Accidental injuries may occur at work, in the hospital, on vacation, during recreational outings, or in a motor vehicle, just to name a few common locations. The assistance of legal professionals in determining fault is valuable to support a case for negligence in court. A formal review will include police reports, witness reports, property damages, roadway marks and other factors present at the time of a car accident. Precise recordkeeping after personal injury accidents, including medical malpractice, wrongful deaths, products liability and car accidents is crucial to a successful insurance or legal settlement.
Statute of limitations and compensation.
Georgia law requires a two-year statute of limitations, meaning that an injured party has two years from the date of the accident to file a legal claim against the party causing the injury. Compensation for any loss sustained, due to partial or full negligence of another party, is in reach to assist in payment of any substantial medical expenses, loss of wages, or other life-altering events that can negatively affect your livelihood, as well as wrongful death claims not covered by insurance companies, often leaving loved ones and families in dire financial circumstances. Insurance companies may try to offer a lower settlement than what is needed to cover a victim’s damages, and often they will make an offer early on to avoid consultation with an attorney.
Georgia is a Comparative Fault State that enables plaintiffs to seek damages, even if they played some part in the accident and are partially to blame. It is a tort law that allows injury victims to sue for the percentage of damages caused by the defendant. Legal action can be brought against other parties involved in personal injury claims, if the elements of negligence are present including: a defendant owed the duty of care; had a breach in the duty of care; and the breach caused the injuries or loss to the plaintiff.
The types of damages that victims can sue for include: 1) compensatory damages which are those damages causing economic loss including wages, medical bills, and property damage; and non-economic loss to victims for pain and suffering; and 2) punitive damages meant to punish the persons being sued, with a few exceptions that are capped at $250,000. In the case of a drunk driver, there is no limit placed on the amount of settlement damages available to the victim. This is because the purpose of punitive damages is not to compensate the victim, but to punish a reckless party.
If you are involved in an accident in Cobb County, where death or injury has occurred, an experienced attorney at the Imbriale Injury Law Office can assist you with your questions and actions toward damage compensation.