Newnan, GA Car Accident Lawyer

While some car accidents are minor and do not cause too much trouble, many others involve serious injuries and losses to victims. When another driver injures you, you can get coverage for your recovery by filing a lawsuit.

Our lawyers are ready to build your case and file it before the deadline. Car accident victims only have a few years to file their claims unless an exception applies. Our team will quickly identify the timeframe in your case and gather evidence immediately. While prepping your case, we can also assess whether some of your actions will be used against you as a defense. Fortunately, you will not be denied compensation just for being partially responsible as long as you are not mostly at fault. By gathering quality evidence, we can fight these claims and get you the damages you deserve.

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

When You Should Start a Car Accident Lawsuit in Newnan, GA

The answer to when you should file your lawsuit after a car accident is simple: as soon as your injuries allow. You want as much time as possible to prepare your case, but the statute of limitations also restricts the time you have to file. In Newnan, O.C.G.A. § 9-3-33 only provides car accident victims two years from the date of the collision to file a lawsuit. The moment you are injured, the clock starts ticking.

Fortunately, our car accident attorneys can help prepare your case quickly and file before the statute of limitations impacts your claim. The court does not entertain lawsuits filed after the deadline, leaving victims responsible for their losses alone. If the last day to file is approaching or has passed, we can determine if an exception will “toll” the statute of limitations, which is a lawyer’s way of saying stopping the clock.

Car accident victims younger than 18 will always have more time to file a lawsuit under § 9-3-90(b). The clock will only start ticking again on a minor car accident victim when they turn 18, after which they will have two years to file their claim.

• 9-3-90(a) also tolls the statute of limitation, giving individuals with an intellectual disability or mental illness at the time of the accident more time. They will have two years from the day they are no longer under their disability’s effects to file a lawsuit.

We can also argue for more time to file your lawsuit if the other driver does not live in Georgia. Given Newnan’s close proximity to the Alabama border, this situation is more than possible. If a negligent driver lives outside the state and you cannot legally serve your lawsuit on them, § 9-3-94 will toll the time until the defendant returns to Georgia. Our team can monitor your case for when the other party returns so we can file your claim. The statute of limitations will run again when they return to Newnan or when you should have known they were back.

Deciding Liability in a Newnan, GA Car Accident Claim

Of course, liability is one of the most important questions in a lawsuit, if not the ultimate question. You cannot recover compensation if you do not prove the other driver’s liability. While you are trying to prove the other driver caused your accident, they will likely be trying to prove you contributed to it or caused it yourself. Defendants can raise the “comparative negligence” defense during the claim, which can offset what they end up paying.

Comparative Negligence

In Newnan, each party in a personal injury lawsuit is assessed for their own share of the fault under this modified comparative negligence rule. According to § 51-12-33(a), if a plaintiff is found to share some degree of responsibility, they can still recover compensation, but the court will reduce the damages awarded in proportion to their percentage of fault. For example, if you are found 20% at fault and awarded $100,000, 20% will be subtracted, leaving you with an $80,000 award.

Gathering as much relevant evidence as possible is vital to fight the defendant’s claims you are partially at fault. While you can recover compensation if you were somewhat responsible, there is a limit to how at fault you can be before being barred from recovery. Under § 51-12-33(g), the court will not award you any damages if you are found 50% or more at fault for your injuries or damages.

Evidence to Prove Liability

The judge or jury in the case determines liability. They make their determination based on the evidence and how it is presented, so the more you have, the better. Your testimony often forms the basis of your evidence since you can best describe the accident you were in, the injuries you suffered, and the treatments you have undergone. We will also want testimony from any witnesses we can identify. Eyewitness testimony can push the case beyond a finger-pointing contest between you and the other driver, tipping the balance in your favor.

We can use the police report from your accident to locate and contact witnesses you did have a chance to speak with. Our team can also use the police report to get an overview of the accident, including the defendant’s actions and the investigating officer’s observations. While your police report cannot be admitted as evidence if your claim goes to trial, it is critical during settlement negotiations with insurance companies, where most cases conclude.

You might already have some evidence in the form of photos and videos from the crash scene. If you took pictures of your damaged vehicle, debris on the scene, and your injuries, they can be submitted with your claim. Our lawyers will also investigate the accident scene for surveillance and traffic cameras that might have recorded your crash and request the footage before it is erased.

Call Our Newnan, GA Car Accident Attorneys for Legal Assistance Today

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