As the victim of a recent auto accident in Martinez, you have the right to pursue compensation by filing a lawsuit against the negligent driver responsible for your injuries.
There are several major roads in Martinez, like Georgia State Road 28 and Interstate 20, that are common locations for auto accidents. Regardless of the location of your collision, you can sue for damages if you were injured because of another driver’s negligence. Begin creating documentation of the crash by reporting the incident to law enforcement. Then, get any necessary medical treatment, whatever that might entail. After you bring your claim, negotiations or a trial might follow. Taking time to review any settlement offers from the defendant will be necessary to ensure they are fair. Compensation in these cases varies and is awarded based on the victim’s specific losses as well as their pain and suffering.
You can reach Howe Law to set up a free case assessment from our Augusta, GA car accident lawyers by calling (844) 876-4357 today.
Top Locations for Car Accidents in Martinez, GA
Despite the fact that auto accidents might take place anywhere, they tend to happen in specific areas more often than others in Martinez. These include highways and intersections.
Because Martinez is a small census-designated area, there are only a few major roads that present the risk of a serious accident. These include Georgia State Road 28, Washington Road, and Interstate 20. State Road 28 and Washington Road intersect, making this spot dangerous, especially if frustrated drivers attempt to make a stoplight before it turns red.
Smaller roads and other intersections in Martinez are also common locations for motor vehicle accidents. Merging onto or off a highway can also present the risk of an accident, especially if a negligent driver attempts to merge quickly and recklessly to make an exit.
According to data from the Georgia Department of Transportation, there were 4,267 auto accidents in Columbia County in 2021, where Martinez is situated. Of those accidents, nine resulted in fatalities, and 37 resulted in suspected serious injury.
When to Sue for a Car Accident in Martinez, GA
If you were injured because of a car crash in Martinez, you may be able to file a lawsuit to recover compensation for your damages. If you plan to file, do so quickly so that you do not run the risk of missing the deadline for auto injury claims in Georgia.
As dictated by O.C.G.A. § 9-3-33, car accident victims in Martinez only have two years to sue for injury. Generally, tolling of the statute of limitations does not apply to auto accident claims, as victims should have reasonably discovered their injuries soon after the accident took place. In rare situations, victims might receive tolling for delayed discovery. They should not assume, however, that they will be granted a filing extension, as doing so might make victims unable to sue for injury. There is also tolling for minor victims, allowing them to file injury lawsuits against negligent drivers within two years of their 18th birthdays in Georgia.
While ensuring you file your claim quickly is important so that you do not miss the statute of limitations, so is waiting long enough to have a good understanding of your diagnosed injuries and incurred damages. If you file too soon, you might not have sufficient proof of damages, making it harder for you to recover compensation in Martinez.
Reporting Your Martinez, GA Car Accident to the Police
Regardless of the admissibility of police reports in auto injury claims in Martinez, reporting accidents to law enforcement is important and required by law in some instances.
According to O.C.G.A. § 40-6-273, law enforcement must be notified of all motor vehicle accidents that cause injury, death, or more than $500 in property damage in Georgia. Victims can meet the necessary reporting requirements by calling 911. After police officers from the Columbia County Sheriff’s Office get to the accident location, speak with them. Give them all the necessary information about the accident, like its cause, and point out any involved parties. Do not talk to the negligent driver more than is necessary. Feel free to get eyewitnesses’ names and phone numbers so that our attorneys can contact them for their statements in the future.
Our car accident lawyers can help you obtain the police report for your accident in the days that follow the crash. These reports are typically made available after they are completed and checked for accuracy, usually within a few business days of a collision. Car accident reports might be accessible online or in person.
Medical Treatment for Common Car Accident Injuries in Martinez, GA
Because car accident injuries can vary so dramatically from case to case, so might the medical treatment victims need following a crash in Martinez. Regardless of the details of your specific treatment plan, you will likely incur medical damages.
The first type of care you should receive following an auto accident in Martinez is that from emergency medical professionals. Accept care from paramedics at the scene and allow them to take you to the closest hospital. Once you arrive at the emergency room, you will be treated by medical professionals as they assess your injuries. After you are diagnosed, you might be referred to specialists capable of overseeing your long-term treatment.
Often, victims of car accidents require various tests, including CT scans and MRIs, especially if a head injury is suspected. Internal injuries or other injuries might call for immediate surgery. Victims might require casts for broken bones, as well as physical therapy and other medical interventions. It is important to get all required care from doctors, as doing so can result in medical evidence that we can use when building your claim. Failing to maintain all scheduled visits with doctors or adhering to your treatment plan might harm your case in the future.
