Car accidents in Villa Rica range a great deal in terms of severity. Some are minor fender benders that don’t cause much damage while others involve significant injuries and even death. Regardless of how severe a car accident may be, injuries and damage often result, particularly if the crash occurs at higher speeds. Even very minor accidents can cause long-term pain and discomfort for some people. Medical expenses and missed work add up quickly. If you were in a car accident, you need options to address your losses. That’s where a car accident lawyer in Villa Rica comes in.
The team at John Foy & Associates has been helping car accident victims for over 20 years. We never work for insurance companies. We pride ourselves on only offering our experience and knowledge to car accident victims who need help navigating the complicated world of insurance and litigation. We want to help you get what you deserve after a car accident. Let us give you a free consultation. Call us at 404-341-6447 and get your free consultation today.
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);
What Does Will happen After a Car Accident?
The aftermath of a car accident can be overwhelming, especially for someone who has experienced significant injuries. Your first priority should always be to get the medical care you need. Following up and getting the treatment recommended by your doctor is not only good for your health, but it’s also good for your potential legal case.
In many cases, nothing will happen after a car accident unless you take action. You are responsible for asserting your legal rights. If you do nothing, you might be letting those rights slip away.
After an accident, you should:
- Get the medical care you need
- Report the incident to your own insurance company
- Address any property damage (and keep good records)
- Talk to a car accident lawyer
In some situations, the other driver’s insurance company will contact you to discuss the accident and your resulting injuries. This happens more often in serious cases, but it can occur with any type of accident. It’s very important to watch what you say if they do contact you.
Talking with the other driver’s insurance company after a crash can be dangerous. Insurance companies sometimes trick you into saying things that you didn’t mean or misconstrue the meaning of your words. Something as simple as responding to “how are you?” with “I’m fine” can even cause problems for your case.
If an insurance company calls to talk about your accident, that is a tell-tale sign that you need to talk to an attorney first. You likely have a legal case that will warrant getting money damages.
Again, if an insurance company is trying to get in touch with you, talk to an attorney before you call them back. You should also never agree to anything or sign anything without talking to a Villa Rica car accident lawyer first.
When Should I Talk to a Lawyer About My Car Accident?
If you act quickly after a car accident case by talking to a lawyer right away, you significantly increase the likelihood that you receive money damages that fully address your damages and injuries. As a rule, then, you should talk to an attorney as soon as you can after a crash.
There are many reasons accident victims delay speaking to a lawyer, including:
- Thinking they can handle the situation on their own
- Not knowing they you should talk to an attorney
- Not thinking the incident was “bad enough” to speak with a lawyer
- Being nervous or unsure about the process
- Not wanting to go through litigation
- Recovering from injuries in the hospital
- Starting the legal process simply isn’t on their mind
Whatever the reason, it’s best to talk to a lawyer sooner rather than later. They can tell you what your rights are, what you should do next, and whether starting a legal case is a good idea for you.
Not every car accident warrants legal action. An attorney will be able to tell if your situation is worth the time and effort of filing a case in court. At John Foy & Associates, we do this through our free, no-obligation consultation process. You can learn what your rights are with no cost or obligation to hire our team.
How Long Do I Have to Take Action After a Car Accident?
You should talk to an attorney as soon as you can after a crash. But you do have an “outer” limit of time in which you must take action under Georgia law. This concept is generally referred to as the “statute of limitations.”
In general, you have two years from the date of the accident to start your lawsuit. However, that deadline changes under some more unique circumstances. For example, if your crash involved a government vehicle, the deadline may be as little six months after the collision.
You have longer if you are only asserting a property damage claim. You have a property-damage-only case if you don’t suffer any physical harm but your car had to get work done on it. In most situations, however, where there is property damage, there is also physical damage. Property damage and physical injuries are almost always asserted in the same action, so the shorter two-year limitation would still apply.
This limit is only with regard to filing a lawsuit. It has nothing to do with how long you have to report an accident to an insurance company, either. In uninsured/underinsured motorist cases, for example, you likely have a much shorter period to report the incident to get coverage. You must comply with the limitations that your insurance company sets out if you want to get this type of insurance coverage.
Talk to a Villa Rica Car Accident Lawyer for Free
You don’t have to go up against the insurance company alone. Our team can help you investigate, negotiate, and get back on your feet after a car accident. Don’t settle for less than you deserve. Let us give you a FREE consultation. Call us at 404-341-6447