Damages Recoverable In Gwinnett County Car Accidents

After a Gwinnett County car accident, don’t be surprised if you see the insurance firm try to coax you into accepting an amount pulled out of thin air that they “believe” covers for all the damages you suffered in the accident, even if it doesn’t. That’s the oldest trick in the book for insurance companies to save themselves from paying a huge amount for your injuries, even if you deserve it. This is why you’d need a car accident lawyer to present your case to the insurance firm. A car accident attorney would tell you how much the defendant exactly owes you for your injuries once they learn the details of the accident. Without a car accident lawyer, you cannot count on receiving maximum compensation. To put things in perspective, here are the damages that car accident victims can recover from the insurance firm in an average case.


While calculating the damages, the first thing your car accident lawyers would consider is the injuries you suffered due to the accident. This would include the medical bills that you’ve spent on the treatment or the surgery and the expenses that you’re likely to bear in the future for the treatment of the resulting injuries of the accident. To prove that you’d have to spend more money in the future on the treatment, you’d have to provide doctors’ statements. Your car accident lawyers would help you collect all the evidence you need to prove your injuries. Brain injuries are common after a severe crash and require medical treatments to heal.

Car Damage

There’s no way that your car would go unscathed in a car accident. There are bound to be some damages inflicted on the vehicle due to collision, and needless to say, the repair of which could cost you an arm and a leg if it’s not for the insurance money. Your lawyer would gauge the extent of the car wreck caused by an accident and speak to experts to quantify the damage. Once an estimate is reached, the same would be included in the damages recoverable. Your car accident lawyers would use the experts’ testimonies to prove that the defendant indeed owes the proposed sum for the property damage they have caused.

Lost Earnings In An Auto Accident

If your injuries from the car accident are serious, and if you’re advised bed rest by your doctor, chances are you’d stand to lose a lot of your earnings for the days you don’t go to work. You’d have to use your sick leaves and vacation time to take days off work to recover from your serious injuries. Not just that, but if the injuries are long-term, you could also lose potential future earnings. The defendant is liable to compensate for all these losses. However, before you suggest recovering lost earnings, you’d have to present an ironclad case before the insurance companies. Without legal knowledge, this task could prove to be very difficult. Only a lawyer who knows a thing or two about negotiation and is well-versed in Georgia personal injury law would be able to help you out.

Long-Term Medical Care For The Auto Accident

It’s likely that even after you’ve recovered from significant injuries, you’d have to seek physical therapy to treat chronic pain. Such treatment is not cheap, and if the need for long-term medical care arises, you can ask the insurance firm to cover the expenses of that too. The insurance would cover home nursing care, future medical bills, or any regular treatments you would have to undergo to recover fully from the injuries and anguish of the accident. Pendergrass Law can render you with expert negotiators who can help you present your case in front of the insurance firm and get compensation for all these expenses.

Other Losses

In addition, if you lost your money-earning capabilities because of your injuries, the defendant must also pay for those damages. If the injuries somehow affected your usual way of living in any way, your personal injury attorneys would be able to quantify those losses and include them while calculating the overall damages. They could also help you financially if you suffer from employment problems due to your inability to work. Without a lawyer, you won’t stand a chance at recovering money for all these losses. 

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Causes Of Car Accidents

Car accidents in Gwinnett County can have many causes, ranging from negligence on the driver’s part to unfavorable conditions of the road and the weather. Here are some common causes of auto accidents:

If you want to calculate the damages for your car crash, schedule a consultation with Pendergrass Law today. If there is any law firm in Gwinnett County that can help you understand the state’s legal process, and recover compensation for your medical expenses, lost wages, and other losses, then it’s us, thanks to our years of experience in helping injured victims of Gwinnett County car crashes in and out of court in the state of Georgia. 

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Liability for Car Accidents in Gwinnett County

One of your car accident lawyer’s most essential tasks will be figuring out who should be sued for your damages. In Gwinnett County, car accidents can happen in a variety of ways. Generally, they are caused by negligent driving, defective motor vehicle parts, and dangerous road conditions.

Negligent Driving

Negligent driving can come in many forms. Essentially, any unsafe driving can be considered negligent. This is because all motorists are assumed to understand the risk of driving in an unsafe manner. Then, when they drive unsafely, they can cause debilitating injuries, illnesses, or death. Some examples of negligent driving could include the following:

  • Driving over the speed limit
  • Failure to stop at a traffic light or stop sign
  • Drunk or drugged driving
  • Driving while fatigued
  • Distracted driving
  • Following too closely
  • Failure to use a turn signal
  • Making illegal turns
  • Road rage
  • Aggressive driving
  • Reckless driving

Defective Motor Vehicle Parts

Defective motor vehicle parts or another top cause of car accidents in Gwinnett County. Unfortunately, these can occur when companies manufacture vehicles using poor-quality parts, maintenance workers cut corners to save money, and cars are not properly maintained. Some examples of motor vehicle parts that often malfunction include:

  • Tires
  • Seatbelts
  • Airbag inflators
  • Steering columns
  • Braking systems
  • Fuel systems
  • Ignition issues
  • Electrical systems
  • Fuel pumps
  • Door latch mechanisms

Dangerous Road Conditions

Hazardous road conditions are another common way collisions occur across Gwinnett County. Unfortunately, if potholes remain unfilled, road construction zones are not correctly secured, debris is not promptly cleared, or street signs or lamps are not adequately addressed, car accidents are likely. When government agencies or municipalities tasked with ensuring the safety of the roads fails to do so, they can be held accountable for the victim’s damages.

