Even the best drivers can end up in car accidents. Every year, hundreds of serious car crashes and collisions are reported in Georgia. If you ever get injured in such an unfortunate accident because of someone’s negligence, you may have the scope to file a personal injury lawsuit. That’s because Georgia is an at-fault state. Also, it’s wise to have an Atlanta personal injury attorney on your side, so that you can maximize your settlement. In this post, we are sharing more on what you must know about car accident laws in Georgia.
About statute of limitations
After a car accident, you can file a lawsuit against the at-fault driver within a limited time only. Every state has its own statute of limitations, which determines that deadline. In Georgia, the statute of limitations allows two years to file a personal injury lawsuit after an accident. The count starts from the date of the accident. If someone has lost their life in an accident, the immediate family can file a wrongful death lawsuit within 2 years. The count, however, starts from the date of death, which may not be the same as the date of accident. If you wish to just file a lawsuit to seek compensation for property damage, you have a deadline of four years.
Understanding modified comparative negligence
Georgia follows the modified comparative negligence rule, like many other states. In case of modified comparative negligence, a party can file a personal injury lawsuit for their losses, even if they have a share of fault. However, if the share of fault is more than 50%, they cannot recover anything at all.
Do you need an injury attorney?
There is no law that requires you to hire an injury attorney for your case. However, without a lawyer on your side, you may have a hard time dealing with the insurance claims adjuster. While most car accident cases are settled outside of court, the matter may end up in trial, for which the experience of your personal injury attorney is highly important. A skilled attorney knows how to maximize the compensation, and they can offer a fair idea of what to expect from your case. They can take care of the claims process and file a lawsuit, if need be.
Following the car accident in Georgia, do not wait for long to contact an attorney. You need to know your options and how you can get a fair settlement.
