When To Call a Lawyer After a Car Accident in Atlanta?

Dec 15, 2023

Car accidents are unfortunately a common occurrence on American roads. Victims may have many questions and concerns in the aftermath of a collision. You will immediately begin to incur unexpected medication costs, lost wages, and other costs due to the car crash. The thoughts of potential compensation and when is the right time to call an attorney for assistance will also come to mind.

While not every accident requires legal action, there are specific scenarios where seeking legal counsel is crucial. At the Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer, we recommend calling an attorney as soon as possible so they can start building your case. However, if any of the following situations represents your situation, call a car accident lawyer right away:

High Extent of Injuries

One key factor in deciding when to call a lawyer after a car accident is the severity of injuries sustained. According to the National Institute of Health, car crashes leave around 1.35 million people disabled or dead every year. These are significant injuries that require extensive medical attention.

In such a case, it’s advisable to consult with an attorney promptly. A legal professional will build a personal injury claim on time and adequately evaluate the extent of your injuries to ensure you receive fair compensation.

Fault and Liability Disputes

Mostly, determining fault in a car accident can be a contentious issue. If there is a dispute about who is at fault or if the other party denies responsibility, you need to call an attorney right away.

Your personal injury lawyer will collect evidence, reconstruct the accident, and establish liability. This is particularly important when the opposing counsel tries to minimize the payout.

Insurance Company Challenges

Dealing with insurance companies may be complicated, especially when they attempt to undervalue or deny your claim. If you encounter resistance from an insurance company in terms of compensation or coverage, consult with an attorney immediately. A lawyer will negotiate with the insurance adjusters to ensure you are duly compensated.

Car Accident that Happens in School Zones

There are around 100 schoolchildren with fatal injuries around school zones every year. But unlike adults, children are held to a lower standard, and even if they might be distracted, they are rarely considered contributorily negligent. The Georgia legal system recognizes the heightened duty of care owed to children, which can significantly impact the compensation for their injuries.

In such cases, hiring a lawyer becomes essential to navigating these issues. The lawyer will ensure that the unique aspects of the situation are considered and that the compensation rightfully reflects the circumstances involving child pedestrians.

Call a Car Accident Attorney in Atlanta Today

Call a car accident attorney soon after a car accident, especially in light of the Georgia two-year statute of filing your personal injury lawsuit. At our firm, we understand that some situations require robust legal strategy and swift legal action to secure rightful compensation. If you find yourself in such situations, seek the guidance of an attorney to ensure your rights are upheld. Call us today at (770) 821-6862 to start your case.

Do Filing Deadlines Affect The Time I Have For Finding A Lawyer?

When it comes to filing a lawsuit for a personal injury claim in Georgia, you have up to two years from the date of the injury (O.C.G.A. § 9-3-33). If you don’t take action within this time, you forfeit your legal grounds for filing a personal injury lawsuit.

However, note that waiting until the eleventh hour can limit your options and compromise the strength of your case. This is because your attorney will not have sufficient time to build your case. An Atlanta car accident lawyer understands these legal timelines and will help you observe them properly.

Benefits of Hiring a Car Accident Attorney Early

Here are the benefits of hiring a car accident attorney shortly after the car accident:

Thorough Case Development

Early engagement allows your attorney to delve deeply into your case. They will gather evidence, review police reports, and interview witnesses while details are fresh. This early action allows a comprehensive approach to strengthen the foundation of your claim.

Protection Against Insurance Tactics

Insurance companies often try to settle quickly to offer low amounts. They are known to initiate communication with the victims so as to use their statements against them later.

However, having a lawyer on board early shields you from these tactics. Your attorney can handle communications to ensure you’re not coerced into accepting an inadequate settlement.

Preservation of Crucial Evidence

Over time, evidence can fade, witnesses’ memories may blur, and crucial details might be lost. When you act promptly, your attorney can preserve critical evidence like photographs, medical records, and witness statements. This evidence will bolster the strength of your case.

Swift Initiation of Legal Proceedings

Prompt legal representation means your attorney can swiftly file the required paperwork and initiate the legal process. This ensures compliance with filing deadlines and avoids any last-minute rushes that might compromise the case.

