Woodstock, GA Car Accident Lawyer

Many people in Georgia live in small or rural towns where there is little in the way of public transportation. As such, people rely on their own vehicles to get around. Unfortunately, with so many people on the road almost daily, accidents are a regular occurrence. If you were in an accident and injured, an attorney can help you get fair compensation.

The first step is figuring out who caused the accident. It might be the other driver, or it might be several other drivers in a multi-vehicle accident. Maybe an auto parts manufacturer produced faulty car parts that caused the crash. Talk to your attorney to determine who should be included in your case. Next, we must evaluate your damages so we can make the most of potential compensation. Economic and non-economic damages tend to be present in most cases, while punitive damages are much less common but still possible.

For a free initial case evaluation, call (470) 287-3070 and talk to our car accident attorneys at Rice, Murtha & Psoras.

Who is Responsible for a Car Accident in Woodstock, GA?

Part of what makes car accident cases so challenging is that the defendant’s identity is not always clear. Many accidents involve only two drivers, so you might think that the identity of the defendant is obvious. However, drivers do not always stick around to be identified. If you were the victim of a hit-and-run, you might know that someone hit you but not know who, which makes filing a lawsuit very difficult. Our lawyers can work with the police to track down the other driver so you can sue them for damages.

If your accident was a multi-vehicle collision, multiple other drivers might be implicated in the crash. These kinds of cases can be tricky to navigate. You might not know which drivers are negligent defendants and which ones are other victims. At the same time, the other drivers might all be pointing fingers at each other and you, and our car accident attorneys can protect you.

You might have heard cases in the news regarding vehicle recalls. This happens when vehicles are manufactured with defective parts, making them unsafe to drive. Manufacturers of faulty car parts may be held liable in civil court if accidents happen because of their faulty products.

Recoverable Damages in a Woodstock, GA Car Accident Case

Damages may vary from case to case, but they may lead to significant compensation for some. Your damages reflect what you have lost and endured, including the costs of the accident in addition to painful experiences. To understand the full extent of your damages and what your claims are worth, speak to an experienced attorney right away.

Economic Damages

Some damages are measured in dollars and cents. Remember, car accidents are not just painful but very expensive. The cost of replacing your damaged car, paying for medical bills, and even losing income from missing work can be added to your overall damages. Generally, the more severe a car accident is, the higher the economic damages. You might claim especially high damages if you encounter medical complications that require more extensive and expensive care.

Non-Economic Damages

Some damages do not cost money, but they still take an enormous toll on the plaintiff’s life and well-being. Non-economic damages usually revolve around the mental and emotional impact of the accident. For example, you might claim emotional and psychological injuries, physical pain, scarring or disfigurement, and other painful personal experiences. Since these damages are inherently subjective, their value is determined by the trier of fact, either the judge or jury.

Punitive Damages

In less typical cases, punitive damages may be awarded to punish defendants for egregious behavior. These damages are rare because they may only be awarded if defendants acted in a way that exceeds ordinary negligence.

According to O.C.G.A. § 51-12-5.1(b), plaintiffs must prove their claims for punitive damages by clear and convincing evidence, which is a tough burden to meet. They must establish that the defendant caused the car accident through fraud, willful misconduct, malice, oppression, wantonness, or such a serious lack of care that creates a presumption of conscious indifference. Again, the defendant’s behavior should be so negligent as to shock the conscience.

According to subsection (d) of this law, punitive damages awards are determined in two stages. First, the trier of fact, usually a jury, must decide whether punitive damages should be awarded based on the evidence presented at trial. This decision is rendered at the same time as the verdict.

If the jury decides that punitive damages are warranted, the trial immediately recommences. At this point, the jury may hear evidence relevant to punitive damages and how much they should be worth. Under subsection (g), most punitive damages awards may be capped at $250,000. However, certain conditions might allow the court to extend or remove the limit.

When to Start a Car Accident Case in Woodstock, GA

There is no better time to begin a car accident case than right now. The sooner you get started, the more time you might have to prepare your claims with your attorney. According to O.C.G.A. § 9-3-33, injury claims, including those for car accidents, must be filed no later than 2 years after the initial injuries. This might sound like a long time initially, but do not be fooled. Cases like this sometimes take months to prepare, and the longer you wait, the less time you have to prepare.

Under certain circumstances, you can buy more time by having the statute of limitations tolled. Tolling may be available under a variety of conditions. For example, under § 9-3-94, you may have the statute of limitations tolled if the defendant leaves the state and cannot be located or reached by long-arm statutes. This might come up in something like a hit-and-run accident.

Another possibility is tolling for fraud. If the defendant somehow misled you into delaying legal action until it was too late to file your case, you may have the statute tolled under § 9-3-96. Talking about tolling options with your lawyer is a good idea, especially if you are getting started a bit late.

Speak to Our Woodstock, GA Car Accident Lawyers About Your Case Now

For a free initial case evaluation, call (470) 287-3070 and talk to our car accident attorneys at Rice, Murtha & Psoras.