Most of us will probably be injured in some sort of accident at some point in our lives. While some are lucky enough to walk away with only minor bumps and bruises, others are badly hurt. If this sounds like your situation, you should speak to a lawyer about how to get fair compensation for your injuries and other damages in a personal injury case. You might be entitled to more compensation than you realize.
First, you should speak to a lawyer quickly, as you have a limited time to file your case in court. Plaintiffs filing personal injury claims typically have only 2 years to file, barring special circumstances. Next, your damages should account for financial costs, emotional damages, and possibly punitive damages if the defendant’s actions were shocking or egregious. Your attorney can help you determine the extent of your damages and what compensation you are entitled to. To get compensation, we need to prove your claims. Evidence varies from case to case, but things like physical evidence, testimony, and even certain records or documentation may be important.
To begin your case with a free, confidential case evaluation, call our Atlanta personal injury attorneys at Rice, Murtha & Psoras at (470) 287-3070.
How Much Time You Have to File a Civil Case for Personal Injuries in Stockbridge
Filing a personal injury case does not happen overnight. Civil cases take time and effort to prepare. It is not unusual for plaintiffs to work with their attorneys for months or more to prepare their case. While you should take the time you need, it is best to get started as soon as possible. According to the statute of limitations under O.C.G.A. § 9-3-33, you may have only 2 years to file your case.
The 2-year limitation period begins on the day of the accident. By the time you speak to a lawyer, the clock is already ticking. While 2 years might sound like a long time, it really is not. Again, personal injury cases take time to prepare, and the sooner you get started with our personal injury lawyers, the more time you have to prepare your case. If time is running out and you have not filed anything, ask your lawyer if it may be possible to have the statute of limitations tolled.
Tolling may be possible under a variety of conditions. A common condition that may warrant tolling is the plaintiff’s age. Another condition may be the plaintiff’s mental state. According to § 9-3-90, plaintiffs who were minors or under a mental condition that prevents them from understanding their injuries or rights may have the limitation tolled until they are 18 or their mental state or condition changes.
Another possibility is that the defendant left the state. To sue the defendant, they must be within the jurisdiction of the State of Georgia. If they are still in Georgia or within the reach of long-arm statutes, you can file your case. However, according to § 9-3-94, if a defendant is out of the state and cannot be found out reached by long-arm statutes, the limitation period may be tolled during the time in which they are outside the state.
Damages Available in Stockbridge Personal Injury Cases
Your damages should account for everything you have lost and endured as a direct result of the accident and your injuries. Damages often include economic costs and non-economic injuries, but punitive damages are occasionally available, too. Your attorney can help you evaluate your damages to make sure nothing is overlooked, and you get the maximum compensation possible.
Economic Damages
Your economic damages should account for actual financial costs related to your injuries. Chief among these costs may be your hospital bills. If your injuries needed medical treatment, you likely have some steep medical bills to contend with. Even if you were not badly hurt, you should have gotten checked out by a doctor anyway, just to confirm. Even a single visit to the ER may be expensive, and you should add the costs to your overall claim for damages.
Other economic damages may include lost property or income. Many victims are so badly hurt that they cannot continue working for a while, and they lose valuable income at a time when they need it the most. Additionally, they might lose valuable property. For example, your car might have been totaled in a crash, or you might have lost valuable personal items like a cell phone or wedding ring.
Non-Economic Damages
Non-economic injuries are often unrelated to money but may still warrant financial compensation. These damages often include mental, emotional, and psychological injuries and trauma. If an accident is especially frightening, dangerous, or traumatizing, plaintiffs might claim non-economic damages for what they endured. If injuries come with disabilities or painful complications, plaintiffs might claim damages related to the overall decline in their quality of life. These damages are highly subjective, and your lawyer can help you get the most compensation possible.
Punitive Damages
According to O.C.G.A. § 51-12-5.1(b), punitive damages may be awarded as a punishment for defendants whose actions are especially abhorrent. However, these damages are only available if very specific criteria are met. We must prove by clear and convincing evidence that the defendant caused your injuries through willful misconduct, fraud, malice, oppression, or wantonness. Alternatively, we must show that the defendant acted with such a lack of care that it creates a presumption of conscious indifference to the consequences of their behavior.
According to subsection (g) of this law, punitive damages are generally capped at $250,000. However, subsection (e)(1) states that punitive damages are not capped in product liability cases. Also, according to subsection (f), cases where the defendant had specific intent to cause harm or acted under the influence of drugs or alcohol do not have caps on punitive damages.
Contact Our Stockbridge Personal Injury Attorneys for Help with Your Case
To begin your case with a free, confidential case evaluation, call our personal injury attorneys at Rice, Murtha & Psoras at (470) 287-3070.