Whether it occurs in a crowded parking lot, at an intersection packed with commuters, or at high speeds on an interstate highway, a car accident can turn your life completely upside-down in a matter of moments. Expensive medical bills, property damage, and physical and emotional scars that may take months or years to heal can all affect your future plans, especially if your accident results in permanent disability or disfigurement.
If you need assistance recovering financially after a wreck caused by another driver, you should strongly consider reaching out to a Cherokee County car accident lawyer. Once retained, your dedicated personal injury attorney could provide the guidance and support you need to seek a positive resolution to your settlement demand or civil lawsuit.
How Long Does Someone Have to File Suit?
The deadlines applicable to insurance claims following car accidents will be different depending on the specific insurance companies and policies involved. The general rule of thumb is that those injured in accidents must notify their providers as soon as possible in order for their claim to remain valid. Conversely, state law establishes a specific and strict deadline for personal injury cases based on auto accidents.
According to Official Code of Georgia § 9-3-33, anyone who wants to file a lawsuit against someone else for car accident injuries must do so within two years of discovering their injuries, regardless of how severe the consequences of those injuries are. There are few exceptions to this deadline, so working with a skilled Cherokee County car accident attorney to construct a case within this time limit is essential to securing compensation following a severe crash.
Establishing Liability for Car Accident Injuries
To hold someone else civilly liable for a car wreck, an injured person must be able to prove that several things are true. This includes proving that the allegedly at-fault driver owed a duty of care to them, breached that duty, directly caused the accident in question through that breach, and directly caused them to suffer compensable damages through that accident. These four elements make up the definition of “legal negligence,” and proving that someone else was legally negligent allows an injured party to hold the negligent party accountable for damages.
However, individuals who get hurt in car accidents could be found partially or primarily to blame for that incident, in which case the court hearing their claim could restrict them from recovering for the full value of their losses. According to O.C.G.A. § 51-12-33, courts can reduce a plaintiff’s final damage award by their percentage of fault for their accident, and O.C.G.A. § 51-11-7 goes even further by barring plaintiffs found 50 percent or more to blame for their own damages from recovering anything at all. Once again, assistance from a car crash lawyer in Cherokee County may be crucial to ensuring this modified comparative fault system does not prevent a plaintiff from getting the recovery they need.
Seek Help from a Cherokee County Car Accident Attorney Today
Getting caught up in an auto accident can be a harrowing experience even if you are ultimately able to recover completely from your injuries and losses. If someone else’s negligence causes you to sustain long-term or permanent harm, it may be even more important for you to explore your legal options and proactively seek compensation for your damages.
Talking to a Cherokee County car accident lawyer could be a crucial first step on your path towards effective civil recovery. Schedule a confidential meeting by calling us today.