Brunswick Motor Vehicle Accident Attorney
Every year, vehicle collisions kill or seriously injure millions of Americans. Head injuries are perhaps the worst of these injuries. These wounds kill tens of thousands of Americans every year. Unfortunately, many physicians misdiagnose collision-related head injuries as shock from the accident or even early-onset dementia. As a result, these victims don’t get the treatment they need until their head injuries reach advanced symptoms. At that point, treatment is more difficult and expensive.
Over the years, the experienced Brunswick motor vehicle accident attorneys at Gillette Law have developed strong professional partnerships with top doctors in this field. These physicians are able to immediately diagnose and effectively treat collision-related injuries, like head injuries, which other professionals might miss. Typically, these doctors defer collection, or even defer billing, until the case is resolved. Therefore, victims receive top-shelf medical treatment at no upfront cost.
Evidence in Car Wreck Claims
To establish liability, victim/plaintiffs must establish negligence, or a lack of care, by a preponderance of the evidence, or more likely than not. We’ll discuss negligence below. First, let’s talk about evidence.
Medical records are often the best evidence in car wreck claims. These records usually include more than diagnosis, treatment, and cost information. Medical bills also often include physician or nurse treatment notes. These notes usually indicate the victim’s pain level at certain times. So, these documents support both economic loss claims and noneconomic loss claims. Noneconomic losses include things like pain and suffering, loss of enjoyment in life, emotional distress, and loss of consortium (companionship).
Other proof in car crash claims includes the police accident report and eyewitness statements. Our Brunswick motor vehicle accident attorneys thoroughly review all this evidence, even if it’s not favorable to the victim. The more we know about the insurance company’s case, the better we can refute some common insurance company defenses.
As mentioned, negligence is more than a one-time mistake. Instead, negligence is a lack of reasonable care. Distracted driving is a good example of the difference.
Technically, actions like rolling up the window or adjusting the air conditioner constitute distracted driving. When drivers do these things, they take their hands off the wheels and take their minds off driving. However, most Glynn County jurors would not consider such behavior a lack of care.
However, if the tortfeasor was using a hands-free speakerphone at the time of the wreck or had been eating and driving for several miles, that’s a different story.
Noncommercial drivers usually have a duty of reasonable care. Bus drivers, Uber drivers, taxi drivers, and other commercial operators usually have a duty of utmost care. They must use all their skills and experience on every trip. Furthermore, they must dedicate themselves to delivering their passengers safely from Point A to Point B.
Contributory negligence is perhaps the most common insurance company defense. This legal doctrine shifts blame for the accident from the tortfeasor (negligent driver) to the victim. For example, the insurance company might admit its insured driver was speeding, but blame the wreck on the victim’s supposedly unsafe lane change.
In these situations, jurors must divide fault between the parties on a percentage basis. Georgia is a modified comparative fault state with a 50 percent bar. So, if the tortfeasor is at least 50 percent responsible for the wreck, the victim is entitled to a proportionate share of damages.
Contact a Compassionate Glynn County Motor Vehicle Accident Lawyer
All serious injury victims are entitled to fair compensation. For a free consultation with an experienced Brunswick motor vehicle accident attorney, contact Gillette Law, P.A. We routinely handle matters in Florida and Georgia.