Car accidents tend to happen when drivers least expect them, so safety precautions must always be followed. If you were hurt in an accident, an attorney can help you file a lawsuit against the responsible driver.
There are probably infinite ways in which a car accident could happen, although a few are more common than others. Distracted driving, drunk driving, and traffic violations are common causes of accidents. Liability is often determined by negligence. In many cases, one other driver is negligent and may be held liable. In other cases, multiple drivers share negligence and can be sued. You might also sue a driver’s employer for their on-the-job negligence, depending on the circumstances. The purpose of a lawsuit is to recover damages. In a car accident case, you can recover special, general, and punitive damages. You must have strong evidence proving the defendant was negligent to get compensation for your damages.
Our car accident lawyers can help you determine who should be held liable for your crash. Contact our team for a free review of your case. Call Howe Law at (844) 876-4357.
When to Start Your Claim for Damages After a Car Accident in Valdosta, GA
While you should take your time to evaluate all your legal options with an attorney, you should also be mindful of important deadlines. A civil claim must be filed before the statute of limitations expires. Different types of claims may adhere to different statutes of limitations. A car accident is generally considered a personal injury claim and must be filed within 2 years, according to O.C.G.A. § 9-3-33.
This is a tighter deadline than it may initially seem to be. When preparing a claim, our car accident attorneys must assess the accident, evaluate your damages, gather evidence, and start developing legal strategies. All of this takes time. You might spend several months or more just getting your case ready to be filed. As such, it is best to meet with a lawyer and get started as quickly as possible.
If you miss the deadline to file your claim, you might lose your right to sue altogether. In very specific circumstances, plaintiffs can have the statute of limitations tolled, and they might have extra time to file. For example, if you were a minor when the accident happened, you can have the statute of limitations tolled until you turn 18. Alternatively, you can have the statute tolled if you are under a legal disability that stops you from filing or prevents you from understanding your legal rights.
Do not hesitate to reach out to a lawyer. People often try to handle an insurance claim alone before they become overwhelmed and turn to an attorney. Even if you are unsure of what you want to do, a lawyer can help you decide.
Common Causes of Car Accidents in Valdosta, GA
Anyone who has ever driven on the road knows car accidents can come out of nowhere. There are some common causes of car accidents to always be wary of. Even so, sometimes accidents happen no matter how cautious you are because other drivers are negligent. Our car accident attorneys can help you determine how your accident happened and how to hold negligent drivers liable.
Distracted driving is one of the leading causes of car crashes in Georgia and the entire country. Drivers must maintain their focus on the road and traffic to remain safe. When drivers are distracted, often by things in their vehicle, they might cause a crash. Cell phones are perhaps one of the biggest contributing factors to distracted driving.
Intoxicated driving is another common cause of accidents and is not only likely to cause a serious crash but is also a criminal offense. Alcohol is a significant factor in many intoxicated driving accidents. However, negligent drivers are also sometimes intoxicated with controlled substances.
Drivers on the road must obey the traffic laws, and traffic violations often lead to serious collisions. For example, failing to stop at a red light might lead to a severe crash in the middle of an intersection. If the other driver is speeding dangerously, they might be unable to stop if you pull out in front of them. Things like traffic citations can be used to help you prove the other driver was negligent.
Liability in Car Accident Lawsuits in Valdosta, GA
Determining who should be held liable in a car accident lawsuit is not always easy. When multiple drivers are involved, or if the other driver fled the scene, it might be difficult to know who you should sue. Our lawyers can help you figure out who is liable and how to sue them.
A lot of car accidents happen between two drivers, and it is easier to identify the defendant in these kinds of collisions. For example, if one other driver rear-ends you, causing severe whiplash and damage to your bumper, you can sue that driver and hold them liable.
Liability becomes harder to determine when multiple drivers are involved. Take the rear-ending example from before. Suppose the first driver rear-ended you, causing severe whiplash and pushing your vehicle into a busy intersection when they hit you. Next, suppose another vehicle sped through the intersection and T-boned your car. In that case, one or both other drivers might be liable.
If the defendant was working at the time of the accident, you might be able to sue their employer. Our team can help you hold employers vicariously liable for the negligent actions of employees. For example, if a pizza delivery driver hit you while they were out making deliveries, you might be able to sue them and the pizza place that hired them.
Damages You Can Claim in Valdosta, GA Car Accidents
Your damages are the heart of your case and perhaps the biggest reason we file the case in the first place. Car accidents are not only dangerous, but they are also very expensive. Injured accident victims need help covering all the losses and injuries sustained in a crash, and filing a lawsuit is sometimes the only way to cover these damages.
Special Damages are the financial losses you incurred after the accident. Medical bills, the cost to repair or replace your vehicle, and lost income from being too injured to work are all considered special damages. Our car accident lawyers can help you add up these damages so you do not miss out on any valuable compensation.
