Your Rights After a Drunk Driving Accident: How Lonati Law Firm Can Help

Hit by a Drunk Driver? Discover What You May Be Entitled To

Drunk driving accidents are tragically common, with the state of Georgia witnessing its share of these catastrophic events. These crashes not only cause severe injuries but also bring profound emotional and financial distress.

If you're reeling from the aftermath of such an accident, you likely have pressing questions about compensation and your rights. At Lonati Law Firm, we're committed to guiding you through these turbulent times with expert legal assistance.

To contact Lonati Law Firm for a free consultation, call us at 678-363-3500 or fill out the form on our website.

 

Can I Receive Compensation?

Yes, victims of drunk driving in Georgia can potentially receive financial compensation. This compensation typically covers:

• Medical costs and ambulance fees.
• Lost earnings due to inability to work.
• Physical and emotional trauma.
• Repair or replacement costs for your vehicle.

Every case is unique, and while a settlement isn't guaranteed, the expertise of a skilled attorney can significantly influence the outcome. Let us at Lonati Law Firm evaluate your case and steer it toward the most favorable resolution.

Establishing Fault in Georgia

Georgia, being an at-fault state, requires a determination of liability in car accidents. The person responsible must cover damages stemming from their actions. Establishing fault involves reviewing police reports, witness statements, and scene investigations.

Drunk driving isn't just irresponsible—it's a significant risk to all road users. But who's to blame?

The Driver

Driving under the influence is negligent. The onus lies primarily with the driver.

Bars/Restaurants

Establishments serving alcohol to visibly intoxicated persons can also be held responsible.

Multiple Parties

Both the establishment and the driver could be at fault, and you could potentially file a claim against both.

The Value of Suing a Drunk Driver

Facing physical pain, emotional upheaval, and even the tragic loss of life, those impacted by a drunk driving incident often find justice and financial relief through legal action. Pursuing a lawsuit can mitigate financial burdens and provide a semblance of peace in challenging times. Our role at Lonati Law Firm is to shoulder your legal struggles, allowing you to focus on recovery and healing.

Navigating Insurance and Coverage Options

Dealing with the Drunk Driver's Insurance

When a drunk driver hits you, figuring out how to pay for things like doctor bills, lost income, and fixing your car can be stressful. Here's a simple guide to understand what might happen if the other driver has insurance and what your options are if they don't.

Usually, if the driver who hit you was drunk and they have insurance, their insurance should help pay for your costs. This means they might cover things like:

• Medical Bills: If you're hurt and need to see a doctor or stay in the hospital.
• Lost Wages: Money you couldn't earn because you were too hurt to work.
• Car Repair or Replacement: Fixing your car if it's damaged or helping you get a new one if it's too broken to fix.

But What If Their Insurance Isn't Enough or They Don't Have Any?

Sometimes, the drunk driver's insurance might not cover all your costs, or they might not have any insurance at all. In these cases, you may have other options:

Uninsured and Underinsured Motorist Coverage

This is part of your own car insurance. If the person who hit you doesn't have enough insurance (or none at all), this coverage can help pay for things like medical bills or car repairs.

MedPay Injury Coverage

Think of MedPay as a special kind of health insurance that's just for when you're in a car accident. It can help pay for your medical treatment after the crash.

Collision Coverage

This part of your insurance helps fix or replace your car if it's damaged in an accident. It doesn't matter who caused the crash; this coverage is there to help you.

Health Insurance

Don't forget about your regular health insurance. It can also help cover the cost of treating your injuries from the car accident.

Every insurance policy is different, so it's important to check what your policy covers. And if you're not sure what to do or what you have, it might be a good idea to talk to a DUI accident lawyer in Georgia. They can help you understand your options and make sure you get the help you need.

Types of Damages in a Drunk Driving Case

When someone is hurt in an accident caused by a drunk driver, the law lets them ask for money to cover their losses and suffering. This money is called "damages," and there are two main kinds: Actual Damages and Punitive Damages.

Actual Damages

Actual damages are money given to the person hurt in the crash to help them return to how things were before the accident. Think of it like trying to fix what the accident broke. Here's what actual damages can cover:

Medical Expenses

This includes all the costs for medical care needed because of the accident. It covers hospital stays, doctor visits, physical therapy, and any medicines needed.

Lost Wages

If the person hurt in the accident can't work because of their injuries, they lose money they would have earned. Actual damages can help make up for this lost money.

Property Damage

This is money to repair or replace any personal belongings harmed in the crash, like a damaged car.

Emotional Distress

Accidents are scary and can leave someone feeling really upset, scared, or even depressed. Money for emotional distress is meant to acknowledge this invisible, yet very real, harm.

