If you or someone you care about has been hurt in a car accident in Stockbridge, it’s important to speak to an experienced lawyer right away. Even when an injury seems minor, it can turn into a more serious condition, leading to years of pain and ongoing medical treatment. More serious injuries can result in hundreds of thousands of dollars of medical bills. Don’t get left paying for an accident that someone else caused. Call a car accident lawyer in Stockbridge.
The lawyers at John Foy & Associates have been protecting the rights of car accident victims for more than 20 years. Since our beginnings as a small local law office, we have grown into one of the largest and most highly regarded law firms in Georgia. Our goal is to help you heal as completely as possible from your accident, by getting you enough money to pay for the care and treatment you need. Call John Foy & Associates at 404-341-6447 to set up your free consultation.
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 for 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 are 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 an 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 Stockbridge car accident lawyer help me?
Many people assume that if they have an accident, their auto insurance policy will fully protect them. But this is almost never true. Insurance companies are for-profit businesses, and they’ll put their own profits ahead of your well being. It’s in their interest to pay you as little as possible, even if it means that you won’t be able to afford medical treatment for your injuries. Insurance companies accomplish this with several tactics:
- They phone you and seem concerned about your well being. But anything you say may be used against you when they evaluate your claim.
- They offer you cash as soon as you report your accident before you’ve had a chance to be fully examined by doctors. If you accept their settlement, you give up your right to any additional money.
- Or, they delay processing your claim for months. They hope that you’ll get tired of waiting or get desperate enough to accept whatever they finally offer you.
- Sometimes, insurance companies blame you, even though you plainly didn’t cause the accident. Or they claim that your injuries are less serious than they truly are.
Without a lawyer, it’s hard to fight your insurance company. Insurance companies have plenty of attorneys, and they know that most accident victims can’t effectively represent themselves in a complicated legal claim. When you hire a lawyer, you put yourself on an equal footing with the insurance company. Many accident victims get better offers from their insurance companies simply because they have a lawyer on their side.
Can I recover the expenses of my car accident?
Your insurance claim may cover almost every expense caused by your car accident. The most common expenses include:
- The cost of medical treatment, including doctors and hospitals
- Prescription drugs
- The cost of fixing your automobile
- Compensation for the time you were away from work because of your accident
You might receive much more money if your accident caused a serious permanent injury, left you disabled or in severe chronic pain, or caused a loved one’s death. Of course, money can never fully compensate you for a permanent injury or death, but it can help minimize your financial stress.
Do I have a good case in my Stockbridge car accident claim?
It’s a mistake to try to evaluate your car accident claim yourself. Always consult with a lawyer before you decide whether your claim is worth pursuing. It’s common for car accident victims to think they were partly at fault, or to decide that the accident was just the result of chance or coincidence. But there are special legal standards for car accident fault. Most car accidents happen because someone was careless (or “negligent”), or did something illegal. If the other party was negligent or broke the law, you have a valid case.
We have successfully handled car accident claims that resulted from:
- Cars colliding with each other head-on
- One car rear-ending another
- “T-bone” collisions
- Hazardous driving conditions such as fog or ice
- A driver being distracted
- Driving while intoxicated
- Tires that were defectively made
- Neck injuries such as whiplash
We may even be able to recover money in cases where the other driver fled the scene or did not have auto insurance.
Will my claim end up in court?
The vast majority of the accident victims we represent reach a satisfactory settlement with their insurance company. But, if your insurance company is unwilling to negotiate, your best alternative might be the local courts. Before pursuing that option, we will advise you on your chances of winning at trial, and you will have a chance to decide whether you want to move forward. If your case does go to court, you can rest assured that we will take care of everything.
Usually, however, we are able to negotiate a settlement by presenting a strong case to the insurance company on your behalf. When you hire John Foy & Associates, we will investigate your accident ourselves, looking at police reports, testimony from eyewitnesses, and doctors’ expert opinions. We will build a story showing how your accident occurred and what kind of treatment and care you’ll need in the future. In many cases, this is enough to convince the insurance company to propose a settlement that will compensate you fairly.
How much will I have to pay my Stockbridge car accident lawyer?
At John Foy & Associates, we don’t charge you upfront for our services. You only pay if we are able to win money for you.
- Consultations cost you nothing
- There are no upfront fees
- If we don’t recover any money on your behalf, we simply don’t get paid
If we do reach a settlement or win your case at trial, we will keep a percentage of your recovery as our fee. Everything else is yours. We like this system because it allows you to get good legal representation without taking on any financial risk.
How long do I have to file a claim for my car accident in Stockbridge?
There are state and federal deadlines for filing claims, and the City of Stockbridge courts will not allow claims that are filed after the deadlines. The deadlines that apply to your case will depend on your particular circumstances, but in general:
- You have as much as two years to file many types of auto accident claims
- However, in some instances, you only have a few weeks after the accident occurs
If you miss the deadline to file a claim, you will probably be unable to recover any money at all. To avoid this, it’s critical to speak to a qualified lawyer right away.
Talk to a Stockbridge Car Accident Lawyer for Free
Car accidents—even minor ones—can be traumatic. Don’t try to sort things out by yourself. John Foy & Associates has been helping accident victims get the money they need to heal from their injuries for over 20 years. Contact us for a free consultation and find out how we can help you too. Call us at 404-341-6447