Even in a city like Milton, where the quality of life is some of the best in Georgia, car accidents still happen. No driver is infallible—but legally, if someone causes an accident, they are responsible for the costs of that accident. If you or a loved one were injured in an auto accident, you probably need the assistance of a car accident lawyer in Milton.
At John Foy & Associates, we help injury victims all throughout Georgia with their insurance claims. Most people have never been in a car accident before and don’t know where to turn. We make it as easy as possible for you. With 20+ years of experience and a solid reputation of success, we can guide you through the legal process—with the goal of full compensation for your losses. To schedule your FREE consultation today, call us at 404-620-6012 or fill out the online form and we’ll talk details.
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);
What Damages Can I Recover from a Car Accident in Milton?
Under Georgia law, you can potentially seek financial recovery for all damages from the car accident. Damages refer to any costs you experience, including:
- Medical bills
- Medication costs
- Lost wages from missed work time
- Ongoing treatment like rehabilitation or physical therapy
- Repairs (or replacement) for your car
You may also be eligible for substantially higher recovery if you suffered a serious loss or disability that greatly impacts your life after the accident.
What if the Insurance Company Already Offered Me Money?
Be very wary of any contact you receive from the other driver’s insurance company. That might seem like they have your best interests in mind, but this is just not true. Insurance companies are for-profit businesses, and they will look for ways to pay out as little as possible for each claim.
It’s always best to talk to a lawyer before communicating with the other driver’s insurer. That’s because they are skilled at looking for ways to pay you less—and if you don’t understand the insurance claim process, it’s easy to get taken advantage of.
Here are some ways insurance companies try to get you to accept less money than you deserve:
Offering you a lump sum of money upfront after the accident.
This is tempting to any injury victim worried about paying their bills, but the amount is never enough to cover all your costs. Plus, if you accept the money, it closes your case and you miss out on fighting for more.
Calling you to ask how you’re doing.
If you get a phone call from an insurance adjuster, they might ask how you’re feeling after the accident. If you say you’re okay out of politeness or by trying to stay positive, they could use this against you later, claiming you aren’t as badly hurt as you actually are.
Denying or challenging your claim.
If the insurer counters your claim with a lower amount or tries to deny it completely, you need a Milton car accident lawyer. They can look at the reasons for the denial and try to negotiate for a fairer settlement.
Blaming you for the accident.
An insurer might full-on try to say the accident is your fault. This is why it’s important to never say “sorry” or admit any blame after an accident. Talk to an attorney first to go over the details. Even if you are actually partially at fault, you may still be entitled to seek damages under Georgia’s comparative negligence rules.
Dragging out your claim.
Insurance companies know that if they take months to process or answer your claim, you’re more likely to accept a lower offer to get it resolved. A lawyer can help you speed up the process.
Bottom line, never take the first offer from the insurance company—and it’s best to not take contact from them at all until you’ve spoken with an attorney. Then, your attorney can communicate with the insurer on your behalf.
Will I Have to Sue the Other Driver?
Most of the time, no. Most personal injury cases are settled out of court and don’t need to proceed to trial. An experienced attorney will do their best to work with the insurer and agree on a settlement that is fair to you. A strong insurance claim can make all the difference in this situation.
However, there are situations where you might have to decide whether or not you want to take the driver and their insurance company to court. If both parties can’t come to an agreement on who was at fault for the car accident or how much compensation should be paid for damages, your attorney might advise going on to trial if they feel you have a strong chance of winning.
A trial can be very lengthy and stressful, so it’s not a decision to make lightly. Most car accident jury trials only last a few days after jury selection has been made, but this varies depending on the complexity and how local courts operate. If your case does require a lawsuit, John Foy & Associates can be there every step of the way and handle the important details for you. That being said, our goal for every case is to get you full compensation without the need to ever sue the other driver in the trial.
Talk to a Car Accident Lawyer in Milton, GA for Free
At John Foy & Associates, we’ve been helping car accident victims in the Milton area and all throughout Georgia for more than two decades. Our founder, John Foy, started the firm with the sole purpose of helping accident victims get the money they need (and deserve) to cover their costs and move on with their lives.
If you were hurt in a car accident, we’re here to help. Give us a call to schedule a FREE consultation today. We’ll go over what happened during your accident and the other details of your case to form a plan of action based on your options. Call 404-620-6012