Statute of limitations
No matter what type of accident lawsuit you file you should not waste any time in doing so because Georgia, like most other states, has what is known as a statute of limitations.
The statute of limitations is the deadline within which you can file a lawsuit, be it a personal injury lawsuit, a property damage lawsuit or a wrongful death lawsuit. Any delays can result in your claim being denied. This is why we recommend that you contact one of our legal pros right away after an accident as long as you have received medical attention first.
One thing at a time. Stop the bleeding first!
Remember, Georgia has a statute of limitations of two years for accident lawsuits. It may vary for other lawsuits.
Two years may seem like a lot of time, but it takes time to build a case. There are many requirements which you will need to satisfy. In addition, all the evidence must be enclosed along with the lawsuit. But this all depends on the case. Many cases are not overly complicated and your legal representative will explain this to you. This is why you hire one of them, they know their way through this legal episode.
Some people delay filing because they do not think they have time and they believe they cannot afford the attorney. Do not assume such things. Your legal pro will handle almost all the work and most of the time they will not be paid until you are paid. They only take a percentage of the final verdict or settlement.
The processes such as discovery and investigation can take a lot of time, sometimes even years and that is precisely why you need to make the first move as quickly as possible because witnesses can move away, evidence can be lost or grow stale for a variety of reasons, and so forth.
If you wait until almost the second year is up, you may not try this case for another year, for instance, which means it would be about three years from the date of the accident and your case could be somewhat forgotten. Digital evidence does not go away if you save it properly and back it up but eye witnesses, as said before, can forget things and may not live in the area anymore.
The point is, if someone has been negligent causing you injury, you need to speak with a legal professional soon, within a couple of days, to get this ball rolling down the hill.
Damages
In Georgia, you can claim both economic damages and non-economic damages. For economic damages, you will need supporting evidence such as medical bills, repair bills, funeral costs, etc. to justify and quantify the damages you claim. Our Georgia accident lawyers are well-experienced in this regard and they will be able to help you extrapolate and win every penny of the damages you deserve.
You can find them using our interactive map on USAttorneys.com. Any issues? Use our contact form to send us your info and we will call you back during the day and help you in this endeavor. We want to see you secure the legal help you need. Make it happen! This site was fabricated for your exact situation! Find an attorney right now!
How can a Georgia lawyer help after an accident resulting in property damage and injury?
Catastrophic accidents can leave people with long term physical, emotional and financial ruin, along with experiences of losing loved ones and stable livelihoods. In a split second, an accident can lead to harm, injury, damage, loss, or wrongful death casualty. An experienced legal professional can represent the interests of accident victims toward financial compensation for losses related to an accident. Depending on the duty of care owed by the negligent party to the accident victim, regardless if the accident occurred at work, on someone’s property, in the hospital, on vacation, during a recreational outing, or in a motor vehicle, a lawyer will need evidence to build a strong claim proving fault.
Accidents were found to be the fourth leading cause of death in Georgia.
In Georgia, accidental deaths have been in fourth place on the Centers for Disease Control and Prevention data list from 20014-2017. While losing a loved one to an accident is unimaginable and very often the focus of large financial awards in court, surviving an accident with catastrophic physical, mental, and emotional injury, and subsequent property damage can cause lingering financial devastation to a family. An experienced accident lawyer can address those losses toward a comprehensive insurance settlement, or court award.
What types of accidents result in legal action toward fiscal recovery?
Medical malpractice, motor vehicle injury, personal injury, premises liability injury and worker’s on-the-job injuries might result in legal action in pursuit of economic, and non-economic damages in Georgia. Punitive damages may also be awarded in specific cases.
Motor vehicle.
Victims who have suffered loss from car accidents may have questions about how Georgia laws will affect property damage and personal injury claims when someone else was at fault. Under Georgia law, victims have the right to pursue compensation from insurance, whether they were a pedestrian, a cyclist, or riding in a vehicle when an accident occurred. If negligent acts, such as drunken driving, reckless driving, or distracted driving caused the accident, criminal charges may be filed by the state, in addition to a victim’s civil action for damages.
Georgia follows a “modified comparative negligence” rule when both parties are found to share blame for an accident, based on the 50% rule where a victim cannot recover compensation if they are 50% or more at fault from the accident. A claim must be filed within two years from the date of the accident in most cases, but guidance from a Georgia lawyer is recommended as there are variations, based on the other driver and damages.
Personal injury.
Under Georgia Code section 9-3-33, an accident victim has two years to file a case against injury, loss, or damages as a result of the action, or inaction of another, in order to recover compensation when fault and/or liability can be proven, and the victim was owed a duty of care.
Premises liability.
Individuals who have been hurt, or suffered loss on another person’s property may have a premises liability claim, if the loss was related to poor conditions on the property, improper maintenance, or upkeep of the property, including negative interactions with occupants and animals on the premises. The responsibility of the property owner depends on the standard of care owed to the injured person, based on the reason for their presence on the property. An invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of claims.
Medical malpractice.
O.C.G.A. TITLE 9 Chapter 3 Article 4 specifies timelines to follow regarding medical malpractice actions when an individual is injured while under the care of a health care provider. The statute of limitations is commonly within two years of the injury, or knowledge of the injury, except in specific cases where an attorney can offer professional guidance. Georgia does not place a limit on the economic damages a claimant may recover, but there is a cap on non-economic damages on a case-by-case analysis by the court. Punitive damages may be awarded, only if it is found that the injury complained of was maliciously intended, or was the result of willful, or wanton misconduct by a health care provider.
Workers’ compensation.
The Georgia State Board of Workers’ Compensation can be helpful for cases when a person becomes injured on the job, or contracts an illness that is job-related, they can make a worker’s compensation claim for monetary damages. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitious use of a body part, or a condition associated with the workplace environment itself.
Wrongful death.
A wrongful death legal action is a particular type of lawsuit that is brought by loved ones of someone who dies because of the negligent, reckless, or deliberate act of someone. Damages in these lawsuits can include:
- Medical bills and burial expenses
- Compensation for lost wages
- Compensation for the pain and suffering
- Punitive damages that are intended to punish the person who caused the death, on a case-by-case analysis.
Compensatory damages.
A victim can recover compensatory damages including:
- Economic damages for present and future loss of earnings, medical bills, future medical care, household expenses and
- Non-economic damages for pain and suffering, mental anguish and loss of consortium, or companionship.
An attorney can answer case-related questions regarding reasonable damages.
Punitive damages.
When a defendant’s actions are found to be intentional, and harmful, punitive damages may be awarded to punish them as a means to deter future similar acts. Georgia law allows punitive damages in some cases when harm and intent are proven.
Legal action after an accident.
Georgia accident victims should consult with an attorney after an accident. Legal counsel will be able to represent victims in court, objectively speak for them against an insurance company’s legal team and take steps toward a fair monetary award.
