We spend considerable time in vehicles, and while we try to stay safe on the road, it only takes one careless driver to cause an accident. If you were hurt in a car collision, consult with our lawyers to hold the other driver accountable.
Damages from a car accident case can differ greatly, but they can be substantial. We can help you seek various economic and non-economic damages. In rarer instances, courts might issue punitive damages to punish the defendant for their actions. Although auto insurance will cover some of your accident damages, pursuing a lawsuit is the best way to recover everything you deserve. If you are uncertain whether to take legal action, remember that you have a limited time to decide, as you generally have only three years to file a lawsuit. Our job is to ensure that your case is filed on time and has the evidence it needs to be successful.
Contact our Columbus, GA car accident attorneys at Rice Law for a free review of your case by calling (470) 287-3070.
Starting a Car Accident Lawsuit in LaGrange, GA
Now is the ideal time to start your car accident claim if another driver injured you. The earlier you begin, the more time you will have to work with our car accident attorneys on your claim. Under O.C.G.A. § 9-3-33, personal injury claims for car accidents must be initiated within two years of the date of the injuries. Although it may seem like a lengthy period at first, do not underestimate how fast it can go by. Preparing for cases like this can often take several months, and delaying means you will have less time to prepare. If the “statute of limitations” passes before your claim is filed, you will be cut off completely from recovering compensation.
In certain situations, though, it is possible to extend the time limit by tolling the statute of limitations. Tolling can be applicable under various circumstances. For instance, under § 9-3-94, the statute of limitations can be tolled if the defendant leaves the state and cannot be found or served through long-arm statutes. This often occurs in instances such as hit-and-run accidents.
Another scenario where tolling should be allowed is fraud. If the defendant deceived you into postponing legal action until after the filing deadline, such as giving you a false name, you might be able to have the statute tolled under § 9-3-96. It is best to discuss tolling options with our team, especially if you are beginning the process a bit later than expected.
Damages Victims Can Claim in a LaGrange, GA Car Accident Case
Your damages refer to everything you have lost and experienced because of the car accident. This includes your physical injuries, financial expenses, lost income, emotional suffering, and many others. These are “compensatory” damages, which consist of special and general damages. In exceptional cases, if the defendant’s actions during the accident are particularly egregious, the court might grant punitive damages as a way to impose a financial punishment on the defendant.
Special Damages
Damages that are determined by the financial impact on you are known as special damages, which are economic in nature. Keep detailed records of your expenses following a car accident, as this will help our lawyers accurately evaluate the extent of your economic losses. One of the most significant expenses often comes from medical treatment after a crash. Whether you were rushed to the emergency room or drove yourself there after talking with the other driver and the police, you deserve reimbursement for those hefty medical bills. Most of your medical expenses will likely come from the continued treatment your doctor recommends.
Additionally, we need to factor in the condition of your vehicle. How severe is the damage? Whether your car just needs minor repairs or requires an entirely new one, the person responsible for the accident should pay for these costs. Furthermore, we should assess your ability to work. If your injuries prevent you from working or reduce your ability to make the same earnings, we can include the value of your lost income in your overall claim.
General Damages
Non-economic losses, legally known as general damages, should also be compensated financially, although they typically do not have a direct financial impact on the plaintiffs. Instead, these damages are assessed based on their effect on your life and overall well-being.
For instance, a car accident victim can seek compensation for the mental or emotional distress stemming from a crash, as even minor accidents can result in conditions like PTSD and depression. You should also be compensated for the physical pain you endured when you were injured in the crash, on your way to the hospital, and the daily pain you contend with even after completing treatment.
Additionally, you may claim damages for any decline in your quality of life. Have your injuries or long-term complications altered how you go about your daily life? Such changes warrant fair compensation, even if they do not easily translate into direct financial costs.
Punitive Damages
In some cases, plaintiffs may receive punitive damages, which aim to penalize defendants for extreme misconduct rather than compensate for losses. These damages are less common but can be significant.
Under O.C.G.A. § 51-12-5.1(b), plaintiffs must prove punitive damages by “clear and convincing evidence,” a higher standard than for compensatory damages. Additionally, the defendant must be shown to have acted with malice, willful misconduct, or similar actions, as ordinary negligence is insufficient to recover these damages.
However, punitive damages are generally capped at $250,000, as per § 51-12-5.1(g). However, this cap can be lifted if the defendant intended to cause harm or was under the influence of drugs or alcohol, meaning cases like injuries from a drunk driver may allow for greater punitive damages. Our team will review the facts of your claim to determine whether punitive arguments should be made.
Call Our LaGrange, GA Car Accident Lawyers Today for Help
Call our car accident attorneys at Rice Law for a free case review by calling (470) 287-3070.