Rome Car Accident Lawyer
Being involved in a car accident, even a minor one, can have a lasting impact on a person’s life. On top of the obvious damage to your car and body, you may end up missing substantial time at work and may suffer through intense mental anguish.
Unfortunately, insurance companies only serve to complicate things by burying you in paperwork, only to offer you a token sum in an attempt to settle.
Our firm’s Rome car accident lawyers are here to protect your legal right to be compensated for injuries suffered as a result of a car accident. Our experienced injury lawyers will pursue your case with compassion and strength to bring you the fair compensation that you deserve.
Georgia Car Accident Laws
People claiming damages as the result of a car accident will be filing a claim under the civil branch of the law. As opposed to the criminal branch, there are no statutes passed by the legislature defining exactly how a plaintiff should proceed. Instead, civil tort claims, such as in car accidents, are defined through the common law.
The common law is a series of precedents handed down by Georgia’s courts over the years. They provide guidance for people in legal situations, since the courts are bound to follow the rulings in previous decisions.
Through this process, we are given the requirements for civil claims alleging the most common avenue for compensation in car accidents: negligence.
There are five parts, or elements, that a plaintiff or their Rome car accident lawyer must prove in order to prevail in a negligence case. These are:
- Duty – In specific situations, the law places responsibility on people to protect others. This is not automatic and a person must take a voluntary step in order to assume duty. As applied to car accident cases, whenever any person operates a motor vehicle, they assume a duty to protect other drivers, passengers, and pedestrians. Because of this, duty is never in question in car accident cases.
- Breach – A breach of the duty of care occurs when the person who has the duty fails to protect other people. This can be by an action that they take, such as speeding, or by failing to act in a way that harms others, like failing to stop at a red light.
- Cause – The plaintiff must be able to prove that the breach of the duty of care was proximately responsible for their injuries.
- Scope – The injuries suffered by the plaintiff must have been foreseeable considering the facts of the case.
- Damages – Lastly, the plaintiff must suffer actual physical harm. While mental anguish can be added onto a claim, the case must have a foundation in physical injury.
Car Accident Claim Statute of Limitations
One other thing to keep in mind for car accident cases is the statute of limitations. This is a time limit imposed upon plaintiffs for filing cases in court. If a plaintiff misses this deadline, their case has no chance of success.
For cases alleging property damage, the limit is four years from the date of the accident under GA Code 9-3-32. For any case alleging bodily injury, the limit is only two years, according to GA Code 9-3-33.
Talk to a Rome Car Accident Attorney Today
Whether you have been injured while driving your car or while riding as a passenger, you have the right to pursue legal action against the driver who is at-fault. Georgia’s laws concerning negligence allow injured people to seek damages for not just physical harm, but also for any lost wages or mental anguish.
Unfortunately, insurance companies who speak with unrepresented plaintiffs will attempt to minimize your injuries and offer token sums to quickly end the case. Take a positive step towards protecting your rights and let our firm’s Rome car accident lawyers fight for you.
We stand up to the insurance companies and present strong demand packages asking for full compensation for your injuries. Most cases are settled before a lawsuit becomes necessary, but if a trial is required, our litigators will argue your case before the jury with vigor.
Contact our firm today to see how we can help you to recover the compensation that you deserve.
