Car accidents are a shock to even the most prepared drivers in LaGrange. Dealing with the pain, stress, and damage of a car accident can feel like your world is turned upside down—especially if you weren’t to blame for the accident. But thankfully, the law is on your side. You may be entitled to full compensation of the costs from your accident. Finding a great car accident lawyer in LaGrange can help you get started.
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);
Car Accident Lawyer in LaGrange GA
John Foy & Associates has 20+ years of experience helping victims of car accidents. Our main goal is getting you fully compensated for your losses. You shouldn’t have to bear the financial burden caused by another negligent driver. Let’s discuss your options during a FREE consultation and case evaluation. Call us at 404-620-6012 or fill out the form on this page to get your free consultation today.
Four Things to Know After a Car Accident in LaGrange, GA
What you do after your car accident can actually make a big difference in your case. It’s important to protect yourself legally because the insurance company for the at-fault driver will be looking for ways to pay less on your claim—from the very beginning. Here are some crucial things to know about how to handle car accidents and the insurance process in LaGrange.
1. You Can Collect Evidence for Yourself
If you contact a car accident lawyer after your accident (which we highly recommend doing), they’ll begin investigating your case and compiling evidence. But many injury victims don’t know that they can help with this process, especially right after the accident when the evidence is fresh.
Evidence you can collect includes:
- The other driver’s full name, phone number, address, insurance information, driver’s license number, and license plate
- Pictures of the accident scene, your injuries, and vehicle damage
- Locations of the involved vehicles
- Names, phone numbers, and addresses of any witnesses to the accident
- Copy of the police report for your accident (you can get this in person or online)
- Any and all notes on what you remember happening before, during, and after the accident
You should also always call 911 to report a car accident to the local police. This creates a record of the accident and is important to your personal injury claim.
You can also tell the police what happened and about any injuries you suffer. If you don’t currently feel any pain and they ask whether you are injured, just reply that you “aren’t sure” instead of saying no for sure. Some injuries can manifest later. And if you noticed any suspicious behavior from the other driver, such as suspected drunk driving or distracted driving, let officers know.
2. You Can Seek Recovery for All Damages
When an accident happens in Georgia, the person who caused the accident is liable for covering all costs that result. That includes damages like:
- Medical bills for doctor visits, tests, and treatment of injuries
- Prescription medications
- Repairs for vehicle damage
- Physical therapy or rehabilitation
- Lost wages
Basically, if you didn’t cause your accident, you are entitled to file an insurance claim with the at-fault driver for all costs you face resulting from the accident. You deserve full compensation for your expenses. When you work with a LaGrange car accident lawyer, their goal will be getting you financially into the same place you were before the accident.
3. The Insurance Company Isn’t Your Friend
Insurance companies might try to make drivers feel like they are on their side. Unfortunately, many insurers care about profit most of all. They’re looking for ways to cut costs on every car accident claim that comes their way. That means they’ll try to offer you must less than you actually deserve.
This is why we advise car accident victims to never take the first offer from the other driver’s insurance company. Most times, the first offer will be a lowball settlement that doesn’t begin to cover the actual costs you’ll face from the accident.
It’s also generally a good idea to avoid contact with the other driver’s insurer until you’ve consulted with a car accident lawyer. Your lawyer can look at the details of your case and help you figure out exactly how much your claim is worth. Then, if the insurance company tries to offer you less, your attorney can work to negotiate a settlement that is actually fair.
Also, be very careful to never apologize, admit any fault, or discuss your injuries with the insurance company. They can easily use any information you give them against you—even something as simple as asking how you’re feeling and you saying you’re “okay.” Talk to an attorney first. They have the training and experience to know how best to communicate with insurance companies after an accident.
4. The More Proof You Can Provide, the Better
The burden of proof for compensation after a car accident falls on you as the victim seeking damages. So, you’ll need to provide proof that:
- The other driver was negligence
- Their negligence led to your accident
- And your injuries and other damages were a result of that accident
This means you’ll need sufficient evidence to support your claim about what happened. All of the information you can compile, as mentioned in point #1, helps with this. You’ll also want to keep track of all medical bills, quotes, and receipts of your damages, as well as any relevant witness statements and expert testimony.
What is My Car Accident Claim Worth?
This is actually a hard question to answer because every car accident claim is different, and the results can vary widely depending on the severity and other details. You won’t know for sure what your claim is worth until you take all damages and other aspects of your accident into account.
In general, serious injuries will carry more weight. If you have injuries that leave you with a disability or require years of ongoing treatment, those may be worth much more than less-serious injuries. In any case, both sides in a car accident claim will think about how a jury would react to damages—even if the case never actually goes to trial. You can learn more about how settlements are calculated here.
Talk to a Car Accident Lawyer in LaGrange, GA for Free
John Foy & Associates understands how overwhelming the aftermath of a car accident can be. We’re here to help you seek the financial recovery you actually deserve—and we don’t get paid unless you do. That means it’s risk-free to work with us. Plus, we’ll start with a FREE consultation to go over your case and your options. To schedule your free consultation today, call us at 404-620-6012