How Gwinnett County Car Accident Insurance Claims Work 

Recovering maximum compensation for your damages is crucial. One of the top ways to do so is by filing a claim with the insurance company after your collision. However, dealing with the insurance company is often a complex and involved process. Your attorney will be by your side throughout the negotiation process to protect you and your anticipated settlement.

Georgia Fault Laws

It is essential to remember that Georgia operates under fault-based insurance laws. Here, you should file a claim with the liable party’s auto insurance provider. Georgia law requires all motorists to carry a minimum of $25,000/$50,000 in bodily injury liability coverage and $25,000 for property damage coverage. However, if you opted to purchase no-fault insurance coverage, you might have the right to file a claim with your personal auto insurance provider as well. This is because personal injury protection (PIP) coverage is designed to compensate you no matter who is responsible for causing the accident. Then, your insurance company can file a subrogation claim against the liable party to recoup the costs. However, please do not file a claim with your insurance company without first discussing it with your attorney. It is not unusual for insurance companies to increase the value of your premium after filing a claim. You may not want to risk the additional costs.

Possible Insurer Tactics

Insurance companies lose money by paying out on claims. For this reason, insurance adjusters will resort to various tactics to protect their financial interests. Insurance adjusters have been known to make fast offers worth significantly less than a claimant deserves. They know you need money and hope to tempt you into settling for less than your claim is worth. Another way insurance companies take advantage of injury victims is by blaming them for causing their injuries. Georgia follows modified comparative negligence laws, so your settlement can be reduced in proportion to your percentage of liability. The insurance company could reasonably settle your claim for less than you would otherwise deserve if they can get away with blaming you for a portion of the accident. Do not be surprised if the insurance company argues you are missing sufficient documentation, the policy does not cover certain types of damages, or they delay the processing of your claim. Some of these tactics are normal, while others are considered bad faith. 

How to Protect Yourself During Insurance Negotiations 

The best way to protect yourself as you negotiate your car accident settlement with the insurance company is to have your attorney handle the negotiations on your behalf. The insurance company knows how much your claim is actually worth, deals with insurance negotiations daily, and recognizes signs of insurance adjuster tactics. We know what to look for when it comes to negotiating with the insurance company and will never let them take advantage of you during your most significant time of need. With a strong legal advocate working for you, you can show the insurance company you mean business.

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Process Of Filing A Claim For A Car Accident

If you want to file a claim for your car accident, you’d have to follow the steps of its intricate process. It’s best to hire the Pendergrass Law firm before you file for the claim, so you’d know what this action entails and how you can best prepare yourself for its consequences. Here is a summary of the whole process.

Notify The Insurance Company Of The Accident

Notify your own insurance company and the insurance firm of the negligent driver of the accident. But before you speak to the insurance adjuster, ensure you have hired a Gwinnett County car accident attorney. You would have to mind your diction while you make any statement in front of the insurance firm against which you’re filing the claim, or the same could be used against you to reduce your compensation.

Investigate The Accident

To gather evidence to support your claim, you’d have to investigate the accident, and the proof should indicate the defendant’s negligence. An experienced attorney would help you gather valuable evidence that could be used in your favor.

Negotiate A Settlement

Both your lawyer and the insurance company would be more inclined to reach a favorable settlement out of court. Lawsuits can be expensive for both parties, so negotiating a settlement that protects your interest is the easy and cheap way out. A good negotiator would be able to persuade the insurer to provide coverage for both immediate and foreseeable expenses.

File A Lawsuit

While the efforts of your attorney would be directed towards striking a favorable deal with the insurance company, they would advise you to file a lawsuit if the company is being unreasonable with their offer. It could be an effort to intimidate the insurer and see if they change their mind about the initial offer. However, if the company is adamant about not giving you the proposed compensation, going to the trial is the only way forward.

Pendergrass Law can fight for your interests in court with intensity and ensure that you get the desired settlement by the end of it.

Why Choose Us

Pendergrass Law Gwinnett County car accident law firm can help you get justice for your car accident injuries quicker than other law firms in the city. 

