Kennesaw Car Accident Lawyer

One bad car accident can impact your life for years to come, possibly forever. Considering how often many of us are on the road, it is no wonder that most people have either been in a car accident or know someone who has. Whether your injuries are relatively minor or life-altering, an attorney can help you get compensation for your damages so that you can get your life back.

Car accident cases involve personal injury claims that must be filed no later than 2 years after the accident, barring special circumstances. If you believe time might be running out, tell your attorney immediately. Your lawyer can not only help you get your case filed on time, but they can assist in collecting evidence, assessing damages, and dealing with complicated paperwork and legal procedures. When proving fault for the accident, your attorney should help you use the evidence you have to satisfy your burden of proof. Additionally, they may help you refute claims from the defendant that you might have somehow contributed to the crash.

Our car accident attorneys at Rice, Murtha & Psoras are available for a free case assessment if you call our offices at (470) 287-3070.

How Long After a Car Accident Can You File a Case for Damages in Kennesaw?

Car accidents can be hectic, traumatic events, and most people are concerned with getting emergency help rather than filing legal claims. While you should get medical attention as quickly as possible, it will not be long until the need to explore your legal options becomes more important. It is best to speak to our car accident attorneys sooner rather than later, as you have a limited time to file your case.

The Statute of Limitations

In Georgia, the statute of limitations for personal injury claims, including injury claims related to car accidents, is found under O.C.G.A. § 9-3-33. The law states that injured plaintiffs have only 2 years from the day they are initially injured to file a civil lawsuit. Since the limitation period begins on the same day as the accident, time is of the essence. Many injured drivers spend a few weeks or even months recovering before they talk to an attorney, and precious time to prepare your case might already be slipping away.

Tolling the Limitation Period

Under very specific circumstances, plaintiffs may pause the clock counting down their limitation period, effectively buying them more time to prepare their case. This process, referred to as tolling, may only be available under limited circumstances, and plaintiffs cannot have the statute of limitations tolled because they lost track of time or did not know there was a time limit.

One condition that allows you to have the statute tolled is found under § § 9-3-90(a)-(b) and applies to minors and people with legal disabilities. If you were under the age of 18 when you were injured in a car accident, the statute of limitations would not begin until you turn 18, giving you until age 20 to file a case. If you have a disability that prevents you from filing your claims on your own or prevents you from understanding your rights, the statute would not begin until the disability is removed.

But what happens if you experience a legal disability after the car accident but before the limitation period is over? Under § 9-3-91, disabilities that arise after the accrual of the cause of action may allow you to stop the clock as long as the disability is not taken on willingly or voluntarily. Put another way, one cannot willingly become legally disabled for the purpose of tolling the limitation period.

Proving Fault in a Kennesaw Auto Accident Case

We need to meet our burden of proof to prove that the other driver in a car accident is at fault and have them held liable. You might have heard this term in reference to criminal trials in the news where the burden of proof is “proof beyond a reasonable doubt.” In civil injury cases, the burden is “proof by a preponderance of the evidence.” In short, this is a somewhat lesser burden compared to criminal law, but it is still difficult to meet in many cases. A preponderance of the evidence usually means proving that the defendant is more likely than not liable for the accident.

Defendants sometimes try to shift blame for the accident onto the plaintiff to minimize their liability and make it harder for plaintiffs to meet the burden of proof. In such a case, we would follow the modified comparative negligence rule under O.C.G.A. § 51-12-33(a).

According to this rule, if a plaintiff is determined by the trier of fact (i.e., the jury or judge) to have contributed to causing their own accident and injuries, their damages may be reduced proportionally to their share of the blame. Courts typically assess a percentage of fault. If the plaintiff is found to be 15% responsible for the car accident, their overall damages award is reduced by 15%.

According to subsection (b) of the statute regarding Georgia’s modified comparative fault rule, if the trier of fact finds the plaintiff to be more at fault for the accident than the defendant, meaning they are more than 50% responsible for the accident, the plaintiff may be barred from recovering any damages. The more evidence we have, the harder it might be for the defendant to make this argument.

Reasons to Get Help From an Experienced Car Accident Attorney in Kennesaw

Handling your case alone is not just difficult, but it might be almost impossible for those with severe injuries. An experienced attorney can build your case for you while you focus on getting better and recovering. One way they can do this is by finding evidence for you. A lawyer should have a good idea of where to look and who to contact about evidence. Your lawyer can also move quickly for you, as evidence can disappear quickly.

When it comes to legal actions, paperwork is inevitable. While paperwork can seem boring, it often holds legal cases and claims together. If paperwork is not in order, your case might be delayed or even thrown out in extreme cases. Your lawyer should know how to properly document your case and make sure paperwork is completed and submitted to the court.