Estimating the Length of Your Car Accident Case in Martinez, GA
A main deterrent to filing a lawsuit is the amount of time and energy they require. Our lawyers will focus on handling the major aspects of your case so that you can prioritize your physical recovery in Martinez.
All lawsuits have different facts, meaning all take different amounts of time to complete. That said, there are some indicators, such as the available evidence and the scope of the victim’s damages, that we can refer to when estimating the length of a case. For example, if the circumstances of the accident are clear and there is ample evidence to support the victim’s claim, the defendant might want to settle quickly. Even if that is the case, it will be important to review any offers that come in so that we can verify their fairness.
Settlement negotiations and trials can take similar amounts of time to complete in Martinez. A trial itself might take only a few days or weeks, but waiting for your case to reach the court docket might take several weeks or months. Regardless of the length of your car accident case, we can handle the various filings and daily communications so that your main priority can be your health. This can result in a smooth recovery process for victims, no matter how long it might take them to claim their deserved damages.
Negotiating a Settlement for Your Car Accident in Martinez, GA
Often, negligent drivers and their insurance companies are eager to settle car accident cases out of court. As the victim, it is important to determine whether or not a settlement offer is fair to you before accepting it in Martinez.
Settlement negotiations are often confusing and overwhelming for victims. Our car accident attorneys will carefully oversee and facilitate these discussions to ensure that they progress as smoothly as possible.
If you are offered a settlement, we will carefully compare it to your total damages to see if it adequately compensates you. If the offer does not meet your standards, as most initial offers do not, we can present a counteroffer. When negligent drivers want to settle fast, it is often because they do not want to take their chances at trial. This presents the opportunity for fast-tracked negotiations, which might bode well for you, especially if you require compensation immediately. All of that said, you should not accept a settlement offer that is unfair or not reflective of your total damages just because you want some form of compensation immediately.
Proving Negligence in a Martinez, GA Car Accident Case
In the event that your car accident case goes to trial in Martinez, we can submit evidence of fault that meets the burden of proof against the defendant.
Proving fault requires victims to establish four crucial elements. The first is that the defendant owed you a duty of care. Suppose the defendant was driving their vehicle at the time of the accident. In that case, that means they owed you a duty of care as another driver on the road to operate their vehicle responsibly and in accordance with local traffic laws.
Next, we will have to show that the defendant breached their duty of care and acted negligently. We can do this using eyewitness statements and other evidence, such as video footage from surveillance cameras. The third element of an injury claim is causation. This means that we have to prove that the defendant’s breach of duty of care, also known as their negligent act, directly caused your injuries. So, it is not enough to prove, for example, that the defendant was intoxicated during the crash. Instead, you must prove that their intoxication is what caused the accident and your injuries in Martinez.
Finally, all victims have to prove that they incurred damages as a result of a defendant’s negligent act. We can do this by submitting proof of your various damages to the jury in your case.
Comparative Fault and Car Accident Lawsuits in Martinez, GA
Part of proving the defendant’s fault is to show that you did not contribute to your injuries. This is necessary in order for you to ensure you get all the damages available in your case.
According to O.C.G.A. § 51-12-33(a), a victim’s negligence is considered during the awarding of damages. If the jury finds that the plaintiff also acted negligently, albeit to a lesser degree than the defendant, the plaintiff can still recover compensation, but their damages will be reduced according to their proportion of fault.
So, suppose you are found to be 25% at-fault for your accident and your total damages add up to $100,000. This means that your award could be reduced by 25%, compensating you for only 75% of your damages. Anticipating the possible complications of comparative fault laws and finding ways around them may be important for your car accident case in Martinez.
Recovering Economic and Non-Economic Damages for a Car Accident in Martinez, GA
When car accident cases go to trial in Martinez, compensation is awarded by a jury. If you are able to submit sufficient proof of your economic and non-economic damages, you may recover damages for all of those cited losses.
Recovering economic damages may be as simple as proving the defendant’s fault for your injuries and submitting documentation of your financial losses. Because you will likely receive a bill or invoice for most expenses related to your injuries, you can keep those documents as proof of your losses. After proving you have missed out on income because of the injuries you sustained, our car accident lawyers can submit employment records and past paystubs to calculate your lost wages.
Getting non-economic damages is not as straightforward of a task. Such damages can be calculated using different methods, such as the per diem and multiplier methods. Either equation can be used to estimate your losses due to pain and suffering. Georgia does not limit recovery of economic or non-economic damages for victims of motor vehicle accidents in Martinez.
Compensation might be paid via one lump sum payment or through structured payments, depending on the defendant’s financial ability and other factors.
Call Our Martinez, GA Lawyers About Your Auto Accident Case Today
Call the car accident lawyers of Howe Law at (844) 876-4357 for a free case analysis.
