Car accidents happen almost every day and are among the most commonly filed civil claims. While insurance can be helpful, you might need to speak to an attorney about taking your claims to court.
A car accident case begins with a formal complaint filed with the courts. The complaint is more than just a legal document. It contains nearly all the details of your case and takes a long time to prepare. We need information about the accident, evidence, and your damages just to begin the case. Your case might be worth more than you think. Between damages for medical bills, property damage, emotional distress, and other injuries or losses, a large amount of compensation might be on the line. It might be tempting to handle your case on your own, but an attorney can help you prepare the case and get it through the judicial system more efficiently. This is an important consideration, as completing your case might take a few months or even years.
Speak to our Atlanta car accident lawyers at Howe Law for a free evaluation of your case by calling (844) 876-4357.
How to File a Car Accident Case in Sugar Hill, GA
Filing a civil lawsuit is usually far from easy. Preparing a motorcycle accident case takes a lot of time and effort, and you need a skilled lawyer’s assistance. All civil cases begin with a formal complaint filed with the courts. The complaint is important not only because it kickstarts your case but also because it sets the tone for the rest of your case.
Drafting the complaint is perhaps the hardest part of your case, at least at the beginning. This is not just mere paperwork. The complaint must contain very specific information about your case, and compiling this information takes time. First, we need to provide as much information about your accident and how it happened as possible. The accident must be explained in your complaint with thorough and specific details that leave very few gaps.
Our car accident lawyers must also provide information about your damages. Even though damages are not awarded until the end of a trial, they must be figured out early and included in your complaint. If certain damages are overlooked by accident, they might not be considered by the court or jury, and you could lose valuable compensation.
We also need to include some evidence in your complaint. Without evidence, your complaint may be nothing more than a long list of baseless accusations. Courts are not keen to entertain complaints without any supporting evidence. We do not need to provide enough evidence to prove your claims completely, but we need at least enough to show your claims have legal merit.
What is Your Car Accident Case Worth in Sugar Hill, GA
One question that tends to come up when plaintiffs begin a civil claim is how much their case is worth. The answer to this question varies from case to case, but a car accident case might be worth considerable compensation. Much of your damages may come from the actual money spent as a direct result of the crash. Other damages might be more subjective and based on personal experiences rather than money.
Compensatory Damages
Compensatory damages are awarded to place the plaintiff back in the same financial position they were in prior to the accident. While many aspects of compensatory damages are based on the money you spend, other damages are unrelated to money.
Some of the most commonly claimed economic damages include medical expenses, property damage, and lost income. After an injury, you will likely need medical treatment and pay hefty hospital bills. On top of that, your injuries might prevent you from going back to work, and you might lose valuable income. Depending on how your accident happened, you might have lost personal belongings and property, like in a car accident. These costs and others may be claimed among your many damages.
Non-economic damages are based on painful experiences that do not necessarily cost the plaintiff money. Your physical pain, emotional distress, humiliation, and even damage to your personal or professional reputation might be significant. These experiences are unrelated to money, but courts usually have no other way of compensating for these damages. We can work to prove your claims to a jury so you get the maximum compensation possible.
Punitive Damages
In rare cases, punitive damages might be available. These damages are awarded to punish defendants when their behavior is especially egregious. According to O.C.G.A. § 51-12-5.1(b), these damages are only available if we can prove by clear and convincing evidence that the defendant acted with fraud, malice, willful misconduct, oppression, wantonness, or that they lacked such care as to raise a presumption of conscious indifference to the consequences of their behavior.
Proving these damages is difficult. Proof by clear and convincing evidence is a very high burden to meet. As such, these damages tend to be rare. If they are awarded, punitive damages are capped at $250,000. However, if the case is based on product liability (e.g., your car accident was the result of defective brakes), there is no cap.
How Much Time is Required for a Car Accident Case in Sugar Hill, GA?
Your time to file a case may be running short, and you should contact an attorney quickly. The statute of limitations is only 2 years under O.C.G.A. § 9-3-33. This means you have a mere 2 years from the day of your car accident to file your claims with the courts. If we miss this deadline, you might lose your right to bring your cause of action at all.
Once your case is filed, the time it takes to complete may vary based on your unique circumstances. How complicated is the accident? Cases involving complex facts and law usually take a bit longer to complete. For example, cases involving multiple drivers who are all pointing the finger of blame at each other tend to be more complicated.
Cases where the defendant disputes more of your claims also tend to take longer. Sometimes, defendants are more willing to admit their wrongdoing and want to come to a more reasonable resolution. Other times, they dispute everything the plaintiff says, we must work harder and longer to prove your case.
Call Our Sugar Hill, GA Car Accident Lawyers to Discuss Your Claims
Speak to our Athens, GA car accident lawyers at Howe Law for a free evaluation of your case by calling (844) 876-4357.