Call a Georgia Car Accident Attorney Promptly

If you have been involved in a car accident and you’re considering taking legal action, don’t let time slip away. Contact a car accident attorney promptly from our law firm to maximize your chances of a favorable outcome. We are ready to advise, guide, and support you in the legal process. Call us at (770) 874-9746 now to book for a free consultation.

Consider a Firm Specializing in Auto Accidents

When searching for legal representation, it’s wise to focus on firms that specialize in auto accidents. These firms often have lawyers who deeply understand the issues involved in such cases. Their experience can make a significant difference in the outcome of your case.

Seek Recommendations from Friends, Colleagues, and Family

Personal recommendations carry substantial weight. Reach out to friends, colleagues, and family who may have faced similar situations. Their insights can provide valuable information about lawyers they’ve worked with, helping you narrow down your options.

Consult Other Attorneys Handling Different Matters

If you already have a lawyer who handles a different area of law, consider seeking their advice. Lawyers often have networks and can recommend reputable colleagues. Even if they don’t specialize in personal injury, they can guide you toward a reliable professional in the field.

Have a Consultation Before Making the Final Decision

Once you’ve shortlisted potential lawyers, schedule consultations with each. This initial meeting is a crucial step in gauging whether they’re the right fit for your case. Pay attention to how they communicate, how well they understand your situation, and their proposed strategy.

During the consultation, ensure to do the following:

Inquire about the lawyer’s experience in handling car accident cases. The more experience they have, the better equipped they are to navigate the complexities of your situation. Ask about their success rate and if they’ve dealt with cases similar to yours.
Discuss the lawyer’s fee structure, whether it’s hourly, a flat rate, or contingent on winning the case. Clarify any additional costs you might incur throughout the legal process.
Understand the steps involved, potential timelines, and what will be expected of you as the client. This clarity can alleviate uncertainties and stress during legal proceedings.
While no lawyer can guarantee a specific outcome, your attorney should be able to provide insights into the potential compensation you might receive. They will be realistic about the strengths and challenges of your case.

Find a Car Accident Lawyer Near You

A diligent and careful consideration in finding the right lawyer after a car accident can significantly impact the outcome of your case. Don’t hesitate to take the next step by finding a car accident lawyer near you.

The above steps may help you choose an attorney who will help you seek damages for your injuries and losses. If you want to begin a legal claim after a car accident, Spaulding Injury Law is here for you. Call us at (770) 821-6862 for a free case evaluation.

Reasons for Hiring a Car Accident Lawyer

After suffering injuries in a car accident, it’s not advisable to handle the legal case alone. Navigating a personal injury claim requires a thorough understanding of the legal system and insurance policies. Hiring an attorney may enhance your chances of receiving fair compensation significantly.

Here is what your car accident attorney will do:

Thorough Investigation of the Accident

A thorough Investigation of a car accident case can significantly enhance the chances of securing fair compensation. This process is a cornerstone of a car accident lawyer’s strategy. It involves

Obtaining police reports
Scrutinizing surveillance footage
Speaking to witnesses
Consulting with experts if necessary

By piecing together the details of the incident, the lawyer can establish a clear picture of liability. The goal is to uncover any factors that could strengthen your position.

Negotiate a Fair Settlement

Insurance companies often use tricks to offer low settlements. According to Value Penguin, it is common for claims adjusters working for insurance companies to try to offer low amounts for car settlements after damage due to a crash.

Nevertheless, proper negotiation is a key component of a successful agreement. Your car accident attorney will leverage their expertise to advocate for your rights and push for a fair settlement.

Negotiations require a balance of assertiveness and diplomacy. The lawyer will present a compelling case supported by evidence and a thorough understanding of relevant laws. Their goal is to reach an agreement that adequately compensates you for your losses, such as:

Medical expenses
Property damage
Lost wages
Emotional distress
Lost earning capacity
Wrongful death

Represent Your Case

If the negotiation outcome is unsatisfactory, a car accident lawyer is prepared to take your case to court. They will file the necessary legal documents, represent you during court proceedings, and present a compelling argument to seek a favorable verdict. Additionally, a lawyer’s role in court ensures adhering to deadlines and addressing challenges that may arise during the trial.

