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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.