When you get into a car accident, your priority should be your injuries and your…
There were over 330,000 crashes [1] in Georgia in 2021, which makes car accident cases the number one type of personal injury claim in the state. Of these cases, the majority of them are settled out of court. But in some cases, it is necessary to file a lawsuit.
When this happens, the legal process for car accident lawsuits in Georgia can be complex and overwhelming. In some instances where the process is mishandled, a higher settlement amount may be lost. This is why it is important to seek top-notch legal advice and representation when pursuing a car accident lawsuit in Georgia.
Nathan Fitzpatrick, a highly experienced car accident attorney in Atlanta, Georgia, is here to discuss what happens if you lose a car accident lawsuit and the best way to prevent such an outcome.
Overview of Car Accident Lawsuits in Georgia
When a car accident happens in The Peach State, the legal process usually begins with filing a claim to the at-fault driver's insurance company. Georgia is an at-fault state, which means that the at-fault driver is responsible for any damages or injuries caused by their negligence.
Georgia law requires all drivers to have car insurance, and the insurance company has an obligation to pay for the damages and losses caused by the accident. If you are injured in a car accident, you may be able to receive compensation through your own insurance policy as well.
Potential Forms of Compensation
When seeking compensation for a car accident case, you may be able to receive several different types of payments. These include medical expenses, lost wages, pain and suffering, property damages, and other economic losses. The amount of compensation you are entitled to will depend on the severity of the injuries sustained in the accident and any other damages.
Should I Settle My Personal Injury Claim Instead of Going to Trial?
Settling out of court is usually the preferred option for most car accident cases in Georgia, as it can be faster and simpler than going to trial. Unfortunately, insurance companies do not offer a fair settlement sometimes, or they may deny your claim altogether. In these cases, it is important to have an experienced car accident lawyer on your side who can help you fight for a fair settlement or take the case to court.
Legal Process for Car Accident Lawsuits in Georgia
If you decide to pursue a car accident lawsuit in Georgia, several steps must be taken, starting with understanding the Georgia Statute of Limitations for car accident lawsuits.
Georgia Statute of Limitations for Car Accident Lawsuits
When you are working through the legal process, it's important to know that there is sort of an expiration date on car accident lawsuits, known as the Statute of Limitations. Per Georgia Civil Code, 9-3-33 Statute of Limitations, a claim must be brought within two years of the date the accident occurred or two years from when you were aware that your injury was related to the accident.
So, if you don't file a claim within two years of the date of the accident, your claim will be barred. When that happens, you won't be able to receive any compensation for your damages. It's important to keep this fact at the forefront of your mind so you don't miss any legal deadlines.
Filing a Claim with Your Insurance Company
When filing a claim for your car accident, you may need to provide evidence that another driver was at fault. This could include police reports, photographs of the damage from the accident, witnesses’ statements, and other relevant information. Your attorney can help you gather all of the necessary documents and file a claim with your insurance company or with the at-fault driver’s insurance company.
Finding the Right Attorney
It's important to hire an experienced car accident lawyer in Georgia with a proven track record of success in resolving these types of cases. Also, look and see if they have stellar reviews and testimonials or have received accolades from legal organizations. Also, many of them give free case evaluations. During the evaluation, your lawyer should be willing to take the time to explain the process to you and answer any questions you may have.
Investigation and Evidence Gathering
After hiring an attorney, they will take steps to investigate your case by gathering evidence that supports your claim. This could include police reports, photographs of the accident site, eyewitness statements, medical records, and other relevant documents. Your attorney may also file a Freedom of Information Act (FOIA) request for additional information about the accident.
Filing a Lawsuit
Once all of the necessary evidence has been gathered, your lawyer will draft and file a lawsuit on your behalf with the court. This will officially start the legal process.
Discovery Phase
The discovery phase is a formal process where both sides exchange information and evidence related to the case. The process lets the parties know before the trial starts what evidence may be presented. During this time, your attorney may depose witnesses, request medical records, and conduct research that supports your claim.