Contact a Georgia Car Accident Lawyer to File Your Lawsuit

A successful car accident claim relies on a robust legal strategy. Therefore, you should choose a legal firm immediately after the accident to discuss your case. Timely action can increase the chance of a successful recovery.

Our lawyers are ready to assess your claim and devise a winning strategy. Based on this evaluation, they will advise you on the merits of your case and the potential outcomes. Contact us today for a free case evaluation.

The Right Law Firm to Get Personal Injury Maximum Compensation in Atlanta

When you need legal assistance with your vehicle collision claim, look no further than Spaulding Injury Law: Lawrenceville Personal Injury & Car Accident Lawyer. We have achieved successful results for past clients injured in car collisions, including:

Settled a case for $$350,000. Rear-End Wreck.
Settled a case for $50,000. Low-Impact Car Accident Case.
Settled a case for $425,000. Motor vehicle accident, drunk driving.

Our legal team is dedicated to getting fair results for every client we represent, and we never back down from insurance companies. When you work with our firm, you can expect the highest quality of representation, personalized and effective service, and stress-free handling of your vehicle collision injury claim.

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If you are injured by another person’s negligence in Georgia, in a traffic collision or in any other type of accident, what types of damages can you pursue with a personal injury claim in this state?

This is a brief look at the four types of personal injury damages, but if you are actually injured by someone else’s negligence here in Georgia, you’ll need the specific and personalized advice that an experienced Lawrenceville personal injury attorney can offer, and you will need that advice at once.

What Are the Four Types of Atlanta Personal Injury Damages?

What are the four types of damages that you have a right to pursue with a personal injury claim in Georgia?

Medical expenses
Lost wages
Out-of-pocket expenses that are not medical expenses or lost wages
Compensation for personal pain and suffering

Which Medical Expenses Can You Be Compensated for in Atlanta?

It’s not difficult to understand compensation for medical expenses. If you are injured by negligence and you prevail with a personal injury claim, you will be compensated for all of your past, present, and future medical costs arising from your personal injury or injuries.

You’ll want to know, as early as possible after you’ve been injured, what your medical prognosis is for the future. In some cases, your future medical expenses will have to be estimated, and your attorney may consult with medical and financial experts to arrive at that estimate.

Catastrophic injuries can result in complete or partial paralysis, temporary or permanent brain damage, disfigurement, or permanent disability. These medical conditions are tragic, and they may require a lifetime of treatments, surgeries, medical care, and medical expenses.

What Lost Income Can You Be Compensated for?

After an accident like a motorcycle wreck caused by another person’s negligence, you are also entitled by law to reimbursement for any lost income – sometimes called “lost profits.”

The exact amount of lost profits that a victim of negligence will be entitled to in Georgia will depend on whether you are a wage-earning employee, a salaried employee, or an independent contractor.

You will be entitled to whatever income you’ve lost because of the time you’ve missed from work due to your personal injury or injuries.

This means that if you take leave, sick time, or vacation time to recover your health – and you are technically being paid – you still have the right to be compensated for those days away from work because you are using those days for recuperation rather than for a vacation.

And like medical expenses, the right to reimbursement for lost income includes any past, present, or future lost income.

What Other Expenses Can You Be Compensated for?

The injured victims of negligence are also entitled to all of their out-of-pocket accident-and-injury-related expenses that are not medical expenses or lost income. Examples of what might be compensated include the cost of:

transportation to and from medical appointments, including parking
anything linked to your recovery that you have to purchase retail, such as bandages
paying someone to help around the house while you’re recovering
paying someone to care for your children while you’re recovering

It is imperative to keep every bill and every receipt that is generated as a result of your accident and injuries. If you don’t, you will be losing money that you are entitled to. Make copies of everything, and store all of the documents and receipts securely.

How Will You Be Compensated for Pain and Suffering Damages?

Finally, the victims of negligence in this state are entitled to damages for their personal pain and suffering. Pain-and-suffering damages are called “non-economic” damages because they do not reimburse you for actual monetary losses, and because you won’t have any receipts to produce.

