Filing a Car Accident Claim in Oakwood

Car crashes happen unexpectedly and can leave you traumatized, with painful injuries and other damages and losses. Georgia is an at-fault insurance state, meaning that the at-fault driver is responsible for covering the damages caused by the wreck.

You have the right to file a lawsuit seeking payment for your injuries and other losses after a motor vehicle collision caused by someone else’s carelessness. Call a qualified car crash lawyer at Smith Hulsey Law if you need help filing a car accident claim in Oakwood.

Filing a Claim With Auto Insurance Providers

An essential step after a car crash is for the involved drivers to contact their insurance provider promptly to begin the claims process. You will need to gather as much information as possible, such as:

• The accident’s date, time, and location
• Details about the collision and damages
• Contact and insurance information for other motorists

Unfortunately, speaking directly with the insurance representative can negatively affect the potential payout for damages if the adjuster misconstrues statements. Our team of legal professionals at Smith Hulsey has extensive experience filing vehicle collision claims in Oakwood and could handle the communication and negotiations to ensure you receive a fair settlement.

Filing a Claim in Court

If you cannot reach an acceptable settlement agreement with the insurer, you could initiate legal action in civil court. You must prove the defendant is liable for your damages because of their negligent actions that caused the collision. You must also establish your damages and losses. If the court determines your case proves the elements of negligence, they may award you compensation for the following:

• Medical care, including past, current, and future costs, such as hospital stays, doctor visits, and ongoing treatment
• Prescriptions, medical devices and equipment, transportation costs for appointments, and home renovations if necessary
• Lost pay, earning potential, and benefits for the time the injured party is at home recovering
• Pain and suffering caused by the disability and losing the ability to participate in activities the plaintiff enjoyed before the accident
• Permanent scarring, disfigurement, and disability
• Emotional distress, anguish, and trauma, such as post-traumatic stress disorder
• Loss of consortium and support

Filing an Oakwood car crash claim is complex and often confusing. A seasoned attorney could help you navigate the legal process and advocate for the maximum potential award for damages.

Deadline for Initiating Legal Action

State civil legislation, called the statute of limitations, limits the time people have to file a claim for damages after vehicle collisions. Per Georgia Code § 9-3-33, the petitioner must initiate legal action within two years of a car wreck or lose eligibility to pursue compensation.

However, the deadline is four years for collecting payment for the loss of consortium, which is the loss of benefits of family relationships. Some specific circumstances, such as the plaintiff’s age or severity of injuries, could extend the timeline. That said, acting as soon as possible is always in your best interest.

Contact an Oakwood Attorney for Help Filing a Car Accident Claim

State laws protect drivers after vehicle collisions caused by someone else’s recklessness, allowing you to hold the liable party financially responsible. An award for damages could cover your out-of-pocket expenses and non-monetary injuries, such as pain and suffering.

While you have options, the legal process can be frustrating if you attempt to navigate it alone. Let a skilled legal professional offer legal advice and guidance. Call a hard-working lawyer at Smith Hulsey Law today for more information about filing a car accident claim in Oakwood.