Carrollton Car Accident Damages

An individual�can�recover both economic and non-economic damages if they have been involved in a car accident in Carrollton. Punitive damages can also be recovered�in rare situations. Most commonly�punitive damages�are�awarded�in accidents involving a drunk driver or a truck driver who has not followed�Regulations�set by the Federal Motor Carrier Safety Act.�Automobile insurance generally covers economic and non-economic�damages�and�this is where the insurance company�may�not be�cooperative, they may be liable for punitive damages as well.�If you want to know more about recovering Carrollton car accident damages, consult a skilled car accident lawyer today.

Recovering Economic Damages

Economic damages can be described as anything that affects�an individual�personally,�e.g.,�loss of wages, and things of that nature.�If�a person has�a small business,�any loss of�income from that business or revenue,�as well as any property�lost�as a result of�their�injuries,�for example,�if�they are�unable to tend�to their�farm because of�their�injuries and lose a year’s worth of crops, those can be quantified�as Carrollton car accident damages.

After an injured person is released from medical care or their condition has stabilized, an attorney can send the injured person a detailed questionnaire to fill out, with specific questions about their pain and suffering.�

Explaining Non-Economic Damages

Non-economic�damages are pain and suffering,�something that cannot be calculated on a calculator. The�trier of fact�in Georgia�(the judge in a bench trial and the jury in a jury trial) determines the non-economic damages and�calculates the�value of the�Carrollton car accident damages in cases that go to trial.

Only�that�injured�person�knows�the pain that this has caused�them�on a personal level. In rare exceptions,�a�video or audio�prepared about the injured person�can�show and possibly�hear�their�pain and suffering.�This is�very rarely done�and usually only applies in very catastrophic situations.

Punitive Damages

Punitive is defined�as, inflicting or intended as punishment. For example,�in criminal law,�if�a person commits a crime, that person may have to pay a fine or go to prison. There is no prison in civil law, therefore, in cases where there is a willful and wanton disregard for safety,�such as a DUI,�a�car crash, or a truck driver causing a crash,�punitive�damages may be awarded to deter not only the defendant in�that�case�but others throughout America from doing�the same thing. It�puts everyone on notice that if�a person�acts in a similar, harmful manner, it�is going to cost�them a�lot of money.

Damage Caps For Economic and Non-Economic Damages

There are no caps in Georgia car accident cases. However, in most circumstances,�a person is limited to the amount of insurance coverage available. If the insurance company withholds coverage in bad faith or does�not settle within�that person’s�policy limits, then they could be liable for damages that exceed the insurance coverage limits.

However, there are ways for a lawyer to circumvent caps on Carrollton car accident damages. Accident attorneys�are able to�demand of the insurance companies that they pay fair and compensable non-economic and economic damages to�that person�and give them a time limit for doing so.�That is�called a�Holt�demand. By�following�specific criteria under the�Holt�v. State Farm�case,�if�the insurance company does not comply with payment of�their�demand,�the injured person is�able to file a lawsuit and seek damages over and above the amount of the insurance policy coverage.

Car Accident Statute of Limitations

The statute of limitations is the time someone has to bring a lawsuit after an accident has occurred. Generally, the statute of limitations for a car wreck is two years from the date of the accident. If an individual fails to file a lawsuit within two years, they will be barred from receiving compensation. This is why it is essential to seek the services of a dedicated attorney when a person is trying to collect Carrollton car accident damages. A lawyer can help a plaintiff file a claim within the statute of limitations.

Role of an Attorney Following a Car Crash

An experienced accident attorney could assist in the finding of possible insurance coverage available to compensate a person for their injuries. After the initial consultation with the injured person, the lawyer can obtain the individual’s accident report, and place the insurance carriers on notice of any claims.�Those seeking�Carrollton car accident damages should speak with a skilled attorney right away.