Mediation and Negotiation
Once all the evidence has been gathered, your attorney may enter into mediation and negotiation with the other side. This is an attempt to reach a fair settlement without going to trial. In some cases, this can result in a successful resolution of the case without having to go through the entire trial process.
Trial
If negotiations fail to result in a resolution, the car accident case heads to the civil court system. Here, a judge and jury will hear the evidence presented by both sides and make a ruling on who is at fault for the accident.
Appeal
If one side does not agree with the court’s decision, they can file an appeal to have it reviewed again. This is usually a lengthy process that could add additional time to the legal process. Therefore, it's important to speak with your lawyer about whether or not an appeal is worth pursuing.
Damages and Compensation
If the court finds that one side is at fault for the accident, they can be held liable for damages and fair compensation to the other party. This could include medical bills, lost wages, pain and suffering, property damage, and other costs associated with the accident. Your attorney can help you understand what types of compensation you may be entitled to and negotiate with the other side on your behalf.
What Happens if You Lose a Car Accident Lawsuit in Georgia?
If you lose your car accident lawsuit, you don't receive compensation for your damages. There are a few other things that can happen after losing a car accident case, including having to pay the other party's attorney fees and appealing the verdict.
Is it Possible to Appeal a Personal Injury Case Decision?
Yes, it is possible to appeal a personal injury lawsuit loss. However, the appeals process can be lengthy and costly. Therefore, it's important to speak with your lawyer about whether or not an appeal is worth pursuing.
Do You Have to Pay Attorney Fees if You Lose?
Whether or not you have to pay your personal injury attorney fees for their services depends on whether they are working on a contingency basis. That means they only receive a payment if you win your case. If this is the arrangement, you are not obligated to pay them any fees after a loss in court. However, other costs may be associated with your case, such as filing fees or expert witness expenses, that will need to be paid regardless of the outcome.
Impact on Your Finances
If you are successful in winning your car accident lawsuit, it's not a stretch to say you will be financially better off. Depending on the extent of your damages and the amount of compensation, you could receive enough fair compensation to cover all your medical expenses, lost wages, and even pain and suffering. In some car accident cases, punitive damages may also be awarded if it can be proven that another party acted negligently or recklessly. However, this type of case is more difficult to win.
In contrast, if you lose your car accident case, you could be responsible for paying the other party's legal fees, as well as any court costs associated with your case. This could have a significant negative impact on your finances, so it is important to understand all the risks before making a decision about whether or not to pursue litigation.
Also, your insurance company may increase your premium – even if you were only partially to blame. Even a small increase in your monthly bill can add up significantly, especially on top of all your other expenses.
Role of an Insurance Company in a Personal Injury Lawsuit
If you are successful in your claim, it's not a stretch to say you will be financially better off. Depending on the extent of your damages and the amount of compensation, you could receive enough to cover all your medical expenses, lost wages, and even pain and suffering. In some cases, punitive damages may also be awarded if it can be proven that another party acted negligently or recklessly. However, these types of car accident cases are more difficult to win.
On the other hand, if you lose your car accident lawsuit, you could be responsible for paying the other party's legal fees, as well as any court costs associated with your case. This could significantly impact your finances, so it is important to understand all the risks before deciding whether or not to pursue litigation.
Also, your insurance company may increase your premium – even if you were only partially to blame. Even a small increase in your monthly bill can add up significantly, especially on top of all your other expenses.
If You've Been In A Car Accident In Georgia and Wondering If You Should File Suit, Contact The Fitzpatrick Frim For A Complementary Case Review
At The Fitzpatrick Law Firm, we have represented many car accident victims who have been injured in collisions and successfully secured substantial settlements on their behalf. We understand the specifics of these types of cases and have the experience to navigate them effectively, getting you the financial compensation you deserve.
Contact us today at (678) 607-5550 for a free case review or schedule a free consultation online to discuss your legal options. We're available 24/7 and are always happy to answer any questions you may have about the legal process for car accident lawsuits in Georgia.
[1] https://www.garymartinhays.com/car-accident-posts/georgias-fatal-crash-stats-2020-2021/