Georgia Car Accident Lawyer

After a car accident, drivers usually try to recoup their losses by filing insurance claims. While this is helpful for some, it might not be enough or even available for others, depending on their situation. In such cases, drivers should speak to experienced attorneys about filing personal injury cases or exploring other legal options.

Whether you know you want to sue or are still on the fence, you should speak to a lawyer soon. Your time to take action is limited, and time might already be running short, depending on how long ago your accident happened. If the window to file a claim closes, you might be unable to recover damages for medical bills, vehicle repairs, pain, suffering, and more. Much compensation might be on the line, and a lawsuit might be exactly what you need to get back on your feet and back to your normal life.

For a totally private case assessment for no cost, call our car accident attorneys at Rice, Murtha & Psoras at (470) 287-3070.

When to Initiate Legal Action After a Georgia Car Accident

The right time to file may vary from case to case, but nearly all personal injury claims in Georgia must be filed within the limitation period set by the statute of limitations. According to O.C.G.A. § 9-3-33, you may only have 2 years to file your case, and this time limit begins on the day of the accident. In short, your time might already be ticking away. If your time is growing short, talk to our car accident lawyers about having the statute of limitations tolled.

Tolling allows plaintiffs to pause the clock on their case, but only for very specific reasons. Being unaware of the time limit is not a valid reason to have the statute tolled. You might have the statute tolled for mental conditions or disabilities that hinder your understanding of the case or your rights, under § 9-3-90(a). According to subsection (b) of the same law, you may also have the statute tolled if you were a minor when the accident happened. For disabilities, the limitation period may begin when the disability is lifted. For minors, the limitation period begins on the day they turn 18.

You can also have the statute tolled for the removal of the defendant from the state. This might come up in hit-and-run cases where the defendant fled the accident scene and left Georgia altogether. When this happens, defendants might be beyond the state’s jurisdiction, making it impossible to sue them in Georgia. According to § 9-3-94, the time the defendant is out of the state may not be counted toward the limitation period.

Possible Damages You May Recover in a Georgia Car Accident Case

Car accidents are known for causing some serious injuries, and damages tend to run high. You should keep a thorough record of your costs, injuries, losses, and any painful experiences, as they may form the basis of your damages calculations. Not only can you receive damages for your losses and costs, but you might also be awarded damages to punish the defendant for their egregious behavior.

Compensatory Damages

Compensatory damages are intended to make up for a plaintiff’s economic and non-economic losses. Ideally, an award of compensatory damages should put you back in the same financial position you were in before the accident.

Economic losses may constitute a large chunk of these damages, especially if your costs are high. Medical bills, vehicle repairs, the cost of lost personal belongings, and even lost wages from missing work may be added to your economic damages. In some cases, plaintiffs may continue incurring costs after the case is over. For example, your injuries might have long-term complications that require treatment years after the accident. We can estimate the cost of your future expenses and add them to our calculations.

Non-economic damages are more subjective, as they are related to personal experience rather than cost. For example, you might claim mental distress, physical pain, embarrassment, and an overall diminished quality of life as part of your non-economic damages.

Punitive Damages

Punitive damages may be awarded to punish the defendant and hopefully deter future bad behavior from them and others. According to O.C.G.A. § 51-12-5.1(b), plaintiffs must prove claims for punitive damages by “clear and convincing evidence,” which is a very high bar. We must show that the defendant’s behavior consisted of malice, fraud, oppression, wantonness, willful misconduct, or such a lack of care as to create a presumption of conscious indifference to others. Not only are the circumstances that allow for punitive damages less typical, but the bar to prove them is high, making them a rarity in injury cases.

According to subsection (g) of the law on punitive damages, they are limited in most injury cases to $250,000. However, under subsection (e)(1), there is no limit on punitive damages in product liability cases. Such claims involve injuries caused by defective goods or products. This might come up if it is determined that a faulty car part caused your accident, and the manufacturer may be held liable.

Evidence We Need for Your Georgia Car Accident Claim

To prove your claims, we need the strongest evidence we can get our hands on. This is not always easy, and evidence can be unpredictable. It might be widely available and easy to scoop up. In other cases, it might be scant, and building a case might be a bit of an uphill battle. Either way, your attorney can help you find what you need to prove your case.

It is common for drivers to take photos after car accidents, usually to send to insurance companies as proof of the crash. These pictures might also be used as evidence in a civil lawsuit. These pictures might be especially important if they contain important details that have been lost since the police cleared away the crash scene.

We should also track down witnesses to the accident. If you see anyone else at the crash scene, including other drivers, passengers, or pedestrians who stopped to help, exchange information with them. If you cannot do so, we might check the police report to see if the authorities spoke to anyone at the scene. If they did, their contact information might be in the police report.

Videos can also be extremely powerful evidence, especially if they show the accident from start to finish. Footage from dashcams, traffic cameras, or security cameras should be located. If we believe such video footage might be out there, we need to obtain it fast, as it might quickly be deleted.