While it can be difficult to determine a dollar amount for someone’s pain and suffering damages, Georgia’s judges and personal injury attorneys use standard and accepted formulas to determine what monetary amounts constitute fair and just awards in these cases.

How do these formulas work? In most cases, the economic damages are multiplied by a particular figure to arrive at an estimate for non-economic damages.

What Formula is Used to Determine Pain and Suffering Damages in Atlanta?

If your injuries were minor and you expect to recover quickly, multiply your economic damages by 1.5 to arrive at a rough figure for pain and suffering damages. If you were catastrophically injured and/or permanently disabled, multiply the economic damages by 5.

This can give you a rough idea of how pain and suffering damage amounts are determined in a typical personal injury case, but every case is different, and amounts will vary considerably. After reviewing the case, your attorney may be able to give you a more accurate estimate.

Like your other damages, compensation for your personal pain and suffering is compensation for your past, present, and future pain and suffering. If your doctor says that you will experience pain and suffering for life, you will need the maximum available compensation.

How Will an Atlanta Personal Injury Attorney in Ga Help You?

You’ll also need an experienced Alpharetta personal injury attorney who will advocate aggressively for the compensation you deserve and the justice you need.

Those are the four parts of most personal injury claims, but not every claim will include all four parts. If you do not work, for example, you won’t receive any compensation for lost wages. Nevertheless, a good accident attorney will fight hard for every cent that is rightfully yours.

Your attorney will launch an investigation of the accident, review the evidence, question any witnesses, and negotiate a settlement on your behalf. Most personal injury cases are settled out of court, so most victims of negligence don’t even have to make a court appearance.

Still, you’ll need a lawyer who is an experienced trial attorney as well as a seasoned negotiator. Every case is different, and there’s no guarantee that you’ll be offered an acceptable out-of-court settlement.

When Should You Speak to a Georgia Injury Law Firm?

If you’ve been injured by someone else’s negligence in Georgia, you must act at once. The sooner you put your attorney on the case, the more likely you are to win the full amount of compensation that you seek.

Georgia has established a two-year statute of limitations for taking legal action in a personal injury case. Do not wait two years and then try to take action at the last minute. Don’t even wait two weeks. If you’re injured by negligence in Georgia, speak to a personal injury lawyer at once.

How Long Does It Take to File a Car Accident Police Report?

After a car accident, you might feel overwhelmed—dealing with injuries, insurance companies, and the stress of what comes next. At Spaulding Injury Law we understand what you’re going through, and we’re here to fight for the full compensation you deserve.

If you’ve been in a car accident, understanding the importance of a police report and how it impacts your claim is crucial. In this blog, we’ll discuss why police reports matter, how they affect insurance claims, and what to do if you don’t have one.

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Spaulding Injury Law Working with Maui Fire Victims

Aug 29, 2023

The devastating fire in Maui has resulted in the loss of thousands of structures, billions of dollars of damage to property, and killed dozens of people. While fires often are unavoidable natural disasters, in this case, there is evidence that the blaze was the result of negligence on the part of utility companies on the island. If you have suffered losses as a result of the Maui fire, it’s in your best interest to contact a Maui class action attorney at Spaulding Injury Law as soon as you can.

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Hawaiian Electric Companies are Already Facing Various Lawsuits

According to NBC News, Maui County, Hawaii, filed a lawsuit in August alleging that Hawaiian Electric Co. and three related companies knew or should have known that their power lines posed a significant fire risk. Specifically, the claim states that the companies left their power lines energized despite warning from the National Weather Service (NWS) that high winds related to Hurricane Dora and dry conditions presented a danger. The County is seeking “just compensation” for the damage caused by the fires.

Additionally, the utilities are facing at least eleven other lawsuits filed by various parties as a result of the fires, including private individuals.

Fire Victims May Be Entitled to Compensation

If you have been affected by the fires, you could seek compensation for the losses you have experienced, including:

Property damage
Medical expenses
Damage to crops
Business losses
Costs of evacuation
Injuries to livestock
Damage to your land
The loss of the enjoyment of your land and home
Repair costs
Physical and emotional pain and suffering
Damages related to the loss of a loved one

How Our Maui Fire Lawyers Can Help You?

