuries car accident victims may suffer. Always prioritize your health and seek immediate medical attention after a car accident since some injuries are hidden, and symptoms may not show until days or weeks after the crash.
Types of Car Accidents We Handle
In Georgia, some of the top ways people are hurt in auto accidents include those caused by drunk or intoxicated drivers, speeding, and failure to yield right of way. At the Herro Law Firm, we handle different types of car accident cases, including:
- Hit & Run Accidents
- Driving Under the Influence Accidents (Drinking & Drugs)
- Head-on Collisions
- Rear-End Accidents
- Uninsured Motorist
- Rideshare Accidents
- Truck Accidents
- Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Distracted Driving
- Texting and Driving
- Reckless Driving
- Speeding Accidents
- Rollover Accidents
Regardless of the type of car accident that caused your injuries, an experienced Gwinnett car accident lawyer can work to protect your rights, hold the negligent party accountable for damages, and get you the compensation you deserve.
Call The Herro Law Firm for Help With Your Car Accident Case
If you were injured due to recklessness, malice, or negligence, we ask you to contact our car accident lawyers in Gwinnett.
You need results to get your life back on track, and we have the knowledge, experience, and resources to help you get them. The Gwinnett car accident attorneys at The Herro Law Firm will evaluate your case for free and explain your legal options. Call us today at (404) 433-6876 for your free consultation.