Before you commit to filing a lawsuit and pursuing civil action against a negligent driver in Georgia, you want to know whether or not it will be worth it.
Our lawyers will look to the available evidence to evaluate your chances of winning a car accident lawsuit. In Georgia, plaintiffs must show that it is more than likely a defendant caused their injuries. Having photographic evidence from the scene, video footage, and eyewitness statements are often good indicators of a strong case. Gauging the possibility of a comparative fault defense is important, too, as otherwise, some victims might not get fully compensated for their damages. By filing your case on time, preserving evidence, and presenting proof of damages, you can improve your chances of winning your lawsuit in Georgia.
Call Rice, Murtha & Psoras for a free case review from our Atlanta, GA car accident lawyers at (470) 287-3070 now.
How to Assess Your Chances of Winning a Car Accident Lawsuit in Georgia
When reviewing your case, our lawyers can gauge your chances of success based on the available evidence from the scene. We can prepare your case from there and anticipate possible defenses from the opposing side.
Review the Evidence
When you file a lawsuit, the burden is on you, the plaintiff, to meet the standard of proof. The evidence we gather and present in your case must show that it is more likely than not that the defendant caused your injuries. While this standard of proof might be lower than anticipated, it is still challenging to meet. Victims need substantial evidence to prove fault for a car crash and their damages, often including eyewitness statements, photos from the scene, and medical records.
Identifying evidence sources immediately is crucial. Right after the crash, take photos of the surrounding area, including damage to your vehicle and the impact points. These photos can inform an accident reconstruction expert’s assessment of the crash.
Our Albany, GA car accident lawyers must establish that the defendant owed you a duty of care at the time of the crash and show how they breached that duty of care. Eyewitnesses can testify to how the defendant acted negligently. Other evidence, like surveillance footage, might show exactly how an accident occurred and how the other driver breached their duty of care.
Review Your Actions
Car accidents are rarely straightforward, and negligent drivers might attempt to offload some blame for the accident onto victims. Because of this, it may be necessary to look closely at your own actions during and after the accident. For example, did you apologize for the accident? If you did, that might be misconstrued as accepting some of the blame.
This could hurt your case, especially because of Georgia’s modified comparative fault rules. The first rule to be aware of is O.C.G.A. § 51-11-7, which states that if a victim, by ordinary care, could have avoided injuries due to a defendant, they may not be entitled to recover any damages. Furthermore, if a victim shares fault for an accident, their recovery will be lowered proportionally, according to § 51-12-33. Sharing fault for an accident does not mean a victim will necessarily lose their case, but their damages might be reduced.
Anticipating a defendant’s possible use of a comparative fault defense may be necessary, depending on how complex your claim is. If the jury decides a plaintiff is 50% or more at fault, they will be barred from recovery. By anticipating these arguments, our lawyers can present evidence that undermines them so that you recover the full damages you deserve in Georgia.
Can You Improve Your Chances of Winning Your Georgia Car Accident Lawsuit?
There are several ways to improve your chances of winning a car accident lawsuit in Georgia, such as starting the process early. The more time you have to prepare your case, the stronger it may be.
File at the Right Time
Preparing a case takes time, and according to § 9-3-33, you will only have two years to file yours in Georgia. Filing a lawsuit long after an accident, even if you do so within the statute of limitations, could raise questions about your injuries, like their severity and cause.
If you need compensation for medical bills and other expenses due to a crash, you should bring your case somewhat immediately. That said, it is important to appreciate your claim’s value before filing, meaning you should understand the full scope of your injuries and losses before you sue. We can help you strike that balance of exactly when to bring your lawsuit after a crash.
Preserve Evidence
We will also prioritize evidence collection. If evidence is not preserved, it could be lost. That is why it is necessary to interview eyewitnesses immediately after an event. Otherwise, their memories might fade, and their statements might not be as useful to your case. Ask for eyewitnesses’ names and phone numbers at the accident scene, and our lawyers will promptly contact them. We can also contact owners of surveillance systems to get access to footage and obtain and review the police report for the accident.
Document Your Losses
You must show how the negligent driver’s actions have impacted your life to win your car accident lawsuit. This includes proving your injuries, which means we need access to your medical records. In addition to showing that the defendant injured you, we must show that you incurred real damages because of those injuries. So, we will help you identify all losses related to the crash, including medical expenses and lost wages. To prove future losses, we may get medical experts to testify about future care you will need. Document your emotional damages as well, as you may recover non-economic losses in your claim.
Call Our Car Accident Attorneys in Georgia Today
Call the Alpharetta, GA accident lawyers of Rice, Murtha & Psoras for a free case assessment at (470) 287-3070.