If you were injured in a recent side-impact auto collision, you may be able to recover compensation for your injuries. When a T-bone collision is caused by someone else’s failure to comply with their legal duty of care, the negligent driver may be found at fault for any damages they cause. A Johns Creek side-impact car accident lawyer could review your case and discuss whether you may be entitled to compensation.
A qualified car accident attorney could help you build a strong claim for damages and submit it to the at-fault driver’s insurance company. A lawyer with a thorough understanding of the state’s personal injury laws can fight hard for your legal rights and aggressively pursue all compensation you may be owed.
Determining Fault in a Side-Impact Auto Collision
Most side-impact car crash lawsuits are rely on the legal concept of negligence. The negligence doctrine contains the following four elements:
- A legal duty
- A breach of duty
All drivers have a legal duty to others on the road to use reasonable care behind the while to prevent foreseeable harm. If a driver breaches that duty and causes an accident that injures someone, they can be held liable for any damages sustained by the injured parties.
In some side-impact car accidents, multiple parties, including the injured claimant, may be found at fault. When this happens, the court could still grant a partial award of damages to the injured party, minus their percentage of negligence. For example, if the injured party is 20 percent at fault for the crash, they can still recover 80 percent of their total damages.
However, Georgia law states that if the claimant is 50 percent or more negligent, they are no longer entitled to compensation. A lawyer in Johns Creek could help someone injured in a side-impact car collision better understand these rules and discuss how any assignment of fault could affect their financial award.
Johns Creek Side-Impact Car Accident Damages
The court may grant a range of damages in a side-impact car accident claim. Compensation for someone’s general losses, such as pain and suffering, may be included in their civil award of damages. The injured party could also claim compensation for their lost income, hospital expenses, therapy bills, and other specific economic losses. A Johns Creek T-bone collision attorney may also be able to claim punitive damages if the defendant’s behavior was malicious or otherwise egregious.
Statute of Limitations in Johns Creek
Official Code of Georgia Annotated § 9-3-33 outlines a two year filing period during which an injured party can commence a civil lawsuit to recover their damages. If the injured party tries to start a lawsuit after this deadline has passed, their claim would be deemed invalid by the court, and they may be unable to recover any compensation for their losses.
Talk with a Johns Creek Side-Impact Car Accident Attorney About Your Claim
If you have questions about getting a claim filed or how to best recover your damages, a Johns Creek side-impact car accident lawyer could help. An attorney could evaluate your prospective claim and advise you about what legal recovery may be possible. Call now to arrange your confidential case review.