Mableton, GA Car Accident Lawyer

If you or someone close to you was recently hurt in an auto accident, you should speak to an attorney about your legal options for fair compensation as soon as possible. Many accident victims cannot keep up with things like medical bills and vehicle repairs, and a lawsuit might be the only thing standing between them and a financial disaster. While insurance can be helpful, it might not be your only option.

Damages in car accident cases may vary and tend to be unique to each plaintiff. Some common examples include medical bills, repair costs, lost income, pain, suffering, and more. Beginning a car accident claim may be difficult for many, and it is easy to freeze in the face of what seems like an uphill battle. Remember, you have a limited time to bring a lawsuit and must file your case no later than 2 years after the accident. We need this time to prepare your claims, gather evidence, assess your damages, and develop the most effective legal strategies possible.

Receive a private review of your case for no charge by calling our car accident attorneys at Rice, Murtha & Psoras at (470) 287-3070.

Recoverable Damages in Mableton, GA Car Accident Cases

Your damages represent everything you have lost and endured due to the accident. While some damages represent more concrete losses (i.e., money), others are more subjective and represent experiences rather than costs.

Compensatory Damages

Your compensatory damages are comprised of your economic losses and non-economic injuries. In many cases, these constitute the bulk of the plaintiff’s damages and should be thoroughly reviewed by an attorney.

Your economic damages should consist of the numerous costs of the accident. This can involve extensive medical bills, costly vehicle repairs, and even lost income if you cannot work for a while after the crash. You might rack up all sorts of other bills, too. For example, if you travel a long distance to a specialist doctor for treatment, you might claim travel costs, such as gas, airfare, and lodgings.

Your non-economic damages are more subjective and might not be connected with actual costs or money. As such, they can be difficult to evaluate, and juries usually have the final say on what they are worth. You can claim pain, suffering, emotional distress, and the loss of enjoyment of your life, among other things.

Punitive Damages

In rare cases, the court may award a plaintiff punitive damages. These kinds of damages do not compensate for anything you lost but instead serve to punish the defendant and deter future wrongful actions. According to O.C.G.A. § 51-12-5.4(b), punitive damages may be awarded only if our car accident attorneys prove by clear and convincing evidence that the defendant acted with fraud, malice, willful misconduct, oppression, or wantonness when they caused the accident. This is a tough burden to meet, and punitive damages are much less common.

According to subsection (f) of this law, punitive damages are not capped in certain cases, including those where the defendant acted under the influence of drugs or alcohol. This might mean that if the defendant in your case was drunk when they caused the accident, you might be able to recover extensive punitive damages.

When to Begin a Car Accident Case in Mableton, GA

While you should take the time to think about your case and whether legal action is right for you, you should decide as soon as possible. Your time to file is not unlimited and might already be slipping away. The statute of limitations in Georgia for personal injury claims, including claims for car accidents, is only 2 years, according to O.C.G.A. § 9-3-33. This limitation period begins on the same day as your accident, which means your time limit might already be counting down.

While the statute of limitations imposes a strict time limit, the law is not entirely inflexible. Tolling possibilities are available for those who meet very specific conditions. Tolling allows us to put the limitation period on hold, essentially giving you more time to file your case.

People who were minors when the accident happened, and people with legal disabilities may have the statute of limitations tolled, according to O.C.G.A. § 9-3-90. Typically, the clock for a minor plaintiff does not begin counting down until they turn 18. For people with a legal disability, which might be a mental condition that inhibits their ability to comprehend their legal rights, the limitation period may begin when their disability is removed or lifted.

How to Obtain Evidence to Support Your Claims in a Car Accident Case in Mableton, GA

Evidence to support your claims can be tricky to find. In some cases, it is readily available. In other cases, it is hard to find or might be inadmissible in court. Generally, it is a good idea to talk to your lawyer about evidence soon, as it has a bad habit of disappearing if you wait too long.

If possible, you should take photos and record videos at the accident scene while you wait for help to arrive. Often, people do this to send pictures and videos to their insurance companies. While this is useful, we might also find uses for your photos and videos in the courtroom. Plaintiffs are often surprised to learn that valuable details about their accident are preserved in their photos and can help them prove their claims in court.

Video footage of a car accident can be extremely powerful evidence in court. Unfortunately, most drivers do not actively record their car accidents unless they have a dashcam. Our lawyers can help you check the area around the accident for nearby security cameras or traffic cameras. If we can find videos of the accident, we might be able to show the jury exactly what the defendant did to cause the accident.

Reach Out to Our Mableton, GA Car Accident Lawyers for Help Now

Receive a private review of your case for no charge by calling our car accident attorneys at Rice, Murtha & Psoras at (470) 287-3070.