As a victim of the Maui fire, it’s highly advisable for you to retain a lawyer as soon as you can. There are many ways that an attorney can help you, including the following:

Filing a Claim on Your Behalf

A fire lawyer can navigate the complex process of filing insurance claims and seeking compensation for damages to property, belongings, and personal injuries resulting from the fire.

Maximizing Your Compensation

Insurance companies invariably try to settle cases for as little as possible. In fact, they will start by trying to deny your claim entirely, if possible. An attorney can ensure that your claim is property filed with documentation that will support the maximum compensation possible. In the event that the insurance refuses to make an adequate settlement offer, your lawyer will likely file a lawsuit and litigate your claim in court.

Allowing You to Focus on Your Personal Recovery

The Maui fire has been incredibly destructive. Many residents lost everything overnight, and the fire ranks as one of the deadliest in United States history. At the time of this writing, there are 115, with more expected

In the wake of this disaster, victims need time to recover and process what they have been through. The Maui fire will leave an indelible mark on many communities, and the last thing victims should have to do is fight to obtain the compensation they deserve.

When you work with the Maui fire lawyers of Spaulding Injury Law, we will handle every aspect of your claim and make sure your rights are protected throughout the entire process. We are committed to obtaining the maximum compensation available and will only collect legal fees if we win your case.

Call Us Today to Speak with a Maui Class Action Lawsuit Lawyer

If you have suffered losses as a result of the Maui fire, you should speak to an attorney as soon as you can. At Spaulding Injury Law, we are currently providing free consultations to fire victims and their families and will only collect legal fees if we obtain compensation on your behalf. To schedule your free case evaluation with a Maui class action lawsuit attorney, call our office today or contact us online.

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Ted Spaulding’s Insights on “The Widower” Murder Trial

Aug 18, 2023

Ted Spaulding’s Insights on “The Widower” Murder Trial: A Discussion with Court TV

In a riveting interview on Court TV, prominent trial attorney Ted Spaulding shed light on the intricacies of “The Widower” murder trial, offering his expert analysis alongside former federal prosecutor Nema Romani. With a keen eye for detail and years of experience in the courtroom, Spaulding delved into the defendant’s behavior and statements, dissecting how they could impact the outcome of the trial.

The Art of Silence in the Face of Accusation

As the discussion kicked off, the Court TV host expressed her frustration with the defendant’s incessant talking during the trial. She noted that the defendant’s words could be used against him, and she couldn’t help but emphasize the significance of stopping the verbal onslaught. Spaulding concurred, sharing that he was equally struck by the defendant’s excessive communication.

Spaulding elaborated on the potential negative repercussions of the defendant’s loquaciousness. He highlighted that the defendant’s expansive statements and unnecessary details might confuse the jury, causing them to question the credibility of his testimony. Spaulding suggested that the defendant’s verbosity could lead jurors to conclude that he was being evasive or fabricating parts of his account.

The Power of Details and Odd Comments

Nema Romani highlighted the role of details in building a compelling case. She pointed out that the defendant’s focus on insignificant particulars, such as his parking habits, could distract from more crucial aspects of the case. The team of experts discussed how the defendant’s detailed description of rolling his deceased wife over had caught their attention. They found it significant in light of his history with previous wives’ deaths.

Although the jury wouldn’t hear about the defendant’s prior marriages and his history of wives’ deaths, Spaulding and Romani dissected how his comments and peculiar choice of words could potentially affect jurors’ perceptions. The phrase “pretty gross” used by the defendant to describe the act of rolling his wife’s body became a focal point of the conversation. Spaulding and Romani analyzed how such comments could be interpreted and speculated on their potential influence on jurors’ opinions.

Inconsistencies and Dramatics: A Trial Attorney’s Perspective

The discussion continued with an exploration of the defendant’s behavior during the trial. Spaulding commended the detective’s skillful questioning, which had elicited inconsistencies in the defendant’s testimony. Spaulding underlined the importance of careful questioning in revealing discrepancies in a suspect’s account. He also emphasized how the defendant’s changing version of events could erode his credibility in the eyes of the jury.