  • Personal injury is our sole practice area, and all our professionals are learned and well-practiced personal injury attorneys who specialize in calculating damages, providing legal counseling and representation, and legal assistance.
  • We have been practicing in the county for decades and have recovered millions of dollars for our clients in settlement of their personal injury and Car Accident Cases. We act swiftly so we don’t waste precious time and award our clients with fair compensation quickly. 
  • We aggressively fight for the cause of our clients and ensure that they get the settlement they deserve, whether the verdict is from the insurance company or the Georgia courts. 
  • We strongly discourage our clients from accepting lowballs thrown by the company. We don’t pay heed to the intimidations of the insurer and ensure that we receive the compensation that we propose after thoroughly calculating the damages of the auto accident.

We also deal with truck accidents and wrongful death cases. Contact us today.

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Car Accidents FAQ

What Should I Do Immediately After A Car Accident?

If you’ve been in a car crash, the first thing you should do is call 911 and get the due medical attention. Even if you think that you’re okay and there are no visible injuries, consult a doctor, nevertheless, as delayed pain is not uncommon. You could also make a call to the police so they could investigate the scene and gather valuable evidence while it’s still fresh. If you’re fit enough, take a quick survey of the scene and see if there are any witnesses who’d be willing to give a statement to the insurance companies. If yes, take their number. You could also take photos and videos of the scene. Call a county car accident lawyer once you get discharged from the hospital.

Will I Have To Go To Court If I File A Personal Injury Claim For A Motor Vehicle Accident?

Usually, the case of auto accidents and motor vehicle accidents is resolved outside of court since lawsuits can prove to be expensive for both parties. The two parties, their car accident attorneys, and the insurance companies negotiate and try to reach an agreeable settlement with all the concerned parties. So to file an injury claim, you don’t have to go to court. However, if the insurance firm is not willing to give you the compensation that you deserve, you can file a lawsuit against them and let the courts decide. Although, your lawyer would advise a case only as a last resort. Most of their efforts would be toward reaching an out-of-court settlement, as they are relatively quick and inexpensive to resolve.

What Information Do I Need To File A Claim For Car Crashes?

Before you barge into the offices of an insurance firm, you need to hire a lawyer and collect bits of information that would help your case. For starters, you’d need the contact information of the people involved in the accident and the eyewitnesses of the crash. Photos and videos of the accident scene and your injuries could further strengthen your claim. In addition to this, the official police reports and the doctors’ statements that tended to your injuries could help your cause as well. You can talk to an attorney about what other kinds of information can be used to prove negligence on the part of the defendant.

What Happens If I Believe That I Could Be Partly At Fault For The Car Accident?

If you have reasons to believe that you could be partly at fault for the accident, the first thing to remember is not to admit guilt. If you give a statement saying that you think your inattentiveness played a role, too, rest assured, the insurance firm will try everything in its might to pin the blame for the accident on you. The next thing to know is that even if investigations reveal that you were partly at fault for the accident, you could be entitled to some percentage of the claim as per Georgia law. This is called modified comparative negligence. Your total claim would get reduced by the percentage of your fault. So if you were 30% at fault, your comprehensive compensation would decrease by 30%. However, it is noteworthy that you should be less than 50% at fault for your claim to hold any water. If your responsibility exceeds 50%, you will be unable to recover any money.

What Is The Statute of Limitations For Car Accident Claims In Gwinnett County?

You must file your Gwinnett County car accident lawsuit before the statute of limitations expires. Georgia law says you have up to two years from the date of your accident to file your claim. However, if you file a claim with the insurance company, you might have as few as 30 days. Those who fail to file their claims before these deadlines lose the opportunity to hold the liable party accountable to the fullest extent of the law.

Contact A Car Accident Lawyer In Gwinnett County For Help Today

After a car accident, your injuries may take a significant toll on your life. While the process for recovering compensation and holding the liable party accountable can be intimidating, with the right legal advocate working for you, you can focus on healing from your injuries while we handle the legalities. Get started on your insurance and civil claims when you reach out to a reputable Gwinnett County car accident lawyer at The Pendergrass Law Firm. Our team is proud to offer no-cost, risk-free consultations to car accident victims across Gwinnett County in the state of Georgia. Please take advantage of this opportunity when you complete our convenient contact form or call our office today.

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Aggressive Driving Accidents

Aggressive Driving Accidents

Aggressive driving is one of the more common types of behavior that you will see on the roads.

Distracted Driving Accidents

Distracted Driving Accidents

Driving is second nature to most people, even those who have been doing it for just a short amount of time.

Drunk Driving Accidents

Drunk Driving Accidents

When we get behind the wheel of our car and head out onto the roads, we have an obligation to each other.

Rear End Collisions

Rear End Collisions

The injuries you sustain after experiencing a rear-end collision differ vastly from those caused by other car accidents.

Speeding Accidents

Speeding Accidents

Speeding is one of the leading causes of car accidents with severe injuries.

T Bone Collision

T Bone Collision

Car accidents are generally life-threatening, but getting into a T-Bone collision can put your personal well-being in even more danger.

Texting And Driving Accidents

Texting And Driving Accidents

Careless drivers who don’t pay attention to the road because they are distracted while driving are one of the most frequent reasons car accidents occur.

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