Even the most cautious drivers Lilburn can find themselves victim to a car accident. Since you can’t control how other people operate their vehicles, accidents can happen. And if you were not at fault for the collision, it can be incredibly frustrating dealing with expensive injuries and vehicle damage. Thankfully, the law is on your side and you shouldn’t have to foot the bill for car accident costs that weren’t your fault. You may be entitled to make an injury claim for your damages, and a car accident lawyer in Lilburn can help.
With some of the most experienced and compassionate lawyers in the Lilburn area, John Foy & Associates is here to assist you with your car accident claim. We’ve been representing personal injury victims for more than 20 years, and we never work for insurance companies. Let us help you today—starting with a FREE consultation. To get started with your free consultation, call 404-620-6012 or complete the Case Evaluation form on this page now.
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 Do I Know if I Have a Valid Car Accident Claim?
If you were hurt in a car accident and weren’t at fault, you likely have a valid case. In Georgia, you are legally entitled to make a claim for all damages if your accident and injuries were caused by someone else’s negligence.
The best way to know for sure is by talking to a car accident lawyer as soon as you can. They can look at the details of the car accident and give their expert opinion on the validity of the case. In general, if another driver or another party was negligent in the accident, your claim is valid.
We regularly take on car accident cases involving:
- Rear-end collisions
- Head-on collisions
- T-bone accidents
- Distracted driving
- Drunk driving
- Whiplash accidents
- And more
It’s also very important to not blame yourself or admit blame after the car accident. It’s common for injury victims to automatically apologize even though they did nothing wrong. Even if you think you might hold some fault in the crash, wait until you have all the facts and have discussed the situation with a lawyer.
What Costs Can I Recover After a Car Accident in Lilburn?
If you were not at fault, you can recover pretty much any cost resulting from the car accident. That includes:
- Medical costs like hospital bills, doctor visits, prescription medications, long-term treatment, and more
- Lost wages from missed work time
- Costs of repairing or replacing your car
- Intangible costs like physical or emotional pain and suffering
Damages include costs that aren’t immediate, as well. If you now have a disability or will require long-term medical treatment because of the accident, you should be able to recover for the losses those cause too. The more severe your injuries, typically the higher your damages will be. And even minor injuries and vehicle damage can be a lot more expensive than most people realize.
What Evidence Will I Need for a Successful Claim?
The insurance claim process can be intimidating because you’ll need to provide concrete evidence of what happened and where the fault lies. Most people don’t realize the first couple of days after a car accident are vital for gathering and preserving key evidence. And as the victim of a car accident, you can compile a lot of this yourself.
Here are some of the things you’ll want to gather as evidence after your accident.
The Police Report
In Georgia, you should always call the police after a car accident resulting in injuries and/or property damage that totals more than $500. Most car accidents, even minor ones, fit this description. So, don’t delay calling 911 to report your accident after it happens. Responding officers will create an accident report detailing what happened.
This police report is often the go-to piece of evidence when fault and liability is determined after an accident. Before you file your claim, you’ll need to obtain a copy of this report. You can do this online, in person, or your Lilburn car accident attorney can do it for you.
Pictures as Physical Evidence
Photographs can be powerful evidence in a personal injury claim. When you take a picture of the car accident scene and any resulting damages, it creates a tangible form of evidence instead of you having to rely on verbal descriptions of what happened.
Accident scenes can be easily cleaned up or moved after the accident—or the other driver can claim it didn’t look that bad. So, take pictures of anything and everything you think can be relevant to your case. That includes:
- The entire car accident scene
- Your injuries
- Injuries of your passengers (if applicable)
- Torn or bloodied clothing
- All damage to your car
Visible pieces of evidence like this can demonstrate just how bad an accident and the resulting damage was. You should also preserve any physical evidence you can relate to damages, such as bloody clothing, as this is even more powerful than a picture.
Don’t be afraid to take too many pictures, or even videos. Get shots of different angles and anything you think will help your case. Your attorney can help you choose the best ones to use for your insurance claim.
Will I Need to Take the Other Driver to Court?
It’s always possible—but most of the time, no. The majority of car accident claims are handled outside of the courts. Your attorney will build the strongest case possible to demonstrate what happened and the damages you face.
If the insurance company accepts your claim, you will get your settlement and be able to move on from this. However, insurance companies will often try to offer you less or claim your damages aren’t as severe as you say. This is where your lawyer will negotiate with the goal of a fair settlement amount. In many cases, this works. But in some situations, the insurance company might not budge.
If you aren’t able to get a fair settlement or the insurer drags out your case, your attorney may advise moving the case to trial. If that happens, they’ll be prepared to handle your case every step of the way.
Speak to a Car Accident Lawyer in Lilburn, GA for Free
The aftermath of a car accident in Lilburn is overwhelming, but you don’t need to go it alone. Associates, we’re here to help you through every step of the process. And it’s risk-free to work with us: we don’t get paid unless we win you money. To get started today with a FREE consultation, call us at 404-620-6012