No one enjoys getting into a car accident—but the truth is, most Winder residents will be involved in at least one in their lifetime. The entire experience can be very scary, nerve-wracking, and even confusing—and the aftermath of a car accident can be just as troublesome. You may find yourself in and out of the hospital, struggling to get to work, in pain, and frustrated with the entire situation.
Thankfully, Georgia law permits car accident victims to recover some or all of their losses after a car crash, and a car accident lawyer in Winder can help with that process.
When you research an attorney to help with your car accident claim, you should be looking for experience, knowledge, and compassion. The team at John Foy & Associates has all three. We have been serving car accident victims throughout Georgia for over 20 years. We genuinely care about you, your family, and your overall well-being. We act as a helpful guide through the legal process. 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 Are My Rights After a Car Accident?
If you are involved in a car crash in Georgia, you must take action to assert your rights. Unfortunately, no one is going to tell you how you should do that—you must ask questions and do your own investigation. This can be very difficult if you are trying to recover physically and mentally from a crash at the same time.
If the car accident was someone else’s fault, you can get money damages for your losses from that person or their insurance company. However, they won’t automatically hand over money to you. You often have to make a claim with their insurance company, prove your losses, and negotiate a settlement. If you can’t come to a reasonable settlement, you may need to start a lawsuit.
In short, you have the right to recover the losses you experienced because of the at-fault driver, but you must go through a specific process to assert those rights. That process sometimes involves a lawsuit.
You can often get damages for the following types of losses:
- Medical expenses
- Lost wages
- Past and future pain and suffering
- Loss of enjoyment of life
- Loss of future earning capacity
- Property damage
The purpose of a lawsuit is to get you damages that will put you back in the same place you would have been if the accident had not occurred.
What Are the Most Common Types of Car Accident Claims?
Car accident lawsuits are one of the most common types of personal injury lawsuits throughout the United States, including towns like Winder. Many car accidents are caused by the same type of behavior over and over again. Here of the most frequent actions leading to accident claims or lawsuits.
A rear-end crash occurs when one vehicle strikes the other from behind. It often happens while the first car is stopped, but it certainly doesn’t have to be for it to constitute a rear-end accident.
This type of collision happens frequently at stop lines or stoplights, but it can also occur while traffic is moving. Not paying attention, following too closely, and speeding are often the causes of rear-end crashes. In most situations, the vehicle that hit you from behind will be at fault for a rear-end accident.
A t-bone collision occurs when one vehicle hits the other so that they are perpendicular to one another—the two vehicles make a “T” when they stop moving.
In most situations, this type of collision occurs because one vehicle either ignored, missed, or disregarded a traffic control device like a stop sign or traffic light. It also happens often because one driver proceeded through an intersection when they did not have the right of way.
A low-speed crash usually takes place in or near an intersection. Parking lot accidents also usually fall under this type of crash.
Although low-speed accidents themselves are very common, they don’t often result in severe injuries. However, there certainly are situations where injuries from this type of crash can lead to long-term problems, including chronic back or neck pain and limited range of motion.
Many accidents occur in intersections, particularly where one driver is making a left-hand turn. But virtually any type of turning is more likely to cause a crash, including situations where one vehicle turns out unexpectedly in front of another.
It can be tricky to determine fault in turning-related accidents because you need to know who had the right of way. That being said, usually, if someone turns out in front of you or makes a left-hand turn into your lane of traffic, they will be to blame for the accident.
How Do I Start a Car Accident Lawsuit?
You officially start a car accident lawsuit by filing a petition or complaint with the court. However, the process of asserting your claim and starting the legal process occurs long before you take this step.
Generally, the first thing you must do is report the incident—both to the police and to the other driver’s insurance company. Then, you start your investigation and the fact-gathering process.
In some cases, you can negotiate with the insurance company and come to an agreeable settlement before you even start the litigation process. A Winder car accident lawyer can help you with this process.
Of course, there are also cases where an insurance company will not provide a reasonable settlement offer based on your situation. If that happens, you’ll have to resort to litigation to assert your rights. An experienced lawyer is highly recommended in this situation, too.
Talk to a Winder Car Accident Lawyer for Free
If you’re looking for answers after a car accident, the team at John Foy & Associates can help. We can examine your situation and make recommendations about what your next steps should be based on our 20+ years of experience working car accident cases. Call us at 404-341-6447