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Marietta Car Accident Lawyer
A car accident can turn your life upside down in just seconds. Whether you’re involved in a collision on Cobb Parkway or caught in a multi-car crash near Marietta Square, the aftermath can leave you juggling medical expenses and lost income — not to mention the physical and emotional trauma. During this confusing time, an experienced Marietta car accident lawyer answers your questions, protects your rights, and secures your future.
At Weatherby Law Firm, we call on decades of experience to guide victims through car accident cases in Marietta. We understand both the legal complexities of car accident claims and the unique personal challenges that victims face. We’ve successfully helped drivers like you navigate the complicated insurance claims process and secure the compensation needed to rebuild their lives.
We operate on a contingency fee basis, which means you pay nothing upfront for our services. Your attorney only gets paid if we win your case or secure a favorable settlement. In other words, our best interests are your best interests.
Let’s work together to maximize your compensation.
Why You Need a Marietta Car Accident Lawyer
Georgia operates under an “at-fault” system for auto insurance claims. This means the driver responsible for causing an accident is financially responsible for the resulting damages and injuries. After an accident in Marietta, you have the right to seek compensation directly from the at-fault driver’s insurance company.
But this process is rarely straightforward.
Car accident victims usually face uphill battles when dealing with insurance companies on their own. Insurance adjusters may seem sympathetic, but their job is to protect their company’s profits by minimizing payouts. Without legal representation early on, you run the risk of accepting a lowball settlement offer that won’t cover your long-term needs.
A skilled Marietta auto accident lawyer advocates on your behalf throughout the claims process. At Weatherby Law Firm, we handle all communication with insurance companies, preventing them from using your statements against you. We conduct investigations, gather evidence, and work with medical experts to fully establish your injuries and future care needs. This detailed approach builds stronger cases, allowing us to successfully negotiate on your behalf.
Decades of experience have shown that car accident victims with legal representation receive significantly higher settlements than those who pursue car accident claims alone. The big difference is that we’re familiar with insurance company tactics and how to overcome them. We also understand the true value of your case — including often-overlooked damages like diminished quality of life, future medical care, and lost earning capacity.
By having a knowledgeable negotiator on your team, you can focus on your recovery instead of worrying about whether you’ll be able to pay for it.
What to Do After a Car Accident in Marietta
The moments following a collision can be chaotic, but your actions during this critical time can significantly impact your ability to receive fair compensation. Here are the essential steps to take after a car accident in Marietta:
1. Prioritize Safety and Assess Injuries
Move to a safe location if possible and check everyone involved for injuries. Call for emergency medical assistance if anyone appears seriously hurt.
2. Call 911 and Report the Incident
Notify Marietta police about the accident, regardless of severity. Their official report will become a crucial piece of evidence for your insurance claim and potential legal case.
3. Seek Medical Attention
Visit a healthcare provider for a medical evaluation — even if you feel fine. Many serious injuries like whiplash, concussions, and internal trauma may not show symptoms immediately.
4. Gather Evidence
Use your smartphone to capture detailed photos of vehicle damage, the accident scene, traffic signals, road conditions, and any visible injuries. Obtain statements and contact information from witnesses who observed the crash.
5. Notify Your Insurance Company
Notify your insurance company about the accident using only the basic facts. Avoid accepting blame and never agree to recorded conversations without legal counsel.
6. Contact a Marietta Car Accident Lawyer
Contact Weatherby Law Firm before making significant decisions or accepting settlement offers. Early legal guidance protects your rights and maximizes your potential compensation.
Common Causes of Car Accidents in Marietta
Through our years of representing injury victims in Marietta, we’ve gained insight into the most frequent collision causes in the area. These include:
- Distracted Driving
- Speeding
- Drunk Driving
- Reckless Driving
- Poor Road Conditions
Types of Car Accidents We Handle
Weatherby Law Firm has investigated a variety of automobile accidents, which means we understand the nuances of each. We will leverage these fine details to build a compelling case that supports your claim.
Some of the most common types of car accident cases we handle include:
- Rear-End Collisions
- T-Bone Accidents
- Head-On Collisions
- Rollover Accidents
- Multi-Vehicle Pileups
- Hit-and-Run Accidents
- Uber & Lyft Accidents
- Truck Accidents
- Motorcycle Accidents
Types of Injuries in Car Accidents
If you’ve been hurt in a car accident, we encourage you to get evaluated by a medical professional as soon as possible. Medical treatment doesn’t just prevent minor injuries from becoming serious ones; it also strengthens the credibility of your legal claim.
Some of the most common car accident victims experience include:
- Traumatic Brain Injuries (TBIs)
- Spinal Cord Injuries and Paralysis
- Broken Bones and Fractures
- Soft Tissue Injuries
- Internal Bleeding
- Psychological Trauma (PTSD, Anxiety, Depression)
Proving Liability in a Marietta Car Accident Case
Successfully establishing fault in a car accident requires a systematic approach and a deep understanding of Georgia’s liability laws. At Weatherby Law Firm, we leverage our experience to navigate these complexities for our clients.
Georgia follows a modified comparative negligence system, which allows injured parties to recover damages even when partially responsible for the accident — as long as their fault remains below 50%. Once you reach the 50% threshold, you lose eligibility for compensation entirely. Accurate liability assessment is critical, as even slight adjustments in fault percentage can impact compensation.
Establishing liability in car accidents involves several key elements:
Evidence Collection
In addition to Georgia’s motor vehicle crash investigation assistance, hiring a Marietta car accident lawyer supports your version of the collision that caused your injuries. This includes gathering police reports, witness statements, surveillance footage, vehicle data recordings, and cell phone records to create a comprehensive timeline of the accident.
