Car accidents are very common, and most drivers try to make up for their losses through insurance. In many cases, insurance is unfortunately not enough, and an experienced lawyer may be necessary to help you.
Beginning a car accident case can be a long and complex process. While the case begins with a formal complaint against the defendant, preparing the complaint takes time and effort. Your lawyer can help you assess damages, hunt for evidence, and prepare your complaint. It is best to discuss your situation with a lawyer soon, as there is a tight 2-year deadline to file your case. Before we file your case, we need to evaluate your damages and determine what compensation you deserve. A lawyer can assist you in searching for evidence to support your claims for damages.
If you or someone close to you was recently injured in a vehicle collision, call our car accident attorneys at Howe Law at (844) 876-4357 for a free case review.
How to Begin a Car Accident Case in Kennesaw, GA
Speak to a lawyer about how your accident happened. Beginning a case can feel overwhelming since there is so much to do and prepare.
Many injured accident victims are not entirely sure how the crash occurred. Accidents are usually very sudden, and injured drivers might only have a vague recollection of the crash. In some cases, drivers recall driving down the road only to awaken in a hospital room or the back of an ambulance. A lawyer can help you figure out what happened and who is responsible.
If you and your attorney believe that another driver caused the accident, your attorney can help you file a case in court to get fair compensation. Before filing a lawsuit, injured drivers usually file insurance claims. Often, courts prefer to see plaintiffs exhaust their other legal options before filing a lawsuit. For some, insurance covers all their needs. For many others, it is not enough or unavailable.
Your lawsuit begins with a formal complaint. The complaint must contain very detailed and specific information about you, the other driver, how the accident happened, and your damages. Our car accident lawyers must provide evidence to back up these claims. Otherwise, the court may reject your complaint. While we do not need enough evidence to meet our burden of proof when we file the complaint, we need enough to show your claims have merit and warrant a trial.
How Long After a Car Crash Can I File a Lawsuit for Damages in Kennesaw, GA?
Getting your case ready to be filed can be a time-consuming endeavor. To make matters even more complicated, you must file your case before a certain deadline. The statute of limitations, under O.C.G.A. § 9-3-33, holds that personal injury plaintiffs have only 2 years to file their case in court.
Your time to file begins on the day of the accident. So, if you were hurt on June 1, 2023, you would have until June 1, 2025 to file your case in court. If you miss the deadline, you might lose your right to bring your cause of action and never get fair compensation.
Missing the deadline is an easy mistake to make. People often spend months recuperating after a car crash, and they might wait even longer before they eventually speak to a lawyer. Evidence might be harder to find by that time, adding even more time to your case. It is best to contact a lawyer as soon as possible after an accident to maximize your time.
How to Determine Recoverable Damages in a Kennesaw, GA Auto Accident Case
The financial costs of a car accident often include medical bills and the various expenses involved in getting treatment. Things like surgery, medication, X-rays, and mobility aids can be very costly. On top of that, you might spend a lot of money just to get to the hospital. If you live far from your doctor, you can claim the costs of gas, flights, lodgings, and food as part of your travel to get treatment.
Many people have a hard time getting back to their jobs after an accident. If you must take time off or leave your job entirely, you can claim your lost wages. This is particularly important for those who are out of work for a long time after an accident.
Your car is another major expense. Whether you must pay for expensive automotive repairs or a new vehicle, your costs should be compensated.
Next, determine how the accident has impacted you psychologically or emotionally. Were you diagnosed with conditions like depression or PTSD? If you were, testimony from your mental health doctor can help us prove how much you are suffering because of the crash. Even if you do not have a formal diagnosis, you can claim the loss of enjoyment of your life due to depression, fear, and anxiety stemming from the crash.
How a Lawyer Can Assist You in Finding Evidence for Your Kennesaw, GA Car Accident Case
One way to collect evidence is to return to the accident scene. For example, we can go back and photograph street signs, lights, and traffic lanes. We might use these photos to show a jury what the area looked like and how traffic was supposed to proceed.
While we can return to the crash site to look for helpful evidence, be prepared to be disappointed. In many cases, the authorities clean up crash scenes not long after the injured drivers are taken away for emergency medical treatment. If the police investigated the scene before clearing it away, we can consult the police report for more information.
Another option is to check the area for security cameras. A business or house near the crash site might have had security cameras that recorded your crash on video. Video evidence of the defendant causing the accident might be some of the strongest evidence we can get. We must act fast, as security camera videos are often deleted after a while.
Testimony from witnesses who were present during the accident is also important. Perhaps the driver behind you saw how the defendant crashed into you. If we can identify that driver, we can contact them and convince them to testify in court.
Your testimony is also extremely important. There are certain aspects of the case that only you can testify about. For example, only you can explain to a jury the significance of your non-economic damages like pain and suffering.
Contact Our Kennesaw, GA Car Accident Lawyers to Discuss Your Claims
If you have been injured in a vehicle crash, call our car accident lawyers at Howe Law at (844) 876-4357 for a confidential, free case evaluation.
