Individuals often act thoughtlessly in ways that can cause others financially and emotionally. If you have been injured in an accident, our attorneys can identify who is at fault and file a lawsuit against them.
Many individuals require compensation because of damages caused by a careless driver. Others might sustain injuries on someone else’s property because the owner failed to address a hazardous situation. Additionally, you might have been hurt by a faulty product, such as workplace equipment or prescription drugs. Regardless of how your injuries happened, our team is equipped to collect evidence to support your claim. We will gather accident reports, speak with witnesses, and collect photos and videos to establish liability. Our lawyers will also retrieve your medical records from all healthcare providers to assess your losses accurately.
For your free and private case review with our Atlanta, GA personal injury attorneys, call Rice Law today at (470) 287-3070.
Time Limit to File a Personal Injury Lawsuit in Suwanee, GA
You might know that there is a limited timeframe to file a personal injury claim following an accident, referred to as the statute of limitations. Most victims of injury are subject to the same general period for limitations, but certain circumstances may allow for extended time to file, while others may necessitate a quicker filing.
Typically, the statute of limitations for the majority of personal injury claims is two years, as per O.C.G.A. § 9-3-33. This period begins to count down from the moment your legal cause arises, which means you essentially have two years from the date of your injury. For example, if someone harmed you through negligence or intent on January 15, 2025, you would need to file a lawsuit by January 15, 2027.
Filing a case after the deadline results in the plaintiff losing the ability to seek compensation, leaving them responsible for their losses. Special circumstances must exist for the statute of limitations to be legally “tolled,” meaning paused.
One common reason for extending the statute of limitations is when the injury victim was incompetent at the time of the accident. Under § 9-3-90(b), individuals who are under 18 when their claim arises are afforded the same duration under the standard limitations period to file a claim. This means that children with injury claims have until their 20th birthday to file.
This exception also applies to individuals who are deemed legally incompetent because of physical, mental, or intellectual disabilities present at the time of the accident, as outlined in § 9-3-90(a). Typically, a disability renders a person legally incompetent when it hinders their ability to comprehend their injuries and understand their right to seek compensation. Once the individual’s disability is resolved, they have the same two-year period to file, starting from that point. Furthermore, if an injury victim becomes disabled after the accident, the limitations period will still be extended, provided they did not voluntarily contribute to or cause the condition, according to § 9-3-91.
Proving a Personal Injury Lawsuit in Suwanee, GA
Regardless of whether it’s an insurance claim or a court trial, having evidence is essential to validate your claims and receive compensation. Certain types of evidence can demonstrate liability, such as accident reports, photographs, and witness statements. Other evidence will support the damages resulting from the defendant’s negligence, like medical documentation, pay stubs, and various financial records. If the cause of your accident is ambiguous or if your long-term damages are complicated, expert witnesses can clarify these matters for the insurance company or in court.
Accident Reports
Accident reports provide a useful summary of your incident. They typically contain details about the negligent party, witness identification and their statements, as well as a description of the accident and any injuries that resulted. Reports will also include essential information, such as the time, date, and location of the incident.
For example, if you sustain injuries in a car crash, it is important to notify the police about the accident. Police collision reports generally contain the aforementioned information, along with the officer’s observations and whether the other driver received a citation for violating a traffic law.
Additionally, if you were injured on someone else’s property, you should inform the property owner or business manager about the incident. In cases where injuries occur at a store or restaurant, it is standard practice to document the accident, such as a slip and fall. Our team can recover these records from the establishment when pursuing your damages.
Eyewitness Statements
Witnesses often play a vital role in establishing fault. They have the ability to bridge the gaps in your narrative and clarify the events leading to your injury caused by the defendant. If your condition after the accident allows, try to talk with witnesses at the scene, as you might not have another opportunity to do so later.
Make sure to collect their contact details and jot down what they observed, but refrain from sharing too much information about the incident since the other side’s attorneys can question them if they testify on your behalf. Our team is able to examine accident reports to identify witnesses in case you were unable to talk to any before seeking medical attention.
Expert witnesses can also provide statements if liability or your damages are difficult to establish. For instance, accident reconstruction experts can help prove how fast the defendant was going. Additionally, medical experts can explain the diagnosis for severe injuries and the long-term damages they will result in.
Photographs
Photos can serve as evidence when physical items cannot be preserved or adequately displayed in court. For example, after you leave the scene of a car accident, the debris and damage, along with the placement of the vehicles, will be cleared away. These specific details can be documented with photographs, which our team can submit as part of your claim. If possible, you should also capture images of any visible injuries so that their severity can be preserved.
Call Our Suwanee, GA Personal Injury Lawyers Today for Help
Contact Rice Law at (470) 287-3070 to get your free case review from our personal injury lawyers.