Accident Reconstruction
For complex cases, we work with specialized experts who analyze skid marks, vehicle damage patterns, and impact dynamics to scientifically establish how the collision occurred.
Documentation of Negligence
Our team works to demonstrate the four essential components of negligence: duty of care (an obligation to drive safely), breach of that duty, causation connecting the breach to your injuries, and documentation of your damages.
Insurance companies employ skilled adjusters whose primary goal is to minimize payouts by assigning fault to you. Our attorneys understand the tactics they use and counter them with compelling, evidence-based negotiation strategies.
In cases where infrastructure problems like poor road design or inadequate signage contributed to your accident, we’ll investigate the potential for government liability. While these claims involve unique challenges, including shorter filing deadlines and special notice requirements, an experienced Marietta car accident attorney knows how to overcome them.
Compensation Available for Car Accident Victims
Depending on the damages suffered, car accident victims in Marietta are entitled to several types of compensation.
Economic Damages
Economic damages compensate car accident victims for direct financial losses, including:
- Medical expenses
- Lost wages and loss of future earning capacity
- Property damage
- Rehabilitation and therapy costs
Non-Economic Damages
Non-economic damages address the personal impact of your injuries, and are usually more difficult to quantify on paper:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Punitive Damages
In cases of extreme negligence or intentional misconduct — such as reckless driving or DUI — Georgia courts may also award punitive damages. Punitive damages are intended to punish the at-fault party and deter similar behavior in the future.
How Long Do You Have to File a Car Accident Claim in Georgia?
Time is critical after a car accident. Georgia law establishes specific deadlines — known as statutes of limitations — for filing various types of accident claims:
- Personal Injury Claims: You have two years from the date of the car accident to file a lawsuit seeking compensation for injuries.
- Property Damage Claims: You have four years from the car accident date to file claims related to vehicle damage or other property losses.
- Wrongful Death Claims: Families have two years from the date of death (which may differ from the accident date) to pursue wrongful death actions.
These deadlines become more complex in certain situations:
- Claims Against Government Entities: If your accident involved a municipal vehicle or was caused by road maintenance failures, you typically have just six months to file a formal notice of claim before pursuing legal action.
- Claims Involving Minors: When children are injured, the statute of limitations may be extended until they reach 18, though parents can file on their behalf immediately.
If you’ve been injured in a collision, consult with a Marietta car accident lawyer as soon as possible. Missing these deadlines can permanently forfeit your right to compensation — regardless of how strong your case might be. At Weatherby Law Firm, we ensure all documentation is filed properly and within the required timeframes, protecting your right to fair compensation.
Will My Car Accident Case Go To Trial?
Most claims settle before trial for several reasons:
- Insurance companies often prefer avoiding the unpredictability and expense of court proceedings.
- Both parties typically benefit from the certainty of a negotiated settlement.
- The litigation process can be lengthy, delaying compensation and weighing down resources needed elsewhere.
However, when insurance companies refuse reasonable settlements or dispute fundamental aspects of liability, Weatherby Law Firm is ready to advocate for you in court. Here’s what to expect if your case goes to trial:
- Pre-Trial Preparation: Our attorneys build your case through discovery — obtaining evidence, taking depositions, consulting experts, and developing a narrative of the accident and its impact on your life.
- Case Strategy: Development: We’ll create a comprehensive trial strategy that anticipates defense arguments, prepares key witnesses, and organizes evidence for maximum impact. This includes preparing you thoroughly for any testimony you may need to provide.
- Courtroom Proceedings: Our experienced trial lawyers will handle every aspect of the courtroom process, from jury selection and opening statements to witness examinations and closing arguments. Throughout this process, we outline expectations so you’re prepared for everything.
- Settlement: Settlement negotiations often continue after a lawsuit is filed. Many cases resolve during pre-trial stages when the strength of our evidence and preparation becomes apparent to the defense.
The decision to proceed to trial always remains yours. We provide honest assessments of your case’s strengths and potential outcomes, empowering you to make informed choices about settlement offers versus continued litigation.
How Much Does It Cost to Hire a Car Accident Lawyer?
Most car accident lawyers work on a “contingency fee” basis — which means they only get paid if you win your case or secure a settlement. In other words, you won’t owe any legal fees unless your claim results in a favorable outcome.
Generally, attorneys charge contingency fees that range from 33% to 40% of your recovery amount. For cases that are settled out of court or pre-litigation settlements, the fee percentage is usually about 33%. However, if your case goes to trial — known as post-litigation settlements — that percentage edges closer to 40% to reflect the additional time, resources, risks, and legal expertise required for trial-level representation.
Let’s look at an example:
- Pre-litigation Settlement: If your case settles before filing a lawsuit for $100,000, your attorney’s fee at 33% would be $33,000.
- Post-Litigation or Trial Verdict Settlement: If the same case goes to trial and results in a $200,000 jury verdict, with a 40% contingency fee, your attorney’s portion would increase to $80,000.
Most car accident victims are relieved to learn that they’re not required to pay anything while dealing with other mounting expenses related to their injuries. Conversely, attorneys are motivated to secure the best possible outcome for their clients under a contingency fee arrangement.
Contact A Marietta Car Accident Lawyer Today
Have you been injured in a car accident, and you’re not sure where to turn?
Contact Weatherby Law Firm for a free consultation while your injuries are still fresh. The sooner you seek help, the better our chances of securing evidence before it’s lost or erased.
FREE CONSULTATION WITH A D*MN GOOD MARIETTA CAR ACCIDENT LAWYER
Atlanta Office
Main Office and Mailing Address
750 Piedmont Avenue NE
Atlanta, GA 30308
Marietta Office
By Appointment Only
40 Powder Springs St
Marietta, GA 30064