Newnan, GA Personal Injury Lawyers

Victims have a right to recovery after sustaining personal injuries and can seek compensatory damages from at-fault parties.

After an accident due to negligence, the first thing to do is to determine the deadline to file your future case. That will most likely be two years from the date of injury unless an exception applies. Exceptions to the statute of limitations include tolling for infancy, disability, defendant’s absence from the state, or fraud. Victims who do not discover their injuries until a later date might get tolling as well, though proving delayed discovery can be challenging. After confirming your deadline to sue, we can identify and interview eyewitnesses to preserve their statements as evidence for your case. We can also keep track of your financial and intangible damages from the accident, so we request appropriate compensation in your claim.

Call Rice, Murtha & Psoras for a free case analysis from our Atlanta personal injury lawyers at (470) 287-3070.

Determining the Filing Deadline for a Newnan, GA Personal Injury Case

Generally speaking, O.C.G.A. § 9-3-33 gives victims two years from the day an accident happens to sue. There are a few exceptions, but victims should not rely on them without confirming their claims qualify, as missing the deadline would block victims from getting any compensatory damages.

Tolling for Victim Infancy or Disability

According to § 9-3-90(b), the statute of limitations does not accrue for minor victims until they turn 18. So, minor victims have two years from their 18th birthday to sue instead of two years from the date of an accident. A similar tolling exception applies to victims who are legally incompetent because of disability or mental illness. These victims have two years from when their disability is removed to seek compensatory damages. Furthermore, if a victim suffers a disability after a cause of action accrues, the statute of limitations would pause for the period of disability and resume when the disability is removed, according to § 9-3-91.

Tolling for Defendant’s Absence from the State or Fraud

If a negligent party leaves the state after injuring you, the amount of time they are out of the state will not count towards the statute of limitations. The clock would pause when the defendant leaves the state and resume when they return, according to § 9-3-94. Other actions by the liable party could toll the statute of limitations, like fraud. Hiding one’s liability for an incident or wrongly informing a victim that they cannot seek compensation because they signed a liability waiver, for example, could lead to the tolling of the statute of limitations for fraud, which could effectively extend the time a victim has to file their lawsuit.

Tolling for Delayed Discovery

Victims might not immediately recognize the consequences of another party’s negligence, leading to delayed discovery of their injuries. In such situations, the date of accrual would be the date of discovery instead of the date of injury. Tolling for delayed discovery is limited in medical malpractice claims. Generally, victims may not file medical malpractice lawsuits more than five years from the date of injury, according to § 9-3-71(b). There are additional exceptions for medical malpractice claims involving a foreign object left behind in a patient’s body, which might happen during surgery. In such cases, Georgia gives victims one year from the date of discovery to sue, whenever that time comes, according to § 9-3-72.

Identifying and Interviewing Eyewitnesses for Personal Injury Cases in Newnan, GA

To identify eyewitnesses, our lawyers may start by reviewing police incident reports and other documentation from the accident. When witnesses intervene to help victims, victims can ask for their contact information so that we can quickly schedule interviews before their memories fade.

We can also use other investigation tactics to identify eyewitnesses, like reviewing security camera footage. Surveillance footage might be available in premises liability claims, like slip and falls in restaurants or other highly populated areas. The footage might reveal eyewitnesses’ identities or show the accident taking place and the defendant’s negligence.

When talking to eyewitnesses, we will ask them detailed questions about what they saw. This will vary from case to case, depending on factors like the accident’s location and visibility in the area. For example, visibility might be low in a dimly lit restaurant, which could contribute to a slip and fall accident. Speaking with eyewitnesses could help our personal injury lawyers pinpoint certain details, particularly those victims who could have difficulty remembering because of the trauma associated with the incident.

Calculating Damages from Personal Injuries in Newnan, GA

Damages from personal injuries can be hugely stressful for victims, who should not have to shoulder the financial burden of someone else’s negligence. To get compensation for your losses, you must closely monitor them after the accident, which our lawyers can do as we prepare your case.

Most victims’ damages come from financial losses, like medical bills. All reasonable and necessary medical expenses are compensable in injury claims, as you would not have incurred them if not for the defendant’s negligence. To prove that link between the defendant’s negligence and your damages, we will need various pieces of evidence, like eyewitness statements and your medical records. These records will correspond with charges from hospitals and providers, which our lawyers will present as evidence in your claim.

If necessary, we can get medical experts to testify that you cannot return to work, which can support our requests for lost wages. Back, neck, and head injuries often lower victims’ earning capacities, sometimes permanently, resulting in long-term lost wages for which defendants are liable. We can also assess your non-economic damages from the accident and request compensation for your pain and suffering due to the defendant’s negligence.

Call Our Newnan, GA Lawyers for Help Today

Call our personal injury lawyers at Rice, Murtha & Psoras at (470) 287-3070 for a free case assessment.