Posted in Auto Accidents
Legal Options for Anyone Injured in a Car Accident in Albany
According to a May 2017 article on WALB, a person was killed in an Albany car accident early on a Sunday morning. The accident happened on Gillionville Road at Meadowlark Drive.
A 22-year-old woman lost her baby in the car wreck and at least five others were injured.
A 24-year-old man was driving a 2017 Hyundai Elantra. He was heading east on Gillionville and allegedly lost control of his vehicle. He allegedly hit two parked vehicles in a used car lot. The male driver was taken to the hospital in critical condition.
According to patrol officers, the car accident was allegedly alcohol related. At the time of the article, patrol officers were still investigating the crash.
What is an Albany Car Accident Claim?
A car accident is an accident that occurs involving one or more commercial or passenger vehicles. Depending on the speeds the cars were traveling at and the size of each car, the resulting injuries can range from minor scrapes to life-changing damages like a brain or spinal injury. The car accident may also involve property damage. From both there personal injuries from the car accident and the potential damage to the car, victims can be left with piles of bills that they may not have the money for. An Albany car accident claim is a type of legal action designed to help car wreck victims recover money from the negligent driver who was responsible for the accident,
Legal Options in Albany to Recover Compensation for Injuries in a Car Accident
Anyone injured in a car accident may obtain damages to pay for accident-related expenses such as:
- Medical bills
- Pain and suffering
- Lost wages
- Vehicle property damage
The legal options available in a car accident case depend on the type of injuries and facts of the case. For instance, a case may fall into the following categories:
- Personal injury claim
- Wrongful death claim
- Out-of-court settlement
A Personal Injury Claim for Injury-Related Expenses in an Albany Car Accident
A car accident claim involves filing a claim with an insurance company or filing a lawsuit in an Albany court for damages. In a claim filed with the insurance company, the accident victim seeks payment from the other driver’s insurance provider. The claim adjusters will determine how much money the claim is worth.
A car accident lawsuit involves filing a petition in court to obtain damages from the at-fault party. An insurance claim can become a lawsuit if a settlement is not reached or if the company offers a low settlement amount.
Getting money in a personal injury lawsuit involves proving negligence. A lawyer will have to argue to a jury or judge that their client deserves to be compensated because:
- The other driver owed the accident victim a legal duty to protect them from harm;
- The other driver violated that legal duty when they negligently caused the accident; and
- The other driver’s negligent actions were the indirect or direct cause of the accident victim’s injuries.
A Wrongful Death Claim Involves Suing the Wrongful Party for a Loved One’s Death
A wrongful death lawsuit seeks money to pay for accident-related expenses incurred because of a loved one’s death in a car accident. The claim can only be filed if an individual dies as the result of the car crash.
A wrongful death claim is proven the same way as a personal injury claim. The at-fault party must have a legal duty to the loved one. They must have caused the accident that led to the death or accident-related injuries. A family member suing for wrongful death is able to seek damages such as:
- Funeral expenses
- Burial expenses
- Loss of companionship
All Albany Car Accident Claims Can Be Settled Out of Court
An out-of-court settlement refers to an agreement between the two parties (the plaintiff and the defendant) that states that the defendant will make a lump-sum payment, or series of payments, to the plaintiff for his/her injuries. The agreement is reached without intervention from the court. The accident victim agrees to take the money and gives up all rights to sue later for their injuries. The at-fault party does not have to admit guilt for causing the accident.
All claims, whether a personal injury, insurance, or wrongful death claim, can be settled this way. Settling the case involves a series of negotiations to find an agreed upon amount. It may take months or longer to determine the amount.
Both sides will offer a settlement amount. The offers may be rejected prior to finding the correct amount. An accident victim’s attorney will determine the amount of damages sustained. They will then fight for that amount or higher.
Sometimes an insurance company may offer a fast settlement that is less than the value of the case. In this scenario, the insurance company hopes the accident victim will accept the settlement without consulting a Georgia car accident attorney. To avoid being taken advantage of in this way, car accident victims should let an attorney represent them during negotiations to receive the highest possible settlement.
Contact the Offices of Council & Associates, LLC about Your Legal Options in Your Albany Car Accident
Every car accident is different. One person injured in a crash may file a personal injury claim for medical bills and lost wages. Another person in the same accident may have died. Their family could file a wrongful death claim because of their loved one’s death.
Regardless of the type of accident or injuries sustained, you have the legal option to pursue the case in court or accept a settlement. At Council & Associates, LLC, our ultimate goal is to quickly get you the maximum money you deserve.
Our firm cares about you and getting you the money you need to recover from your injuries. Contact us about your claim. We will discuss your claim during our free consultation and explain your legal options and how we will proceed to get you the money you deserve.
Contact us today.