Across the country, drunk driving accidents are among the most common types of collisions. In…
When it comes to car accidents in Georgia, time is of the essence. Every state has a statute of limitations that sets forth the amount of time an injured party has to file a lawsuit seeking compensation for their losses related to an auto accident. If you have been involved in an automobile collision and are looking for justice, you need to act quickly and hire a qualified Atlanta car accident lawyer like Nathan Fitzpatrick as soon as possible so that your rights are protected and your case can be filed before any deadlines pass. Don't let time run out on your claim!
Did you know that in Georgia, motor vehicle crashes, or MVCs for short, were the second leading cause of injury-related fatalities? They were also the second leading cause of ER visits and hospitalizations in the state. MVCs can include traffic and non-traffic accidents.
That said, the odds that you or someone you know may be injured in a car accident are high. Since this is the case, it's vital to understand Georgia's statute of limitations for auto accidents. This statute determines how long you have to file a lawsuit after an accident occurs.
Statute of Limitations for Car Accidents
In the US, every state sets its own statute of limitations for car accidents. In Georgia, the statute of limitations code (OCGA 9-3-33) states that the time for filing a personal injury claim relating to a car accident is two years from the incident date.
This statute applies to all parties involved in a car accident, whether they are drivers, passengers, pedestrians, or cyclists. However, there are exceptions to this statute that can be explored further with a skilled car accident attorney well-versed in the statute of limitations in Georgia.
Two years may sound like a long time, but your statute of limitations will start ticking right after the MVC occurs. You should begin working with a professional personal injury attorney as soon as possible to ensure that your statute of limitations doesn't expire and that you file all the necessary paperwork in a timely manner.
Additionally, the fresher the evidence and documents, the stronger your case will be in most cases. Therefore, it's important to act quickly and efficiently. An experienced car accident attorney with a thorough understanding of Georgia's statute of limitations can help you build a strong legal claim and maximize the amount you receive in compensation for any damages or losses incurred due to an auto accident in Georgia.
Georgia's Car Accident Law: Recovering Damages After A Car Accident
Georgia car accident victims have the right to pursue legal action and seek financial compensation for their injuries and damages, meaning that after an auto accident, victims can recover damages for their medical bills, lost wages, pain and suffering, property damage, and emotional distress. The average settlement for car accidents in the Peach State can vary depending on the severity and circumstances of the crash.
Many factors will be taken into account when calculating a settlement. These include money paid out in medical bills, lost wages, pain and suffering, property damage, and emotional distress that were caused by the accident. An experienced personal injury attorney in GA can help you to determine how much you are entitled to in a settlement.
Comparative Negligence in Georgia Auto Accident Cases
Generally, Georgia follows a modified comparative fault rule in which all parties involved are assigned a percentage of fault for the MVC. The court will assign damages according to each party’s level of negligence. Case in point: If both parties are found to be at fault for an accident, the damages are split according to their level of responsibility.
For instance, if you were found to be 20% at fault for the MVC, the other party would be held responsible for 80%. So, if an individual sustained $100,000 worth of injury-related damages in an auto accident and were found to be 20% at fault, they would only be able to collect 80% of the total damages from the other party. That means, in this case, their award would be $80,000 instead of $100,000.
It is important for victims to understand their rights when it comes to pursuing compensation after an auto accident. This includes understanding the concept of comparative negligence and how it will affect your case. A professional car accident lawyer will ensure that you understand what you need to know about the statute of limitations in Georgia and the modified comparative fault rule so that you can get the best possible outcome after a car crash.
Negligence and Liability in A Car Accident Lawsuit
Negligence is the legal standard that must be proven to determine liability in a car accident lawsuit. Negligence occurs when someone fails to act with reasonable care, and their actions cause harm to another person or property. Proving negligence in an auto accident can involve investigating all of the details surrounding the incident. This includes determining who was at fault and if the other driver was operating their vehicle in a reasonable and safe manner.
Georgia's 'At Fault' and 'Modified Comparative Fault' Rules
In Georgia, auto accidents are subject to both “at fault” and “modified comparative fault” rules. At-fault rules state that if you are found to be at least 51% responsible for an accident, you can’t recover any damages. [1] Modified comparative fault rules state that if you are found to be more than 50% at fault for an accident, you will still be able to pursue compensation, but your award will be reduced by your percentage of fault.
How The Statute Of Limitations Affects Car Accident Cases
As noted earlier, the limitations period for personal injury and auto accident claims in Georgia is two years from the date of the incident. This means you must file your lawsuit within two years or risk it being dismissed due to being statute-barred. It is important to note that this statute also applies to lawsuits involving wrongful death, so families of deceased accident victims must contact a personal injury lawyer in GA immediately after the incident.
How Can a Car Accident Attorney in GA Help You after a Car Accident?
At the Fitzpatrick Law Firm in Atlanta, GA, our experienced personal injury attorneys understand how complex and stressful dealing with a car accident can be. We will work tirelessly to ensure that your rights are protected and that you receive the best outcome possible from your case. We've recovered millions yearly in settlements and have also gotten top-tier results for our clients.
