Were you or someone you love recently injured in an accident? Was the accident caused by someone else’s careless or negligent behavior? If this sounds like your current situation, speak to an attorney right away. You might have a personal injury claim on your hands worth substantial monetary compensation. A lawyer can help you prove how the defendant in the case is responsible and get you justice.
Immediately after an accident, call for help and get medical attention as soon as possible. Depending on the situation, you should also get law enforcement involved. While waiting for help, exchange information with others at the scene. Call an attorney as soon as you can. Your lawyer can help you begin preparing your case right away, which is important since you have only 2 years to prepare and file a personal injury claim unless special conditions exist. Once your case is started, we can start gathering evidence. Much evidence may come right from the place where your accident happened, and documenting the scene is crucial.
Receive a private, free case evaluation when you call our personal injury attorneys with Rice Law at (470) 287-3070.
What You Should Do After Sustaining a Personal Injury in Cartersville
The aftermath of an injurious accident might leave you feeling overwhelmed with no clue what to do next. First and foremost, stay calm and get help. If you are badly hurt, get medical attention immediately. Call 911 and have an ambulance sent to your location. If you do not need an ambulance, have someone drive you to the hospital right away.
Also, consider calling the police. While not all accidents require intervention from law enforcement, many do. For example, most car accidents should be reported to the police so they can render emergency aid and draft a crash report about the accident. Other kinds of accidents may also benefit from police intervention, especially if you believe the other person hurt you on purpose, was intoxicated, or their actions were especially dangerous.
As you wait for help to arrive, exchange information with others at the accident scene. This includes the person or people you believe are responsible, in addition to others who might have seen something important. Our personal injury attorneys need their information so we can file a legal claim. We also need information about potential witnesses who might provide valuable testimony to support your case.
Once you have received help and contacted the police, call a lawyer. Your attorney should review the accident and help you determine whether you have a valid cause of action. If you do, your lawyer can help you plan and prepare your case so you get fair financial compensation.
When You Should File Your Personal Injury Case After an Accident in Cartersville
Exactly when to file your personal injury claim is a tough question to answer. Some people file quickly, while others take more time to prepare. Ultimately, your claim must be filed before the statute of limitation runs out. If you do not, you might be unable to file your case at all, and fair compensation might be permanently out of reach.
Statute of Limitations
In Georgia, the statute of limitations for personal injury claims is described under O.C.G.A. § 9-3-33. Plaintiffs have only 2 years to file their cases, and the limitation period begins on the same day that your accident occurs. Since most plaintiffs need some time to get medical care and recover a bit from their injuries before talking to a lawyer, there is a strong chance that the clock on your case is already ticking.
Tolling the Limitation Period
If your time is running out, you might be able to buy extra time by having the limitation period tolled. Tolling allows plaintiffs to pause the clock on their claims, but only for certain reasons. Not knowing about the statute of limitations, forgetting to file on time, or missing the deadline due to clerical errors are not valid reasons for tolling.
One common reason is for the removal of the defendant from the state, according to § 9-3-94. If the defendant is outside the state and beyond the reach of Georgia’s long-arm statutes, the time of their absence is not counted toward the limitation period. For example, if you are injured in a hit and run car accident and the other driver flees the state for a whole year, that year would not count toward the limitation period.
Tolling is also common in cases involving minor plaintiffs. If you were younger than 18 when the accident occurred, you may have the limitation period tolled until you turn 18, according to § 9-3-90(b). Put another way; a minor has until their 20th birthday to file a personal injury claim if an adult does not help them do so sooner.
Using Evidence to Support Your Cartersville Personal Injury Case
We must have evidence to support your case. Additionally, we must have enough evidence to meet the civil burden of proof, which is a preponderance of the evidence. This means we must present enough evidence to prove that it is more likely than not that the defendant is responsible for your damages.
First, we should consider how witness testimony might help your case. If other people were around and saw the accident take place, they may testify about what they saw. If they saw anything important to the case, especially anything regarding facts disputed by the defendant, their testimony may be very important. We should also begin preparing your own testimony for the courtroom. You may provide valuable insight into how the accident occurred, the extent of your injuries, and how the accident has affected your life.
Photos from the accident are common pieces of evidence, as injured victims often take photos and record videos to send to insurance companies. This is especially common in cases involving vehicle crashes. If you took any photos, review them with your lawyer. If they are important or contain details that can be used to prove your claims, they may make for valuable evidence.
Reach Out to Our Carterville Personal Injury Attorneys for Help
Receive a private, free case evaluation when you call our personal injury attorneys with Rice Law at (470) 287-3070.