Are You Entitled to Damages for Diminished Value in Your Carrollton Car Accident Lawsuit?

A lawyer will demand damages for a car’s diminished value.

At some point, many of us will be involved in a motor vehicle accident. Thankfully, most of them are minor fender-benders. However, there are times when our Carrollton car accident lawyers handle much more complicated cases, some involving damages for diminished value.

Our goal is always to get our clients the compensation they deserve. Sometimes, this means we demand that our clients be paid damages for the diminished value of their car or SUV.

Once Your Auto Accident Attorney in Carrollton Proves Fault, They’ll Demand Damages

It goes without saying that, to get you damages, your auto accident attorney in Carrollton must prove fault. Once they do that, they can spend the bulk of their time proving the damages you demanded in your initial complaint.

It’s no secret that the only reason you hire an experienced Carrollton accident lawyer is because you believe you’re entitled to damages. If the other driver caused the crash, you should expect to be fairly compensated.

What Kind of Damages Will You Be Entitled to in Carrollton, Georgia?

When your auto accident attorney in Carrollton files your initial complaint, they must list your damages. Your lawyer will have to submit specific proof for the damages you demand. That’s the only way to justify that you’re entitled to these damages.

Below is a brief discussion of the various types of damages your Carrollton accident lawyer will demand in your case. Of course, you may not be entitled to all of these. It all depends on the facts of your case.

Medical Bills and Future Medical Bills

Most accident victims are entitled to damages for medical bills. This includes any bills related to the accident. For example, the defendant will be responsible for your hospital bills, ambulance bills, and prescription medications.

In addition to existing medical bills, your auto accident attorney in Carrollton will demand compensation for future medical care. If you’re going to need long-term medical care, you shouldn’t have to pay for it out-of-pocket.

Lost Wages and Lost Future Income

Depending on how serious your injuries are, you may miss some time from work. Normally, our Carrollton accident lawyers won’t demand these damages unless you miss a week or more.

You can also demand compensation for any lost future income you may experience. If you can no longer do the same kind of work you did prior to the crash, you should be compensated.

For example, imagine that you worked as a construction worker prior to the accident. You earned, on average, $90,000 per year. As a result of your car accident, you can no longer work in construction.

Your auto accident attorney in Carrollton will determine what your income will be going forward. If you’re on disability, you will be lucky to receive $40,000 per year. This is a difference of $50,000 per year.

Pain and Suffering

Many of our clients receive damages for pain and suffering. These damages are meant to compensate you for any mental and physical anguish you suffer because of the crash.

There are other types of damages that may fall into this category. These include:

  • Emotional distress
  • Anxiety and depression
  • Loss of consortium
  • Loss of companionship with your family and spouse
  • PTSD

Your Carrollton accident lawyer will fight to get you as much money as possible.

the value of your car will drop sharply after a car accident

Compensation for Any Damage Caused to Your Car or SUV

Generally, you can demand damages to cover the cost of fixing your vehicle. If the damage was minor, you may be talking about a few thousand dollars. However, if the damage is severe, it could be a lot more.

Your Carrollton Accident Lawyer Can Also Demand Damages for the Diminished Value of Your Vehicle

In Georgia, accident victims are eligible for something called the diminished value of their vehicle. The concept of diminished value was first introduced in Georgia in 1926.

In 2001, the Georgia Courts reaffirmed the practice in State Farm Mutual Insurance Company v Mabry. The diminished value represents the difference in the value of your car after the crash as compared to its value minutes before the collision took place.

It may be best to explain this by way of an example.

Imagine that you bought an $80,000 Mercedes Benz days before the accident. The defendant T-bones you, causing $50,000 worth of damage. There is no question about who caused the crash.

After the accident, you take your new car to three different mechanics. One of these mechanics specializes in high-end imports. They do the best they can, but, when all is said and done, your car is only worth about $35,000.

Your auto accident attorney in Carrollton would demand compensation for the difference. Since the car was valued at $80,000 and is now only valued at $35,000, you may be entitled to as much as $45,000.

There Are Three Kinds of Diminished Value

There are three different approaches to determining the diminished value of your vehicle. Depending on the state of your vehicle after the crash, you may be entitled to significant damages.

Immediate Diminished Value

The easiest type of diminished value to figure out is immediate diminished value. To determine this amount, all you have to do is subtract the post-accident value of your car and subtract it from the car’s pre-accident value.

The example above with the Mercedes Benz would be considered an immediate diminished value calculation.

Inherent Diminished Value

The second approach toward diminished value is called inherent diminished value. This is when your mechanic repaired the vehicle as best they could, but it is worthless as a result of the crash.

Many of the inherent diminished value cases our Carrollton accident lawyers handle involve cars that have been totaled. After the crash, the insurance company will determine if the car is salvageable.

If it is, you would get your car fixed and use your insurance check to pay for the repairs.

Repair-Related Diminished Value

The third type of diminished value would be the repair-related calculation. This approach is rarely used. In cases using the repair-related approach, you can demand compensation for poor-quality repairs.

Let Your Carrollton Accident Lawyer Worry About Settling Your Case

In the days and weeks after your motor vehicle accident, you’ll be busy with doctor’s appointments. The last thing you’ll want to do is fight with the insurance company. That’s why most people decide to retain an experienced Carrollton accident lawyer.

Our Carrollton accident attorneys have decades of combined experience handling lawsuits against negligent drivers. They know how to deal with the insurance adjusters. They also know how to get you the maximum amount of compensation.

We recommend that you call the office as soon as possible after your crash. Ask one of our front desk agents to schedule your free, initial consultation. Or, if you prefer, you can do this through our website.

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