A bad car accident can completely alter your life, leaving long-lasting injuries and emotional trauma. While you are recovering, you may also be unable to work, causing additional financial burdens as you and your family struggle to pay for medical bills.
If someone else caused your traffic crash, an experienced attorney at Smith Hulsey may be able to help you recover compensation from the negligent party. Let a Clarkesville car accident lawyer at our firm work to ensure that you have the resources you need to move forward with your life.
Georgia sets a specific time limit for a plaintiff to bring a lawsuit, known as the statute of limitations. According to O.C.G.A. Section 9-3-33, one must file a cause of action for a car accident injury within two years from the date of the crash. If a victim does not file their car accident claim on time, their right to damages will be barred. The defendant will file a motion to dismiss based on the expiration of the statute of limitation, which the judge will usually grant.
However, there are limited exceptions to the two-year time limit, such as if the injured victim were under the age of 18 at the time of the accident. A seasoned Clarkesville car accident attorney could ensure that a claim is filed on time and advise on any applicable extensions.
To file a lawsuit for vehicle damage, or injury to “personalty,” the statute of limitations is four years from the accident date as stated in O.C.G.A. Section 9-3-31. A knowledgeable attorney could further advise on this filing deadline for vehicle damage claims.
If a car accident results in someone’s death, the family could bring a wrongful death lawsuit within the two-year limitation set out in O.C.G.A. Section 9-3-33. The two years begin to run on the date of the person’s death, which may differ from the date of the accident.
Clarkesville is located within a state that follows the modified comparative negligence rule, as outlined by O.C.G.A. Section 51-12-33. Comparative negligence is a legal standard for determining how much fault each person bears for the accident and injuries. An injured party is still entitled to recover damages in a car accident even if they are partially at fault, but their compensation will be reduced by their degree of fault.
For example, if the injured party is speeding and is hit by a driver running through a stop sign, the injured party’s damages will be reduced by their degree of liability as determined by the judge or jury. If damages are $10,000 but they are 20 percent at fault, their damages are reduced to $8,000.
However, if the injured party’s share of fault for the car accident is deemed to be 50 percent or more, they will not be able to recover any damages. An experienced local attorney could assess how comparative negligence may affect a particular car crash case and help fight any allegations of partial fault.
Through a successful car wreck claim, a victim is entitled to both economic and non-economic damages for their losses. Economic damages are to compensate the injured party for their monetary losses, such as:
Non-economic damages are for more subjective losses that do not have a set monetary value. Non-economic damages awarded for car accidents may include:
Determining the amount of damages is a critical part of a successful auto collision case. A knowledgeable car accident attorney at Smith Hulsey could hire medical and financial experts to testify on the full extent of a victim’s injuries. Our Clarkesville lawyers are prepared to fight tirelessly for an appropriate amount of compensation in a traffic collision case.
Dealing with the aftermath of a car accident can be overwhelming. Doctor appointments, medical care, mounting expenses, and future burdens are stressful, and pursuing a legal claim may seem even more overwhelming.
Let a skilled Clarkesville car accident lawyer guide you through the legal process and handle your case while you focus on recovering. A successful claim could alleviate your financial and emotional burdens after a crash. Call Smith Hulsey today to learn how we can provide the compassionate guidance you deserve.
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