Impacts on Family Relationships

Sometimes, the injuries from an accident can change a person's relationship with their family. For example, they might not be able to take part in family activities like they used to. Actual damages can help address this kind of harm, too.

Punitive Damages

Punitive damages are a bit different. While actual damages are about fixing what was hurt, punitive damages are about teaching a lesson. These are extra money that the drunk driver must pay, over and above the actual damages. Here's why they are important:

Punishment

Punitive damages are meant to punish the drunk driver for their really bad decision to drive while drunk. It's a way of saying that what they did was wrong and unacceptable.

Warning to Others

By making the drunk driver pay more, it warns others not to make the same mistake. It's like putting up a big sign that says, "Don't drive drunk, or this could happen to you."

Calculating Settlements

Figuring out how much money you might get from a settlement in Georgia can be tricky. There's no simple average amount since each case is different. But, the money you receive usually helps cover several key things. This includes:

Medical Bills

If you've been hurt, you'll likely have medical expenses. These can be from hospital stays, doctor visits, physical therapy, and any other treatment you need because of the incident. The settlement aims to pay back these costs so you're not left with huge medical bills.

Lost Wages

If your injury forced you to miss work, you might have lost out on your regular income. This part of the settlement is designed to make up for the money you would have earned if you hadn't been injured. It helps ensure that despite missing work, you can still manage your daily expenses and maintain your lifestyle.

Pain and Suffering

This is a bit harder to put a number on. It's about the physical pain and emotional distress you faced because of the injury. While it's tough to measure these things in dollars, the settlement tries to offer some compensation for the discomfort, anxiety, or any other suffering you experienced.

A couple of factors can change how much money you might get. One is called contributory negligence. This means if you were partly at fault for what happened, it could reduce the settlement amount. Another important factor is how strong your case is. The stronger your case — meaning the clearer it is that someone else was responsible for your injury and the more evidence you have — the better the chances of getting a fair settlement. It's always a good idea to talk with a lawyer who can guide you through this process and help fight for your rights.

Assessing Pain and Suffering

Compensation for pain and suffering in Georgia depends on factors like injury severity and life impact. We use established methods like the Multiplier and Per Diem methods to ascertain a fair value for these intangible losses.

The Impact of Fatalities

A death in a drunk driving case profoundly affects the claim, potentially leading to a wrongful death lawsuit. Such cases require compassionate yet aggressive legal representation, which Lonati Law Firm is prepared to provide.

Get in Touch With a DUI Accident Lawyer Today

The path to justice after a drunk driving accident can be complex and daunting. Lonati Law Firm, with its dedicated team of attorneys, stands ready to navigate this journey with you. We're committed to securing the compensation and closure you deserve.

Contact us today at 678-363-3500 for a free consultation and take the first step toward recovery and justice.

There were over 5 million reported car crashes in 2020. Accidents happen every day, but people often do not report them immediately. This is an unwise practice, as every state has a statute of limitations on car accidents and related cases. So, when is it too late to get a lawyer for a car accident?

In Georgia, the statute of limitations is generally two years. We’ll get more into that below, so keep reading to learn more about car accidents and personal injury claims!

Or, if you’re ready to get in touch with an attorney now, contact our office to request a free initial consultation to discuss your situation and legal options.

What Is the Statute of Limitations to Sue for a Car Accident Injury?

The statute of limitations in Georgia is two years from the date of injury or death unless there is an exception. During these two years, a victim must initiate a claim or file a lawsuit with the courts.

However, there are a few exceptions to the rule. If someone doesn’t have the mental capacity to file the claim, they are a minor under the age of 18, or they can prove fraud, then they may be granted an extension on the two-year statute. Also, if criminal charges are filed in relation to the accident, that may extend the statute of limitations. Still, it is always best to immediately speak with an attorney about your specific case.

What to Do During and After a Car Accident:

You may be wondering how to report a car accident. The easiest and most common way is to call 911 at the scene of the accident. Most insurance companies require a police report of the accident, so we suggest all clients and non-clients call law enforcement immediately after a car accident.

There are a few steps to take throughout the process of an accident, after, and the following days. We’ll discuss them below:

At the Scene:

If possible, when in an accident, the victims should call law enforcement. A police report is essential for a car accident claim. Calling the police immediately allows them to see the scene, take pictures, and create a report based on those findings. Without a police report, the accident is much less substantial.

There are several other steps a victim should take in addition to calling the police. If they are able, they should take pictures of the scene and their property. They should also get the contact information from any witnesses. Taking pictures of injuries at this time is also recommended.

At the Hospital:

It is strongly advised that accident victims visit the emergency room after a car accident to assess their injuries. Some damages are not immediately visible but can cause a lasting impact, such as traumatic brain injuries. A medical evaluation is essential to determine the extent of their injuries and to get a treatment plan.

