If you’re ever involved in a car accident in Atlanta, GA, it’s in your best interest to contact a personal injury attorney about your case.
Your Atlanta car accident lawyer will obtain as much information as possible and gather all relevant evidence concerning your accident.
The first step an accident victim takes to obtain a fair settlement for their damages will involve negotiations with their insurance company.
An insurance adjuster will review your case and insurance coverage along with your attorney, and they will try to reach an agreement for your accident claim.
If your case is strong, but the insurance company won’t offer you a settlement to cover your property damage or your medical bills, your attorney may want to file a lawsuit.
Related post: How Can An Atlanta Car Accident Lawyer Help With My Case?
In the article below, we will cover some aspects regarding car accident lawsuits in Atlanta, GA.
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When Should I Contact an Attorney After a Car Accident?
If you’ve been injured in a car accident, you should speak to a car accident attorney as soon as you can.
If you have a lawyer working on your case from day one, they will be able to protect you every step of the way.
Your accident attorney will preserve evidence and document your injuries and various other losses from the start.
Even if you aren’t sure if you should file a claim, an Atlanta attorney can review your case for free and determine whether or not you have the basis to file a successful personal injury claim.
Every accident victim should contact an attorney because there is nothing to lose by doing so.
At the Mabra Law Firm, our accident injury attorneys offer free consultations for this very reason.
Even if you don’t end up having the grounds to file an injury claim, you haven’t lost anything by speaking to one of our lawyers about your motor vehicle accident.
First, Determine Who Is At Fault
Once you’ve spoken to an attorney, the first thing they will do is work to determine who is at fault.
If it is determined that you are 100% at fault for the accident, there’s no reason for you to try to sue the other driver and expect to have property damage or any medical bill paid for.
A skilled lawyer will help you determine fault for your accident and help you determine how much you might be entitled to for your medical expenses based on your percentage of fault.
That brings us to the next aspect of determining fault: what are the negligence laws in your state?
Car accident lawsuits are predicated on the theory that the other driver was negligent.
State laws will differ in how they award damages regarding each driver’s level of negligence in the accident.
Your state will have either a contributory, comparative, modified comparative negligence model.
Georgia uses a comparative negligence model.
So in Georgia, someone injured in a car accident can recover monetary damages as long as a jury finds them no more than 49% at fault in the auto accident.
This is better than a contributory negligence state, for example, because being even being one percent at fault for the accident can bar recovery from an insurance company.
How Long After a Car Accident Can You Sue?
Every state will have a statute of limitations on personal injury claims, and Georgia is no exception.
The statute of limitations is the amount of time after your accident you have to file a personal injury lawsuit or a personal injury claim.
In the Peach State, the statute of limitations is two years after the accident occurred.
If you wait longer than two years to file your lawsuit, your case will likely be thrown out, and you will be barred from receiving compensation.
Like most states, Georgia does have some exceptions to the statute of limitations.
These exceptions can stop the clock from ticking on your claim, but they are very rare, so you shouldn’t assume this will be done for your case.
No matter the circumstances surrounding your case, you should speak to a personal injury lawyer as soon as possible.
This will keep you from running into any issues with the statute of limitations.
Building a successful insurance claim or personal injury case takes time, and the sooner your lawyer can begin collecting evidence, the better.
How Long Does An Automobile Accident Lawsuit Take?
Several factors can affect how long your lawsuit will last if you need to file one.
Some auto insurance companies of the at-fault party will offer a suitable settlement amount right away after your lawyer files a lawsuit.
But if your insurer wants to fight your claim or submits an offer much lower than what is needed, it could take a year or longer before your case ever makes it to trial.
When filing a lawsuit, there are several steps that both sides have to take before your case makes it to trial.
Each side has a certain amount of time to complete each step.
Below are the different stages of a car accident lawsuit:
- Filing A Complaint: The first step is to file a complaint, which is a list of your claims and justifications for your lawsuit. The at-fault driver and their insurance company will be given a fixed amount of time to respond to your complaint.
- Pre-Trial Motions: The other party may file several motions to achieve an advantage in court or delay the trial. You will have time to challenge any motions that are filed. A few examples of motions are a change of venue, change of judge, removal, or a dismissal.
- Setting A Court Date: After working through pre-trial details, your trial could still be a year away.
- Mediation: Your judge could order both sides to negotiate under the guidance of an impartial mediator so you can reach an agreement before your case goes to trial.
- Discovery: The discovery phase consists of both sides gathering evidence and sharing what they have with the other party. You may have to be interviewed under oath by lawyers from the other side.
Your trial can only happen after all of these steps have been taken.
However, it’s fairly common to reach a fair settlement with the other side long before a trial ever happens.
Hire a Car Accident Lawyer in Atlanta, GA
Mabra Law Firm has years of experience handling car accident cases in Atlanta, GA. They are ready to help you restore your quality of life after your accident, even if it means going to trial.
You shouldn’t try to deal with insurance companies on your own.
Your insurance company understands that the average person doesn’t understand the complex personal injury laws and rules that will affect their case.
They will do all they can to take advantage of that and try to pay out as little as possible for your claim.
To make sure you aren’t taken advantage of after your car accident, click the button below to schedule your Free Consultation with the Mabra Law Firm today.