So, if you were injured in an auto accident, you can contact our office 24/7 at (678) 607-5550 for more information about the statute of limitations and negligence laws in Georgia. If you prefer, you can schedule a free consultation by filling out our online contact form. Our experienced personal injury attorneys will provide you with personalized guidance in your case and will help you to understand your rights so that you can secure the compensation you are entitled to.
Statute Of Limitations FAQs
The following FAQs provide additional information about the car accident statute of limitations and liability in Georgia and other related information.
What is the statute of limitations on car accidents in Georgia?
The statute of limitations on car accidents in Georgia is two years from the date of the auto accident. That means that any lawsuit related to the accident must be filed within two years or risk being dismissed.
However, the statute of limitations may be extended past the two-year statute of limitations requirement if mitigating factors exist. For instance, the statute’s mandate of two years may be extended if the victim is mentally ill or mentally disabled after the motor vehicle crash. Another cause for extending its timeline is far more common, and that is if the victim is a minor.
Why is my attorney taking so long on my case?
The statute of limitations for auto accidents in Georgia means that a lawsuit must be filed within two years of the incident. A skilled and knowledgeable attorney that’s well-versed in navigating insurance companies and the court system might take longer to file a case if they need additional time to gather evidence and build a strong legal argument. Additionally, the statute of limitations may be paused while an investigation is ongoing or the other party is being served with a summons.
What is the average settlement for a car accident injury in Georgia?
The amount of compensation a person can receive after a car accident depends on the specific circumstances of their case. Generally speaking, factors such as the at fault’s intoxication levels, the injured party’s medical expenses and lost wages will be considered when determining an appropriate settlement amount. Additionally, pain and suffering damages may also be awarded depending on the severity of the injury. It is important to speak with an experienced attorney who can evaluate your case and provide you with guidance on what kind of settlement amount you could be entitled to.
How do I pick the best law firm in Atlanta, Georgia?
When choosing the best law firm in Atlanta, Georgia, for your car accident case, it is important to consider a few factors. First and foremost, make sure the law firm has experience handling auto accident cases. Next, you should ask questions about their track record with past clients, how they handle communication and fees, and whether they offer free consultations. In addition, reviews can be a great source of information to help you determine if the law firm is right for you.
How soon should you begin working on building your case?
The two-year timeline for the statute of limitations in Georgia for auto accidents and personal injury will pass by before you know it. There are many moving parts to these types of cases, too. That means that it is important to take action swiftly after an accident.
Contact our office at the Fitzpatrick Law Firm in Atlanta today to learn more about your rights and how we can help you secure the compensation you deserve. Our experienced personal injury attorneys are available 24/7 at (678) 607-5550 or via our online contact form. Don’t hesitate to get in touch – we are here to make sure your rights are protected!
Can the statute of limitations be extended in Georgia?
In some cases, the statute of limitations may be extended in Georgia. This is usually due to extenuating circumstances, such as if the other party leaves the state or if a minor was involved in the accident. It is important to speak with an experienced attorney to discuss your particular case and determine whether you are able to have your statute of limitations extended.
How long does an insurance company have to settle a claim in Georgia?
In Georgia, an insurance company generally has 30 days to settle a claim after receiving all necessary documents and information from the other party. However, this timeline may vary depending on the complexity of the case. On the other hand, if no compensation has been sent to you or a denial of your claim has been issued after 30 days, it is usually time to file suit. An experienced attorney can work with you and your insurance company to ensure that your case is settled in a timely manner.
How much can you sue for pain and suffering in Georgia?
The amount you can sue for pain and suffering in Georgia will depend on the specifics of your case and any evidence you have to support your claim. Generally speaking, an experienced lawyer will be able to assess your case and estimate a reasonable amount of compensation that you may be entitled to receive.
How long do I have to complete a police report after a car accident in Georgia?
You must file a police report within 24 hours of being involved in an auto accident in Georgia. This is important because the report can be used as evidence if you decide to take legal action against the other party.
How do I look up an accident report in Georgia?
In Georgia, accident reports can be accessed by visiting the Georgia Department of Transportation website. You must enter the report number and case number to access it. Once you have obtained a copy, your attorney can review this document and use it to build a strong case in your favor.
What do you do if you are unhappy with the compensation offered by the insurance company after your motor vehicle crash?
If you are unhappy with the compensation offered by the insurance company after your motor vehicle accident, contact our experienced car accident attorneys in Atlanta. We can negotiate on your behalf to ensure that you receive fair and just compensation for your injuries and other damages incurred.
If You Have Been Involved in an Accident, Contact The Car Accident Lawyers At The Fitzpatrick Firm Today
If you have been injured due to the negligence of another person, you may be entitled to compensation. Our experienced team of personal injury attorneys will review your case and provide a free consultation to determine if you are eligible for damages. We can also help you understand what legal options may be available so that you can make an informed decision about how best to proceed with your case. With years of experience in the area of personal injury law, we are here to help you protect your rights and get the justice you deserve. Contact us today at (678) 607-5550 to learn more about how we can assist you. We look forward to helping you achieve a positive outcome.
Other references used:
[1] https://georgiainjurylawyer.com/blog/car-crashes-comparative-negligence-ga/#:~:text=Under%20the%20modified%20comparative%20fault,or%20she%20cannot%20recover%20damages.