Car accidents in Pooler can change your life. The accident is stressful enough, but then you have to go through the complex and lengthy process of filing an insurance claim and fighting for your right to full compensation. This is easier said than done, as insurance companies are never quick to pay out the full value of a claim. To move towards a fair settlement sooner, we recommend contacting a Pooler car accident lawyer.
Dealing with the legal aspects of a car accident is stressful and intimidating if you’re not familiar with personal injury law. At John Foy & Associates, we want to make the process as smooth as possible for you and your family. Our car accident lawyers have been helping drivers get full financial recovery of their damages for more than 20 years. Our goal is getting you the compensation you deserve. For a FREE consultation today, call us at 404-620-6012 or fill out the form on this page to 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);
What Does Working with a Pooler Car Accident Lawyer Look Like?
It all starts with the consultation. At John Foy & Associates, we always offer a FREE consultation where we discuss your case, your options, and how we can help. If you decide to move forward after the consultation, your attorney will get to work on your case. While every situation is different, the process includes these steps:
A strong car accident insurance claim contains lots of information. This starts with gathering records related to your claim like your medical bills, doctor records, car repair costs or quotes, and your insurance information.
These types of documentation can give your lawyer a good idea of how serious your injuries are and what damages you’ve faced from the accident. If your consultation is in person, it’s a good idea to bring these documents to the meeting.
Next, your attorney will begin investigating all details of your car accident. They’ll compile things like:
- Police records from when you reported the accident
- Any pictures you took of your injuries, the damage, and the accident scene
- Witness statements
- Statements from you about what happened
- Any video evidence, such as security camera footage
You will need evidence to support your claim and demonstrate the other driver was at fault for your injuries. A good attorney will know what types of evidence the insurance company is looking for. They’ll help you file your insurance claim and be ready for any negotiation that is necessary.
It’s very common for the insurance company to try offering your a lowball settlement amount upfront. They might even deny your claim or try to pin some of the blame on you to reduce your payout. If any of these situations occur, your attorney can negotiate with the insurer to fight for a fair settlement. If you come to an agreement with the insurer, you’ll be paid your settlement so you can cover your costs.
Most of the time, this is where a car accident case ends. However, sometimes the insurer won’t budge and your attorney may recommend taking the case to court. This is rare, but if it happens, your attorney will begin preparing the strongest case possible for trial.
What is the Cost of a Car Accident Lawyer in Pooler?
We don’t think car accident victims should have to worry about upfront costs. You’re already dealing with enough while stressing about medical bills and vehicle repairs. That’s why most car accident lawyers offer free consultations and don’t take a fee until after your case is closed—and only if you win money. That’s how we run our practice at John Foy & Associates, as we believe it keeps your best interests at the forefront.
The Insurance Company is Trying to Contact Me. What Should I Do?
Be very wary of any contact from the other driver’s insurance company. Once the accident happens and they find out, they will spring into action looking for ways to reduce how much they pay you. It’s important to know this so you don’t get taken advantage of.
And never take the first offer. The insurer might offer you a lump sum of money upfront hoping you’ll take it. Even if it seems like a lot, it’s likely the absolute minimum amount they could offer—and won’t come close to covering your expenses. They want you to think this is the best you can do, when it usually means you have a stronger claim and can seek a much better settlement.
Some other tactics insurance companies may use to pay you less include:
- Calling you to ask how you feel and, if you say you’re “okay,” arguing you’re not hurt as badly as you claim
- Trying to blame you for the accident
- Delaying an answer to your claim for months
- Trying to get you to apologize or asking confusing questions to trick you into saying something that could be used against you
To protect yourself and make sure you have the right information, it’s best to contact a Pooler car accident lawyer as soon as you can after the accident.
How Long Do I Have to File a Car Accident Claim in Pooler?
The statute of limitations for any personal injury case in Pooler is two years from the date of your car accident. There are some situations where you might have less time. If you miss the deadline, you can completely miss your chance to claim any damages.
The legal process takes time, so two years can go very quickly. That’s why we recommend scheduling a consultation with a car accident lawyer to know your options as soon as you can. They can guide you through the necessary steps towards financial recovery.
Speak to a Car Accident Lawyer in Pooler, GA for Free
A car accident isn’t easy for anyone. And if you didn’t cause the accident, you shouldn’t have to pay for the costs. John Foy & Associates can help. To schedule a FREE, no-risk consultation with one of our car accident lawyers in the Pooler area, contact us today to get started. Call 404-620-6012