Duluth Car Accident Lawyer

We spend a lot of time inside cars, and while we might do our best to remain safe on the road, it only takes one negligent driver to cause a crash. If you were injured in a car accident, you might need emergency medical attention, and you should speak to a lawyer about whether the other driver should be held responsible.

Damages in a car accident case tend to vary, but they can be significant when serious injuries are involved. You might claim various economic and non-economic losses that deserve fair compensation. In less common cases, courts may award punitive damages to penalize the defendant for their behavior. While auto insurance might cover your accident, it does not always pan out how we want it to, and a lawsuit might be the next logical step. If you are unsure about taking legal action, you only have so much time to decide, as plaintiffs typically have only 3 years to file a case in court.

Speak to our car accident lawyers at Rice, Murtha & Psoras to get a free review of your case by calling (470) 287-3070.

Possible Damages in a Duluth Car Accident Case

If car accidents are known for one thing, it is injuries to drivers and passengers. Injuries after car accidents are somewhat unpredictable. Some drivers emerge from a crash almost unscathed, while others are badly hurt. Your injuries, other losses, and experiences are the basis of your damages and potential compensation. Our car accident lawyers can identify and evaluate your damages so that your compensation is maximized and you get everything you deserve.

Compensatory Damages

Your compensatory damages represent the things you lost because of the accident. These damages are present in most, if not nearly all, injury cases. Compensatory damages are awarded to return injured plaintiffs to the position they were in before becoming injured, at least financially.

One element of your compensatory damages is your economic damages. These damages are rooted in how much money you spent because of the car accident. For example, medical bills for your injuries, vehicle repair costs, and even lost income if you cannot return to work for a while must all be assessed, calculated, and claimed. These damages may vary from case to case, and you should speak to your lawyer about your damages as soon as possible.

The other element of your compensatory damages is your non-economic injuries. These losses and injuries do not cost plaintiffs money but still take a significant emotional or psychological toll. As such, they might warrant significant compensation. You might claim physical pain from your injuries, emotional or psychological trauma from the crash, and the loss of enjoyment of your life, just to name a few examples.

Punitive Damages

In rare cases, plaintiffs might be awarded punitive damages. These damages do not compensate for any specific losses but are intended to penalize the defendant for extremely bad behavior. Again, these damages are far less common but often substantial when available.

According to O.C.G.A. § 51-12-5.1(b), punitive damages can only be awarded if plaintiffs can prove them by “clear and convincing evidence.” This is a high burden of proof, even higher than the burden of proof required for compensatory damages. On top of that, we must prove that the defendant caused the accident through malice, willful misconduct, wantonness, fraud, or oppression. Mere ordinary negligence is not enough to warrant punitive damages.

According to subsection (g) of the above law, punitive damages may be limited to a maximum of $250,000. However, certain circumstances may allow the court to remove the statutory cap on punitive damages. For example, according to subsection (f), if the defendant is found to have acted with specific intent to cause harm or under the influence of drugs or alcohol, there is no limitation on punitive damages. For example, if you were struck and badly injured by a drunk driver, punitive damages might not be capped.

How Insurance Plays a Role in Your Duluth Car Accident Case

All drivers in Georgia are required to have auto insurance. As such, most drivers involved in accidents file insurance claims to cover the damages. Georgia insurance laws require drivers to file third-party claims with the other driver’s insurance. This is why people often exchange information after an accident, so they can contact each other’s insurance companies. When filing your claim, you need evidence showing how the other driver is at fault.

While insurance can be a big help to some, it is nothing but a headache for others. If the insurance company believes you lack enough evidence to prove fault, they can deny your claim. Even if your claim is approved, the insurance company may only pay you up to the limit of the other driver’s insurance policy. For many, this means they do not receive enough compensation to cover their damages.

If insurance is unavailable or insufficient, an attorney can help you sue for damages. While lawsuits tend to be more time-consuming and often require much greater effort and evidence than insurance claims, plaintiffs are often able to claim far more damages than they can through insurance.

How Long After a Car Accident in Duluth Should You File a Case for Damages?

According to O.C.G.A § 9-3-33, drivers have only 2 years to file a case for damages in court after a car accident. This limitation period starts on the same day your accident occurred, and time might be of the essence. If you do not file your case within 2 years of the crash, you could lose the right to file the cause of action, and you might never receive fair compensation for your injuries.

While having a couple of years to prepare your case might seem like more than enough time, it can be a surprisingly short timeline. Many wait weeks or months before even speaking to a lawyer about filing a case. Some need time to recover. Others need time to decide if legal action is what they really want. Either way, you risk losing valuable time if you wait too long. Not only that, but the longer you wait, the more evidence might disappear. It is best to speak to a lawyer as soon as possible after an accident.

Contact Our Duluth Car Accident Lawyers for Assistance with Your Claims

Speak to our car accident attorneys at Rice, Murtha & Psoras for a free review of your claims by calling (470) 287-3070.