Drawing from his own expertise in personal injury cases, Spaulding observed the defendant’s dramatic reactions while moving objects in the courtroom. He noted that the defendant’s exaggerated groans and gestures might be intended to elicit sympathy or justify his actions based on a pre-existing medical condition. However, Spaulding maintained that such behavior could also be seen as over-the-top and insincere.

The Defense Strategy: Medication and Beyond

Both Spaulding and Romani delved into the potential strategies the defense might employ. Romani speculated that the defense could use the defendant’s alleged medical condition and medication as an explanation for his behavior during the incident. This strategy could tie into the defendant’s dramatic reactions, providing a plausible rationale for his actions.

In conclusion, Spaulding expressed gratitude for being part of the interview and emphasized the unpredictable nature of trials. He acknowledged the challenges that trial lawyers face in anticipating jurors’ interpretations of evidence and behavior.

Final Thoughts

The Court TV interview with Ted Spaulding illuminated the complexities of “The Widower” murder trial. With insights from a seasoned trial attorney, viewers gained a deeper understanding of how seemingly insignificant details, odd comments, and inconsistencies can shape jurors’ perceptions and influence trial outcomes. As the trial unfolds, Spaulding’s expert analysis serves as a reminder that the courtroom is a realm of strategic storytelling and unpredictable human responses.

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Can Families Sue Oceangate? Ted Sapulding Attorney Answers

Jun 27, 2023

In the wake of the recent incident involving Oceangate, there is growing speculation about whether the affected families have grounds to sue the company. To shed light on this matter, we decided to analyze it and provide valuable insights into the potential legal ramifications facing Oceangate based on our experience in Personal Injury.

Civil Lawsuits: Wrongful Death Cases

There’s likelihood of families pursuing civil cases against Oceangate, specifically in the form of wrongful death lawsuits. Such cases fall under the category of personal injury claims. Given the circumstances of the incident, it would not be surprising if one or more families decide to pursue legal action in this regard.

It appears to be taking shape that any wrongful death lawsuits filed against Oceangate will center around both potential negligent design of the submersible as well as failures in the maintenance of the submersible after alleged fatigue and leaks became known to the crew.

There also is always the potential for other third parties to have been involved in the design or maintenance of the submersible or even the operation itself. If this in fact becomes the case, civil lawsuits could be filed against these entities as well.

Does a criminal case develop against Oceangate?

Furthermore, there is the question of whether a criminal case may develop against Oceangate. Certain narratives circulating suggest the potential for a criminal investigation. If individuals within the Oceangate operation were aware that the mission posed a greater risk than usual, and still proceeded, it could warrant a criminal inquiry. Especially if rules and regulations the company may have been subject to were knowingly ignored by the Company.

The crux of the matter, both in civil and criminal proceedings, hinges on the level of knowledge Oceangate possessed in advance. The risks associated with the design of the submersible and the extent to which the CEO and other personnel were aware of these risks will be crucial factors in determining liability.

Waivers signed by passengers may serve as a form of protection for Oceangate.

The allure of participating in extraordinary ventures like Oceangate’s expedition stems from the inherent risks involved. CBS Sunday Morning correspondent and tech journalist David Pogue, who rode on the Titan submersible, shared a portion of the waiver he signed during his participation. The waiver explicitly stated the potential for physical injury, disability, emotional trauma, or even death. If the language of the waivers signed by the recent passengers mirrors this, it may serve as a form of protection for Oceangate.

Waivers are not uncommon in personal injury cases, but the unique circumstances surrounding this incident make it a more complex legal matter. If a lawsuit is filed, the enforceability of the waivers will likely be hotly debated. Additionally, the jurisdiction in which the case is brought will play a significant role in determining the outcome. With Washington State, the Bahamas (due to the LLC’s financial holdings), Canada and other maritime jurisdictions being potentially relevant jurisdictions, the legal landscape becomes multifaceted.

