Car accidents that take place in Dalton might have life-long impacts on victims. If you were recently hurt in a collision, we can help you file a claim for compensatory damages.
When building your compensation claim in Dalton, our attorneys will start by establishing that the negligent party owed you a duty of care and breached it. We can accomplish this by obtaining eyewitness statements and surveillance footage that show the defendant’s negligent act taking place. We will also aim to prove that the breach of duty of care in question caused your specific injuries and damages. Doing this is crucial, as victims might not be able to recover full compensation for all losses due to a car crash otherwise. In order to have to opportunity to prove fault, you must bring your claim within the statute of limitations in Dalton, which is two years.
To get help with your case from the Dalton, GA car accident lawyers of Howe Law, call (844) 876-4357 now.
Establishing the Duty of Care in Your Dalton, GA Car Accident Claim
Of the four elements that must be established in order for victims to recover compensation for their damages following car accidents, proving that the defendant owed the plaintiff a duty of care and breached it will be important to focus on early on in their cases.
First, our car accident lawyers must prove that the defendant owed you a duty of care. This means that they had a responsibility to act with reasonable care when performing certain acts. When it comes to auto accidents, drivers owe a duty of care to others on the road, such as other drivers, pedestrians, bicyclists, and passengers. Drivers cannot act negligently, such as drive intoxicated, speed, run stoplights, or engage in other irresponsible activities, as doing so might cause an accident. By placing the negligent driver in their vehicle and at the accident site, which we can accomplish by presenting eyewitness statements and surveillance footage, we can prove that the defendant owed you a duty of care at the time of the crash.
Next, we must prove that the defendant acted negligently, breaching their duty of care. In some cases, the same evidence used to prove that the duty of care existed can also be used to prove that the duty of care was breached. For example, an eyewitness may be able to testify to the fact that the defendant made an illegal turn, resulting in the crash in question in Dalton.
Proving Causation and Damages in Your Dalton, GA Car Accident Claim
The next two elements of your compensation claim, causation and damages, must be approached properly. Proving causation can be difficult, but it is an essential aspect of your financial recovery in Dalton.
In addition to proving that the defendant owed you a duty of care and breached it, you must prove that the breach directly caused your injuries. This is the crucial link between the negligent act and your damages. By going to the hospital immediately after the collision, you can start building medical evidence that corroborates your claim. Our attorneys can also enlist help from experts who can use their experience to add further credence to your case and help prove causation.
Furthermore, we will have to show that you incurred real damages as a result of your injuries. To do this, we must submit a detailed account of all of your losses due to the car accident caused by the defendant. Proof of damages will include any records or documentation that shows your losses. For example, medical bills from your treatment can prove that you suffered medical damages. Proof of previous employment and paystubs can show your lost wages, which you can also recover compensation for in Dalton.
We will also aim to prove that you have incurred non-economic damages as a result of the accident. Georgia does not cap compensation for pain and suffering, which bodes well for victims, especially those who sustain serious and life-altering injuries in auto accidents.
Importance of Proving the Defendant’s Fault for a Car Accident in Dalton, GA
Because Georgia is a modified comparative fault state regarding injury cases, victims must prove that the defendant is at fault for their damages and that they did not contribute to their injuries in any way.
According to O.C.G.A. § 51-12-33, victims who share fault for their damages will see their compensation reduced in proportion to their percentage of negligence. For example, if you were driving over the speed limit at the time of your crash, but the other driver attempted to merge into your lane when doing so would be dangerous, you might be found to be partially negligent. Because of this, your damages might be diminished, preventing you from recovering compensation for all of your losses. Despite that, victims can still sue, so long as they are not more than 50% to blame for their injuries.
Time Limit on Suing for a Car Accident in Dalton, GA
When considering the timeline of your case, it will be important to remain aware of the filing deadline, as missing it could prohibit you from recovering any kind of compensation in Dalton.
O.C.G.A. § 9-3-33 clearly dictates that victims of auto accidents or other personal injury accidents in Georgia have just two years to sue for compensation. Although two years can initially seem like an ample amount of time to file a lawsuit, victims might lose track of time when recovering from their injuries and reeling from the aftermath of a collision. While that is understandable, our attorneys will ensure that you bring your claim before the window closes so that you are not barred from recovery.
Call Our Dalton, GA Lawyers About Your Auto Accident Today
You can call Howe Law at (844) 876-4357 to discuss your case for free with our Atlanta car accident lawyers today.