Car accidents happen every day in Hinesville, and the consequences can be dire. If you were involved in a car accident you didn’t cause, it’s best to contact an attorney as soon as you can. You are likely entitled to financial recovery for your costs, but it’s important to act quickly and build up the strongest case possible. That’s where a Hinesville car accident lawyer can help.
At John Foy & Associates, we can guide you through every step of the insurance claim process. We’re also here to hold the insurance company accountable so they don’t convince you to accept a settlement much lower than you deserve. For a FREE consultation with one of our experienced and compassionate Hinesville car accident lawyers, call us today at 404-620-6012
Hundreds of traffic accidents occur every day due to inadequacies in driver training, defects caused by roads, and non-compliance with traffic rules, and material and moral injuries caused by these accidents increase day by day. Traffic accidents can often result in organ or limb injuries or losses, and in some cases may result in death. Lawsuits for compensation of material and moral damages resulting from traffic accidents constitute one of the most common legal problems in our country. In this case, the indemnity of the injured person or the heirs in the event of his death arises from the obligation to open a lawsuit for compensation in order to compensate the damage. In this article, I will refer to the financial and moral compensation case arising from traffic accidents.
Who can sue for pecuniary and non-pecuniary damages : There is a dual distinction in this respect. If the survivor of a traffic accident is alive, the debts may personally bring material and non-pecuniary damages in accordance with Articles 41, 45 and 47 of the Law. If the victim has passed away, his / her relatives, mother, father, children, spouse, siblings, fiancées, persons under care and support have the right to sue for damages.
In the event of a traffic accident, the material and non-pecuniary damages lawsuit is filed against: The driver of the vehicle, the owner of the vehicle, the owner of the vehicle and the insurance company may be sued for pecuniary and non-pecuniary damages.
What is the time to file a lawsuit in traffic accidents : The time period stipulated in the law to file a lawsuit for compensation of material and moral damages caused by traffic accidents is 2 years from the date the victim has learned the damage and perpetrator. This period is stipulated as 2 years in Article 72 of the Turkish Code of Obligations. Persons who will sue for damages by accident are obliged to sue within this two-year period. In any case, the right to file a lawsuit expires after 10 years have passed since the date of the accident.
There is one exception here. If a crime has been committed due to a traffic accident, the statute of limitations shall also apply. If there is injury in a traffic accident, the crime of injury by negligence, if there is death, the crime of killing by negligence occurs. If there is death or injury as a result of a traffic decision, it is the time period for opening the material and non-pecuniary damages, whatever the statute of limitations foreseen in the criminal law. In other words, if a longer period of time is envisaged in the criminal laws for these offenses, the time for filing a compensation lawsuit extends to the longer period of time regulated in the criminal laws. If a statute of limitations arises from an act requiring a punishment, this statute of limitations shall apply ”.
Fatal Traffic Accidents
Article 53 of the Code of Obligations encompasses the damages required for compensation in case of death as a result of a traffic accident. Compensation that may be requested by the persons concerned as a result of a fatal traffic accident; non-pecuniary damage , compensation for deprivation of support, funeral and burial expenses, treatment and hospital expenses (if treated for a while before dying);
How Can a Hinesville Car Accident Lawyer Help Me Win My Claim?
Dealing with the insurance company and personal injury laws after a car accident is no easy feat. Most car accident victims have little to no experience with this process, and it can be hard to know where to turn first. But when you have a lawyer on your side, you’re no longer alone.
Here are some ways a car accident lawyer can help you with your claim in Hinesville.
Communicating Directly with the Insurance Company
As soon as you begin working with your attorney, they will let the other driver’s insurance company know they’re representing you. This is significant because insurance companies are known for using sneaky tactics to get you to accept less money. They know this is a stressful time for any car accident victim because knowing how to proceed can be confusing.
Right after the accident, the insurance company may try contacting you by phone to offer a lowball upfront settlement, hoping you’ll take it. It’s easy to get taken advantage of if you don’t know how to handle the insurer. But once you have legal representation, all communication will go through your attorney. Even if you need to give a statement about your accident, your attorney will be able to advise you on what to say (and what not to say).
Gathering and Compiling Evidence
After notifying the other driver’s insurance company, your attorney will get to work compiling hard evidence from the accident. They’ll investigate what happened and might take actions like:
- Recreating the accident to detail what happened
- Going to the scene
- Talking to any witnesses
- Gathering photo or video evidence (especially any you took right after the accident)
- Having you see a specialist for your injuries
- Looking at your past medical history
- Calling on experts for testimony
Everything your lawyer does is with the intent of getting you full compensation of your costs. If you were not at fault in any way for your car accident (which is likely), you shouldn’t have to pay for any expenses you face because of the accident. So, your attorney will work to prove exactly what happened, that you had no fault in it, and that the other driver was negligent.
Negotiating for a Fair Settlement
Remember, insurance companies are hesitant to pay out the full value of a claim. They will look for ways to get you to accept less. But having an attorney is a game-changer.
Using the evidence they’ve gathered, your lawyer will work to show the insurer you have a strong claim. If the insurance company denies your claim or offers you less, your attorney can negotiate on your behalf. They’ll pressure the insurer to pay what you are owed without the need to go to court. And if you work with a well-known and respected local law firm, their reputation can help show the insurance company that fighting your claim isn’t worth it.
When and How Do I File an Insurance Claim?
For most car accidents in Hinesville, you have two years from the date of your accident to file an injury claim. The burden is on you to do this, so it’s important to take action quickly. Before this, you’ll also need to call the police and report your accident as soon as it happens. The insurance company will also need to be notified.
There are some situations where the statute of limitations is longer or shorter than two years. If you’re filing a property damage claim for car repairs (without any injuries), you usually have four years to file. And if the accident involved a city, state, country vehicle, the deadline is anywhere from six months to a year.
It’s best to assume you have less time and get started on your claim right away so you don’t miss your chance at compensation. Leave yourself with plenty of time by getting started today.
Gathering Relevant Documents
To actually file your claim, you’ll first need to do several things like:
- Get a copy of the police report on your accident.
- See your doctor for an assessment of your condition.
- Compile all medical bills, notes or diagnoses from your doctor, records of lost wages, car repair quotes, and anything else that demonstrates your damages.
Once you have the important documents, you’ll need to calculate the total of your damages. This includes straight-forward costs like medical bills as well as general damages like pain and suffering. The former costs are much easier to calculate than the latter, which don’t have a clear dollar value. Even lost wages can be hard to figure out on your own, so your car accident lawyer will be invaluable here.
Sending a Demand Letter
When you have all the important documents and have calculated a full amount for your damages, you’ll need to send a demand letter to the insurance company. This letter will include the full amount of damages you’re seeking and why you deserve to recover them.
This demand letter should thoroughly cover the details of your accident while proving fault and damages. Your car accident attorney can create the demand letter for you and ensure it’s as strong and thorough as possible.
Offer and Negotiation
When the insurance company responds to your offer, they’ll give a counter-offer that is usually a lowball settlement. From here, you and your attorney will work to negotiate a settlement that actually covers your damages based on what you legally deserve.
Speak to a Car Accident Lawyer in Hinesville, GA for Free
Need help with your car accident claim? Our attorneys at John Foy & Associates are ready to help. We’ve been representing accident victims for more than 20 years, and we know what it takes to win fair settlements. To schedule a free consultation as soon as possible, give us a call today at 404-620-6012 and we’ll get started.