General damages can be trickier to calculate because they do not relate to actual money lost due to the car accident. Instead, general damages encompass your subjective experiences surrounding the car accident. Mental and physical pain and suffering, humiliation, and damage to your reputation are just a few examples of general damages.
Punitive damages are more unusual and tend to be available only when defendants acted with gross negligence. Under Georgia Code § 51-12.501(b), punitive damages are available only if the defendant’s action were so negligent as to constitute malice, willful misconduct, fraud, oppression, wantonness, or such a lack of care or regard to be conscious indifference.
Possible Limitations on Damages in a Valdosta, GA Car Accident Case
While damages may be high in some cases, they are not unlimited. Under certain circumstances, your damages award might be restricted, and you should consult an attorney about how to maximize your compensation. While Georgia has no cap on economic or non-economic damages, there is a limit on punitive damages, at least in some cases.
Economic damages are not capped by statute, but that does not mean they are totally unlimited. Your economic damages cannot exceed your actual expenses from the car accident. If the accident cost you $75,000 in total, your economic damages may not be more than that.
Non-economic damages are trickier because they do not actually cost money in many cases and are very subjective. As such, the jury might decide they are worth a lot or a little. Like economic damages, your non-economci damages are not capped by statute. Even so, they must be reasonable and proportional to the case. An overly excessive award of non-economic damages might draw ire from the court, and the judge might reduce it.
Punitive damages are limited in certain circumstances. According to O.C.G.A. § 51-12-5.1(g), unless otherwise specified, punitive damages are limited to $250,000. Cases where punitive damages are not capped include product liability claims, cases involving intentional acts of harm, and cases where the defendant caused harm while under the influence of drugs or alcohol.
How to Get Fair Compensation for a Valdosta, GA Car Accident
It is important to speak to an attorney about your case because you might have numerous legal options for compensation. While people often file insurance claims for car accidents, your options do not end there. If insurance is not enough or unavailable, our car accident lawyers can help you file a lawsuit and go to court or possibly reach a private settlement agreement with the other driver.
A big reason that many people pursue lawsuits is because insurance does not pan out the way they want. Perhaps you could not find enough evidence to prove to the insurance company that the other driver is at fault. Maybe you had difficulty showing how much your damages are worth, so you were offered a paltry amount of compensation from the insurance company. Still, you might have successfully proved your claim, but the other driver’s insurance policy was very limited and inadequate to cover all your damages.
A lawsuit might help you recover the full extent of your damages without the limitations or restrictions of an insurance policy. Insurance policies often only cover certain types of damages, like medical bills and vehicle repairs. Damages like pain and suffering are often not provided for. In a lawsuit, all damages are on the table.
Evidence to Support Your Claims in a Valdosta, GA Car Accident Case
Holding the other driver liable for their negligence and getting them to cover your damages is almost impossible without evidence. Drivers snap photos and record videos of their cars and the surrounding areas to submit to insurance companies as part of insurance claims. These recordings might preserve important details from the crash site lost when law enforcement clears the scene away. If you took some photos of your accident, our attorneys can review them with you for useful information and evidence.
Witnesses are extremely important to your case as they may shed light on the situation from a new perspective. Witnesses who saw the crash happen while in other vehicles or from the side of the road can testify about what they saw. Even if someone did not see the accident, they might have first-hand knowledge about the defendant. For example, suppose the defendant was drunk but never submitted to chemical testing when the accident happened. In that case, a witness who saw the defendant drinking heavily shortly before the crash can testify.
Do I Need a Lawyer for My Valdosta, GA Car Accident Case?
You might be considering handling your case entirely on your own. This might appeal to those afraid of incurring high legal fees on top of their already mounting debts from the accident. However, taking on your case without legal representation or counsel is unwise. The judicial process is known for being complicated and time-consuming, and your attorney should have the experience and skills to see you through to the end.
Simply starting a claim is challenging. Your attorney can help you prepare the legal complaint that initiates the case. The complaint must contain very specific details. Identifying information about you and the defendant is a must. You must also include details about how the accident happened, your damages, and what kind of evidence you have to support your claims. Preparing the complaint alone is not easy, and you should call a lawyer.
An attorney can also go to bat for you when you are dealing with insurance companies. Insurance is not known for being friendly to claimants. The insurance company might try to give you a low-ball offer. They might even try to deny your claim on flimsy or even unlawful grounds. Your attorney can help you protect yourself and your legal interests when dealing with insurance.
On top of all that, you might have trouble beginning a case while you are still recovering from your injuries. A lawyer can do the legal heavy lifting while you rest and recover.
Contact Our Valdosta, GA Car Accident Lawyers for a Free Case Evaluation
You can talk to our car accident attorneys about your crash in a free case review. Call Howe Law at (844) 876-4357 for help today.
