Martinez, GA Car Accident Lawyer

While we hope it never happens, car accidents are common enough that you might eventually be injured in one. If a negligent driver does injure you, you might not know the first step to take to cover your losses.

The first step after getting treatment for your injuries is to assert your legal rights by contacting our lawyers. Our team will get your case investigation underway immediately. This will allow us time to locate witnesses, gather records, and recover evidence from the defendant. We can also develop strategies during the time before the statute of limitations closes so that your case is fully prepared when the lawsuit is filed. If more time is needed, we can determine if your situation fits an exception to the limitations period. Importantly, you will have a legal team with the experience to accurately assess the range of damages you suffered, taking some of the stress off you and allowing you to focus on regaining your health.

Contact Rice, Murtha & Psoras at (470) 287-3070 to get your free case assessment with our car accident lawyers.

When to Start a Lawsuit for Car Accident Injuries in Martinez, GA

After someone injures you in a car accident, it is crucial to get your case started right away. Besides allowing for better evidence and more time to develop strategies, filing quickly will ensure that the statute of limitations does not prevent your lawsuit from being heard. O.C.G.A. § 9-3-33 only gives you two years from the crash date to make your claim. If more time is needed to file, a few exceptions can “toll” the limitations period so you do not miss your chance to recover compensation. If no exception applies and the claim was filed after the statute of limitations closes, the court will not entertain the case.

Under § 9-3-94, our car accident attorney can argue that the limitations period should be extended because the defendant removed themselves from the state. This situation is more common when commercial truckers cause an accident. Considering how close Martinez is to the Georgia state line, the defendant might not live or be based here when they hit you and refuse to return for the case, or they might have fled specifically to avoid being served your lawsuit. If so, the time they are absent from the state will not be counted until they return to reside in Georgia. Our team can help identify the defendant’s whereabouts and monitor for the return so that your lawsuit is ready.

Children injured in a car accident also have more time to file. Many times, parents file on behalf of their injured children, but if not, the statute of limitations will not start to run for them until they turn 18, according to § 9-3-90(b). Upon reaching 18, victims have two years to file their claim.

Were you under a mental illness or intellectual disability when you were injured that prevented you from bringing your lawsuit in the specified time because you did not comprehend your legal rights? § 9-3-90(a) will not count the time against you, but the clock will begin running once you are no longer under the disability’s effects.

Compensation that You Can Get in a Hinesville, GA Car Accident Lawsuit

When you file a lawsuit, you are trying to recover all the damages extending from the defendant’s negligence to make you as whole as you were before the accident or as close as possible. Generally, damages come in two types: compensatory and punitive damages. Compensatory damages cover your losses, including financial and non-economic damages, like pain and suffering. On the other hand, punitive damages do not cover any specific loss of yours but are meant to punish the defendant, which is why they are rarely awarded.

Compensatory Damages

Compensatory damages can be further divided into economic and non-economic damages. Economic damages include all the losses you suffered that we can prove through payments, either from you or your insurance provider. Medical bills often comprise the bulk of your economic damages since healthcare costs can be extreme for even minor treatments. Your lost wages will also make up a significant portion of your economic losses if you cannot work because of your injuries. Most victims must also claim property damage for their vehicles, which will be included in your economic damages.

Pain and suffering, another name for non-economic damages, is often more difficult to calculate because they do not correspond to bills and invoices. Pain and suffering compensate you for the emotional distress and physical pain the defendant’s negligence has caused. If you experienced depression, PTDS, anxiety, or other conditions following the accident, our team can evaluate them for your claim, which can greatly increase what you recover.

Punitive Damages

Punitive damages are not often awarded in car accident lawsuits because they are not intended to compensate victims but to punish defendants for conduct that goes beyond negligence. Thus, you must prove that the defendant acted in a way that evidenced a conscious indifference to their actions and their consequences, malice, wantonness, or willful misconduct, as per § 51-12-5.1(b).

However, the evidentiary bar is higher to recover punitive damages than compensatory losses. You only need to show it is more likely than not that the defendant caused your losses to recover compensatory damages. To be awarded punitive damages, you must show that the defendant acted in the manner described above with “clear and convincing” evidence. This means there must be little room to question whether the defendant acted with malice or willful misconduct. For instance, if the defendant were arrested for DUI, evidence of the arrest would likely be clear and convincing.

Unfortunately, though, § 51-12-5.1(g) caps punitive damages at $250,000. However, that limitation will not apply if the accident was caused by a driver arrested for DUI, according to § 51-12-5.1(f).

Contact Our Martinez, GA Car Accident Lawyer Today for Help Filing Your Lawsuit

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