When it comes to enforceability of waivers, there are often multiple angles of attack to try to invalid a waiver. It often comes down to potential for gross negligence and the particular language of the wavier itself. However, in this particular case, there is one additional factor that the attorneys at Spaulding Injury Law find quite interesting that may play a role in whether the waiver language is enforceable against civil suits by the families.

Potential for Fraud To Invalidate Waiver

There is a narrative out there that allegedly Oceangate was able to avoid regulatory control over its submersible by categorizing its operations as an exploratory mission where the paying passengers were considered crew members not passengers paying for a trip. This is very interesting to our attorneys because when you read the Wavier that is going around from Oceangate there is language throughout it that does indeed make it sound like the individuals signing the Waiver are crew members not paying passengers on a sightseeing trip.

For example, at the beginning of the Wavier, the language says the individual is signing up as a “volunteer”. Throughout the Waiver it labels the trip as an “operation”. Odd language to use and begs the question whether the passengers paying around $250,000 for the sightseeing trip understood they were potentially be categorized as crew members so the Company could allegedly avoid being regulated like so many other industries in the sightseeing business are like Blue Origin.

The reason this may be an important angle for the families is traditionally fraud invalidates contracts. This means there is the potential that if these actions by Oceangate are found to have been fraudulent against the paying passengers, the Waiver could be found to be unenforceable.

Gross Negligence in the OceanGate Case

When it comes to waivers, the concept of gross negligence comes into play. If it can be proven that Oceangate acted with gross negligence in relation to the design or operation of the submersible, the waivers may be deemed void. At present, the focus seems to be on the design aspect, though information regarding the operation on the day of the incident remains scarce.

In conclusion, it appears likely that families affected by the Oceangate incident may indeed choose to pursue legal action against the company. However, the outcome will depend on a range of factors, including the level of knowledge Oceangate possessed, the enforceability of the waivers, and the jurisdiction in which the case is tried. As this complex legal situation unfolds, the families seeking justice will have to navigate these challenges to hold Oceangate accountable for their loss.

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Can You Sue Lyft for an Accident?

May 26, 2023

As attorneys who’ve amassed years of experience representing accident victims, Spaulding Injury Law is well-equipped to help you handle a Lyft accident. We are familiar with the tactics used by large corporations like Lyft and are committed to ensuring you receive maximum compensation for your injuries.

We’re available 24/7 to address any questions or concerns you might have regarding an accident with Lyft or Uber. So, if you’ve suffered a Lyft accident, don’t hesitate to reach out to us and start on the path to recovering your damages.

Call Spaulding Injury Law at (770) 874-9746 to schedule a free consultation.

Lyft Accident Settlements

Every Lyft driver is as likely as any other motorist to be involved in an accident. Consequently, injuries incurred in such accidents can result in staggering medical bills and may adversely affect every facet of your life.

The silver lining here is that if you were an innocent passenger in a Lyft vehicle at the time of the accident, you should not have to bear the cost of an incident you didn’t cause.

Both Uber and Lyft provide insurance coverage of up to $1 million, potentially accessible to you if you file a personal injury claim against them. However, the compensation you can expect from a Lyft accident settlement varies based on the specifics of your case.

Most personal injury settlements against Lyft range between $300,000 to $1 million. The amount you receive is typically proportional to the severity of your injuries and other case-specific factors.

How Much Have Others Received in Lyft Accident Settlements?

Since Lyft and Uber are private companies, they aren’t required to disclose all their operational data. As such, exact figures regarding the number of Lyft drivers on the road, the passengers they transport, the frequency of accidents, and the damages awarded to injured passengers and other road users in the State of Georgia are not readily available. However, we do have a few insights into Uber and Lyft settlements:

Lyft and Uber have been linked to a 2-3% increase in motor vehicle accidents, according to academic researchers.
As per a 2017 blog post by Uber’s co-founder Garrett Camp, Uber was providing approximately 15 million rides per day.
In 2016, ten fatal accidents involving Uber drivers were reported.
Personal injury settlements for cases involving Uber and Lyft car accidents have ranged from $500,000 to $1.25 million.

