Johns Creek, GA Car Accident Lawyer

While you do not expect it, you could be injured by a negligent driver in Johns Creek at any time on the road. When you are, you should reach out to our lawyers to file a lawsuit against them.

Our firm has been handling car accident claims for years and knows what it takes to get compensation for our clients. Our attorneys can help you get evidence that shows the driver owed you a duty of care and violated that duty when they injured you. We will make sure your injuries are documented and illustrate their seriousness to the court. We can also accurately assess your damages so you do not lose out on the compensation you deserve. Get your lawsuit started today so it is filed before the deadline in your case passes.

Call Rice, Murtha & Psoras at (470) 287-3070 for a free assessment of your case with our car accident lawyers.

What You Need to Prove in a Car Accident Lawsuit in Johns Creek, GA

Most car accident lawsuits are filed because a driver was negligent. However, proving negligence in a lawsuit takes more than telling the court what happened in the accident. While that is a part of it, winning a lawsuit means establishing the distinct elements explained below. Our car accident attorneys can review your case to see if these components are met. We also know what evidence you need to prove the following elements:

Driver Duty

The first element to prove is duty. Depending on the circumstances, some people owe a duty of care to others. This element is usually not too difficult to establish because part of the privilege of driving is having a duty of care to others on the road. This means that drivers are expected to follow the traffic laws and act reasonably depending on the situation. Thus, the driver that hit you owed you this duty even though they likely did not know you.


The next element to establish is the breach of the defendant’s duty. “Breach” is simply a legal term for how the defendant caused the accident. For instance, running a red light or texting while driving are common ways drivers breach their duty of care. Drivers can also breach their duty of care by failing to act when they should, like using a turn signal at a stop sign.


The third element of a negligence claim is causation. At this stage, you must show the court that your injuries and other losses were the result of the defendant’s negligence. This is where defense attorneys often try to undermine the plaintiff’s claim. They might argue that you were responsible for your injuries because you caused the accident. Even if it seems the defendant’s liability is likely, they might still say you partially caused your injuries through your own negligence.

This issue can also be challenging if multiple drivers are involved in the claim. Each defendant will be pointing the finger at the other. However, the court can apportion fault between multiple drivers.

Our team will help show that you would not have been injured but for the defendant’s negligence. Your medical records will help establish this and can show why your current injuries are distinct from other prior injuries you might have.


The last factor to prove is damages. Damages will be the actual losses you sustained. Damages are what separate a lawsuit from an unpleasant experience. You could prove all the elements above, but if the incident did not result in real damages, you could not file a lawsuit.

In most cases, damages will come in the form of medical bills, property damage, and lost wages. However, you can also get compensation for non-financial losses like pain and suffering. It is common to suffer some emotional trauma after being in a car accident or living with physical pain from your injuries. These damages are considered just as real as monetary ones in the eyes of the court.

How Our Attorneys Can Help You Recover Compensation After a Car Accident in Johns Creek, GA

You will usually have a few options to recover compensation that our team can help with. Most victims will consider their insurance after being injured in an accident. In Johns Creek, at-fault insurance rules are used for car accident claims. This approach is more adversarial because you need to file your claim with the other driver’s insurance. Of course, though, insurance companies do not like to pay out claims, especially ones caused by negligence. That is why you will want to usually file a lawsuit along with your insurance claim.

Many people think a lawsuit leads directly to a trial, but this is rarely the case. Most negligence claims are settled out of court after negotiating with the insurance company. Having our lawyers on your side is the best way to negotiate a settlement that actually accounts for the damages mentioned above. It also shows the insurance company you are serious about getting compensation.

The problem with only settling for insurance is that it might not cover all your damages. Insurance will typically cover medical expenses and lost wages but not pain and suffering. Our team can negotiate with the insurance company to include your non-economic damages in your settlement. We can help convince them that paying you those damages now will be better than taking the case to trial.

If the insurance company does deny your claim or refuses to pay the compensation you deserve, our attorneys will be ready. At the point of negotiation, our team will have gathered the evidence we need to fight your case. This includes answers to questions we asked the defendant under oath during discovery. If the defendant lies or misremembers the facts in court, we can use those answers to attack their credibility. The other evidence we obtained, like medical and employment records, will also be included.

Time Limit to File a Lawsuit for a Car Accident in Johns Creek, GA

While car accidents can be traumatic, you do not want to wait too long before filing your lawsuit. Under O.G.C.A. § 9-3-33, you have up to two years from the accident date to file your lawsuit. Getting your case started sooner rather than later will not only preserve the evidence you need but also your right to pursue compensation.

If you file your lawsuit two years after the accident, the judge will dismiss your case. It will not matter if it is only one day after the two-year anniversary. However, once your lawsuit is filed, no limit is placed on the case’s resolution.

Our Johns Creek, GA Car Accident Lawyers Can Help You Today

For a free case review with our car accident attorneys, call Rice, Murtha & Psoras at (470) 287-3070.