Suing After An Auto Accident Most states have specific laws that govern this process, so…
When you get into a car accident, your priority should be your injuries and your health. A car crash can leave people with physical injuries that can be serious and costly. Medical bills can add up and vehicle damage can be expensive.
In most car accident cases, this is why many people wonder if they can sue the at-fault party for the damages. Although this is always an option, it is often not necessary in some car accidents.
Typically, car accident claims will go through the driver's insurance company, and you will get reimbursed for your medical expenses. But there are situations when your personal injury lawyer may recommend it's in your best interest to file a lawsuit.
We're going to look at how you know it's time to sue someone personally and the statute of limitations for filing a lawsuit in Georgia. We'll also examine whether you can sue someone if there are no injuries resulting from your accident.
How Long After A Georgia Car Accident Can You Sue?
The Georgia statute for filing a lawsuit in a car accident is two years from the date of the accident. Since legal action can take some time, it's important to start the process as soon as possible so the limitations deadline does not expire. You'll want a passionate lawyer on your side, like someone from our team at The Fitzpatrick Firm, to represent you in the case and explain your legal rights. During a free legal consultation, you'll have a better idea of what lies ahead for your case.
How Do You Deal With An Atlanta Car Accident Privately?
Generally speaking, it is never a good idea to settle a car accident privately without legal representation or input from an insurance company. The only time you may want to consider this is if there is only minor damage to your vehicle and if there's no chance a personal injury claim will surface in the future.
If you are going to deal with a car accident privately you want to document the accident and any agreements that you make with the other driver. Take pictures of both vehicles and the scene. Get everything in writing and make no verbal agreements.
Take down the license number, make, model, and car color of the other party involved. Have the full name and contact information of the other driver as well as their insurance information.
You'll also want to get a police report if the at-fault driver was not you. The police report will have official documentation of all of the vehicles involved, people involved, whether anyone was injured and received medical attention, and what caused the car crash.
Since you are handling this on your own, get several quotes if there is vehicle damage. You want to get the best deal to repair any property damage.
Of course, if you want to give yourself the best chance at receiving fair compensation for your losses, it's best to hire a personal injury lawyer who can help you reach a fair settlement.
Can File A Car Accident Lawsuit In Atlanta, GA Even If You Don't Get Hurt?
If you were not physically injured in a car accident, it may be difficult to file a lawsuit and win your case. One of the legal elements of a negligence claim is damages.
But people involved in a car accident can still suffer emotional distress and mental anguish as a result of the accident. While the law often requires the victim to be personally injured before they recover compensation for mental and emotional distress, there can be exceptions.
The best way to determine if you have a valid claim for a car accident claim or personal injury case is to consult with an experienced car accident lawyer. An attorney can let you know if recovering compensation is possible in your case if you did not get hurt.
How To Tell If It's Time To Sue Someone Personally
If you're going to sue someone personally, you want to be aware of what you're in for. Going to court can be time-consuming and getting both parties to agree can be difficult. Many people wait to see what their insurance claim brings in terms of compensation before deciding to file a lawsuit.
Reasons To Sue Another Driver After a Car Accident
There are several common reasons why people decide to file a personal injury lawsuit.
The insurance settlement is too low
When you file an insurance claim, many insurance companies will want to offer you the lowest settlement possible. Since they're the ones footing the bill, you may not get what you deserve to cover all your expenses.
Look at the amount they offer you. If it does not cover your substantial medical bills or damage, suing the other driver may be in your best interest to recover your financial losses.
Your bills are too high
If you have mounting medical bills and have lost wages due to your accident, you may need to file a personal injury lawsuit to make some type of financial recovery.
Examine your expenses and compare them to what you're being offered in your settlement. If it's not enough and you've already tried contesting the settlement, many personal injury lawyers will recommend that you file a personal injury lawsuit.
You are not the at-fault driver
When you know that you are not the at-fault driver, you should have a good chance of winning a personal injury lawsuit. The more evidence and proof you have, the stronger your case will be when you know you were not at fault for the accident.
Car accident lawyers will tell you that the basis of every successful car accident lawsuit is being able to prove you were not at fault. This is what gives you a reason to sue for the damages you suffered.
When negotiations with the insurance company or negligent party have failed and you are not receiving fair compensation for your medical treatment and other economic damages, you may consider a lawsuit.
Contact The Fitzpatrick Firm For A Free Car Accident Case Review
If you've been in a car accident, call The Fitzpatrick Form for a free case evaluation. We will review your case and work to get full compensation for your injuries. Your free consultation is a good way to begin a solid attorney-client relationship.
When you're looking for a car accident lawyer to help you get a fair settlement, The Fitzpatrick Firm is here to help. Call us today or contact us online to get started.