After the ER Visit:

In the days following an accident, we suggest victims keep documentation of new symptoms, bruises, or injuries that appear. Following the treatment plan provided by a medical professional is essential, as it shows insurance companies that victims are doing what the doctor says and not causing additional issues with their injuries.

Why Is It Important to Contact a Car Accident Attorney?

A car accident attorney has the knowledge clients need to build a strong claim, negotiate with insurance companies, and fight for the justice and compensation they deserve. Car accident lawyers have years of experience in dealing with these types of claims, allowing them to help clients streamline the process and build a solid case.

Benefits of Working With a Personal Injury Attorney for a Car Accident:

Working with a personal injury attorney for a car accident has many other benefits. We’ll outline a few of the top advantages below:

Legal Support

One of the best benefits of working with a personal injury attorney is the legal support clients receive. Throughout the process, the attorneys and their legal team help clients to obtain documentation, witness statements, and other forms of evidence. The law firm also helps clients understand the process and reassure them throughout.

Legal Advice and Representation

The law is complicated for personal injuries. This is why it’s important for clients to have an experienced attorney on their side. A car accident attorney offers legal advice and represents clients with external parties or in court.

Case Management

Another outstanding benefit of working with a personal injury attorney is the assistance with case management. There are a lot of moving parts to a personal injury claim. This is overwhelming for most clients, but an attorney can help. They manage the case for their clients, allowing them to focus on healing.

Peace of Mind

Perhaps the greatest benefit is the peace of mind clients receive from hiring a personal injury attorney. Clients no longer have to worry about whether they are handling the case correctly because the attorney does it for them. Car accident attorneys know the ins and outs of personal injury law, giving clients peace about the process.

Car Accident FAQs:

Below, we’ve answered the most common questions we get about car accidents:

How to Get a Police Report for a Car Accident?

If you’ve been in a car accident, you can obtain a police report from the police station. If you have hired a personal injury attorney to help with your case, they can obtain the police report for you. You may have to call and request a copy ahead of time so the department has time to make a copy. Some police departments have the request form available online.

How Long Do You Have to Report a Car Accident Injury?

You have two years after the date of an accident to file a personal injury claim. However, we do not recommend clients wait this long. The sooner they start the process, the better. Hiring an attorney sooner rather than later also means the case will be finalized sooner.

How Much Does a Car Accident Attorney Cost?

At Lonati Law, we don’t get paid unless our clients do. We receive a portion of the compensation we fight for for our clients. This means there are no upfront costs to hire a personal injury attorney. So, what are you waiting for? Call us today to get started at 678-363-3500.

How Much Is My Car Accident Case Worth?

It is impossible to answer this question without knowing the details of a case. Each situation is different, with varying degrees of injuries and factors. We recommend you speak to a car accident attorney to understand the possible compensation for a car accident. We offer free initial consultations to new clients to discuss this and their legal options. Contact us today to schedule yours.

Advantages of Hiring Lonati Law:

As an award-winning law office, Lonati Law fights for what’s right. We know our clients deserve justice and compensation for their injuries. So, we fight hard to get them what they deserve. There are other benefits of working with us, which we’ve detailed below:

We Fight for Fair and Just Verdicts

We treat our clients like family. We do whatever is needed to ensure they have a smooth legal experience. Our team is compassionate in the office and aggressive in the courtroom. Lonati Law has won numerous cases for clients, receiving various settlements ranging from $180,000 to $3.2 million.

More than 30 Years of Experience

Combined, we have more than 30 years of legal experience. We are well-versed in all areas of personal injury, including the following:

• Wrongful death
• Car accidents
• Motorcycle accidents
• Pedestrian accidents
• Traumatic brain injuries
• Semi-truck accidents
• DUI accidents
• Slips-and-falls
• Workers’ compensation

We aim to help every client receive the justice they deserve. Those responsible for the injuries should have to pay for them.

Client-First Approach

Lonati Law fights so our clients don’t have to. We treat every case uniquely because our clients are more than just a number to us. Our team is committed to providing personalized services to each and every client. We work as quickly as we can to help our clients so they can get the medical attention and compensation they deserve after an accident.

Contact a Car Accident Attorney Before It’s Too Late!

Now you understand when it is too late to get a lawyer for a car accident. We hope this has helped you better understand the Georgia statute of limitations and claim process. If you are ready to discuss your legal options with a dedicated team of legal professionals, Lonati Law wants to help.

Our team has years of experience helping car accident victims get the justice and compensation they deserve. We want to help do the same for you. Contact us today to schedule your free initial consultation and learn more about your options!