Filing an Automobile Accident Claim
A single car accident can change your life in an instant. If you were involved in a serious crash, you might find yourself facing significant physical, emotional, and financial challenges. Getting back on your feet can be difficult, especially when medical bills begin piling up and you are forced to take weeks, months, or even longer off work to heal.
At The Roth Firm, LLC, we understand just how stressful it is to not only be involved in a car accident but also to deal with the aftermath of the crash. The good news is that you could be entitled to financial compensation—and we can help. Based in Atlanta, our car accident attorneys represent victims of all types of motor vehicle accidents throughout Georgia and Tennessee. We have extensive experience and have helped countless clients recover the fair compensation they were owed; get in touch with us today to learn how we can assist you with your auto accident claim.
Proving Liability in Your Car Accident Case
Both Georgia and Tennessee follow fault-based systems (also known as “tort” systems) when it comes to motor vehicle accident claims. This means that injured automobile accident victims must establish that another person or party was at fault for the accident to recover compensation in a personal injury lawsuit. Generally speaking, the insurance company for the at-fault party will pay your medical bills, lost wages, and other damages if you are successful in bringing a claim.
To prove liability in your car accident case, our attorneys will first identify the cause of the accident. Some common causes of car accidents include:
- Reckless driving
- Distracted driving
- Driving under the influence of alcohol/drugs
- Fatigued driving
- Violating traffic laws/rules
- Failing to yield the right of way
- Poor road conditions
- Auto defects
- Defective road construction/design
By establishing the cause of the accident, our attorneys can identify the at-fault person or party. Depending on the specifics of your case, the liable party might be a negligent motorist, an auto parts manufacturer, or some other entity.
Can You File a Car Accident Claim If You Were Partly at Fault?
Motor vehicle accidents are rarely black and white; often, multiple parties share some of the blame. Most states recognize this and, as such, have comparative negligence rules that determine if and how partly responsible parties can recover compensation after an accident.
There are two types of comparative negligence:
- Pure Comparative Negligence: With pure comparative negligence, each involved party is assigned a certain percentage of fault, and one’s percentage of fault does not play a role in whether or not they are entitled to file a claim. In other words, you can file a claim even if you were more at fault than the other party.
- Modified Comparative Negligence: In states that follow a modified comparative negligence rule, each involved party is assigned a certain percentage of fault, but you are not permitted to file a claim if your percentage of fault is above a certain limit (typically around 50%). In other words, if you are more at fault than the other party, you usually cannot file a claim.
Both Georgia and Tennessee follow the rule of modified comparative negligence with a 50% bar. If you are found to be 51% or more at fault for a car accident, you are not entitled to file a claim and seek compensation for your damages.
If, however, you are 50% or less at fault for the accident, you can file a claim for damages. However, your total recovery will be reduced by your at-fault percentage. This means that if you are found to be 25% at fault for the crash, you can only recover up to 75% for your damages.
How The Roth Firm, LLC Can Help
At The Roth Firm, LLC, our car accident attorneys have extensive experience handling all types of motor vehicle accident claims, including cases involving:
- Distracted drivers
- Rideshares (Uber, Lyft, etc.)
- Trucks and commercial vehicles
- Wrongful death
- Whiplash, traumatic brain injuries, and other serious injuries
- Defective airbags, tires, seatbelts, and other auto parts
Since 2006, we have been aggressively advocating for the rights of injured victims and the surviving family members of those killed in fatal crashes. Our attorneys have experience in insurance defense, giving them invaluable insights and knowledge of how the opposition works.
We know how to effectively fight back against insurance companies’ efforts to confuse accident victims so that they can dispute, devalue, or deny their claims. In every instance, our firm works to maximize our clients’ recoveries, allowing them the ability to heal and get back on their feet after serious accidents, injuries, and losses.
Contact Us Today for a Free Consultation
If you were recently injured in a car accident, reach out to The Roth Firm, LLC as soon as possible. Your time to file a claim is limited, so do not delay in scheduling a complimentary case evaluation with our team. We provide compassionate, individualized service and aggressively advocate for our clients at every stage of the legal process.
With offices in Atlanta, Nashville, Fayetteville, and Marietta, we are prepared to help you wherever you are located. We can even travel to meet you at your home or in the hospital if needed. There are no attorney fees when you work with The Roth Firm, LLC unless we secure compensation for you.
More Than Another Billboard Firm
Our attorneys care about clients like you. At The Roth Firm, your needs come first!
Experienced Team Ready to Fight
For over 15 years, our team has fought to help those injured due to negligence and are ready to do the same for you and your loved ones.
Our Clients Are Like Family
We are a boutique litigation firm, focusing on specific injuries. Each case, like our clients, is unique and will be treated with individual attention and urgency.
Accessible When You Need Us Most
We will travel to you after hours or weekends and are available for video or phone consultations.
Free Case Evaluations
Meet with our team to hear we can help you. We work on a contingency fee basis, which means you won't pay unless we win!