Every accident is unique. Determining the potential settlement or the worth of your case can be challenging until you’ve discussed the details with a seasoned Uber or Lyft car accident attorney.

The Extent of Injuries in a Lyft Accident

The severity of your injuries significantly impacts the compensation you may receive from Lyft’s insurance company. Spaulding Injury Law, together with Lyft’s insurance company, will take into account your lost wages, medical expenses, and the cost of your pain and suffering during settlement negotiations.

For example, if you were a Lyft passenger and suffered minor injuries like cuts and bruises and could resume work as usual, you might not receive a high compensation amount since the accident’s impact on your life was relatively minimal. Conversely, if you sustained a spinal cord injury resulting in an inability to work and necessitating extensive medical treatment and rehabilitation, you could be eligible to recover up to $1 million in compensation.

Common damages awarded in accidents involving Lyft and Uber encompass doctor visits, hospitalization, ambulance expenses, surgery, rehabilitation, physical therapy, medical equipment, prescription medication, vehicle repair or replacement, therapy for mental health issues like anxiety, depression, or PTSD, loss of income, and future lost wages, among others.

These damages can be broadly categorized into two types: economic and non-economic damages.

Economic Damages

These are the measurable, out-of-pocket expenses directly related to the accident. They include:

Medical expenses: This involves the cost of immediate medical care, such as ambulance fees, emergency room visits, surgeries, hospitalization, and doctor visits. It also includes the cost of ongoing and future medical treatment, such as physical therapy, rehabilitation services, and the cost of any necessary medical equipment or prescription medications.
Loss of income: If the victim is unable to work due to their injuries, they may be able to recover compensation for the wages they would have earned during that period.
Future lost wages: If the victim’s ability to work in the future is compromised, either because of prolonged recovery or permanent disability, they can also claim compensation for future income loss.
Property damage: This refers to the cost of repairing or replacing personal property damaged in the accident, most commonly the victim’s vehicle.

Non-Economic Damages

These are more subjective and harder to quantify but are nonetheless significant. They include:

Pain and suffering: This is intended to compensate the victim for their physical pain, mental anguish, and decreased quality of life resulting from the accident.
Emotional distress: Serious accidents can result in significant emotional trauma, leading to conditions like anxiety, depression, or post-traumatic stress disorder (PTSD). Therapy and counseling expenses to treat these conditions can be included in a claim.
Loss of consortium: This refers to the negative impact the accident has had on the victim’s relationship with their spouse or family.

Punitive Damages

In cases where the defendant’s conduct was particularly reckless or egregious, the court might award punitive damages. These are designed to punish the wrongdoer and deter similar behavior in the future.

The Status of the Lyft/Uber Driver

Remember, Uber and Lyft drivers are not employees of the rideshare companies; they are considered independent contractors. This distinction is vital as it often influences the insurance coverage and potential liabilities in the event of an accident.

There are three main scenarios when it comes to the driver’s status at the time of the accident:

The Lyft driver was not logged into the app: If the Lyft driver was not in driver mode when the accident occurred, Lyft’s insurance coverage would typically not apply. In this case, any claim would have to be directed toward the driver’s personal auto insurance policy.
The Lyft driver was logged into the app but had not accepted a ride request: If the Lyft driver was in driver mode but hadn’t yet accepted a ride request, Lyft’s insurance coverage would be limited. It provides contingent liability coverage of up to $50,000 per person injured in an accident, up to a maximum of $100,000 per accident, and up to $25,000 for property damage per accident.
The Lyft driver had accepted a ride request or was in transit with a passenger: If the Lyft driver was transporting a passenger or was en route to pick up a passenger when the accident occurred, Lyft’s $1 million liability policy should apply.

Hire a Lyft Accident Lawyer

When involved in a Lyft accident, enlist the help of an experienced Lyft accident attorney as early as possible. Spaulding Injury Law can assist with collecting evidence, communicating with insurance companies, and negotiating a fair settlement.

If you’re injured in a Lyft accident, Spaulding Injury Law is here to help. Our experienced lawyers can guide you through the claim process, handle the negotiations with insurance companies, and ensure you get the compensation you deserve.

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