Nothing is as frightening as getting injured in a car accident in Atlanta that wasn’t your fault. Atlanta is a busy city with roads jammed with vehicles around the clock, and unfortunately, traffic accidents happen all the time. In the immediate aftermath, you should focus on your recovery, but we understand that you are also concerned about the losses you incurred because of the mishap. The first step after seeking medical care is to contact an attorney – someone who specializes in personal injury law. You can click here to schedule a free consultation with a top injury lawyer. For your help, here is a look at the fundamental laws in Georgia.
Georgia is a fault state
Like the majority of other states, Georgia follows a standard fault-based system for car accidents. The driver who caused the mishap is also responsible for all losses, injuries, and suffering endured by others. You have two options to recover a settlement – you can either file an insurance claim with the other driver’s insurer or can directly file a civil lawsuit against them. The damages you can recover in Georgia include –
- Cost of medical care for your injuries
- Future treatment costs, if any
- Pain and suffering
- Lost income
- Other economic losses
- Vehicle damage
Reviewing the Statute of Limitations
The Statute of Limitations gives deadlines for filing a lawsuit following an accident. If you want to file a personal injury lawsuit, you must file the case within two years from the time of the accident. If your claim is just about vehicle or property damage, the deadline is four years. When someone is killed in a road rash accident, the family can file a wrongful death lawsuit, for which the time cap is two years.
Reviewing comparative negligence in Georgia
In many situations, more than one party is responsible for the accident, and states have different laws with regard to comparative negligence. Georgia follows the modified comparative negligence rule. You can only file a lawsuit against the driver when your fault percentage doesn’t exceed theirs. Your settlement, if you win, will be adjusted proportionately as per your role in the accident.
We understand that these laws are not always easy to comprehend, which is precisely why hiring an accident lawyer is a wise idea. Check online for law firms in Atlanta and meet a few lawyers to decide the best course for your injury claim. The first consultation is always FREE.