Newnan Car Accident Lawyer
When a person has the misfortune of being involved in a car accident, it is understandable that they would be confused and upset. While some accidents result in immediate apparent harm, in others, the injuries only manifest themselves in the days following the accident.
The main priority of all people involved in car accidents should be to make a full recovery. Unfortunately, the deluge of paperwork and red tape that a person must fight through makes for a powerful distraction. Our firm’s Newnan car accident lawyers are here to help.
Our experienced personal injury attorneys handle all of the paperwork and represent your interests to fight for the maximum compensation that you deserve for your injuries. Take the first step towards getting the compensation that you deserve, and contact our firm’s car accident attorneys today.
Car Accident Laws in Georgia
While come collisions between cars are the result of intentional acts, car accidents are usually exactly that – accidents. Because of this, most car accident cases are pursued under the legal theory of negligence.
Negligence is when a person owes a duty to protect another from harm, and through an action, or inaction, causes that protected person to come to harm. That failure to protect another person is usually the result of what we would call negligent behavior.
Consider the example of a person sitting in their car at a red light. That person is then rear-ended by a pickup truck, resulting in a strained neck. There are five parts, or elements, of a negligence claim that must be met by a Newnan car accident lawyer:
- Duty – Duty is present when a person has a responsibility to protect another from harm. This duty is imposed upon them by law, but a person does not automatically have a duty simply by existing. In car accident cases, all drivers assume a duty to drive in a careful manner. In our example, the pickup driver always has a duty to drive in a way that does not place others in harm’s way.
- Breach – The duty to protect others is broken, or breached, when a person takes an action that causes others to come to harm. In our example, the pickup driver breached his duty when he rear-ended the car at the red light because he should have stopped before the collision.
- Cause – The plaintiff needs to show that his injuries were caused by the defendant’s breach of duty. He cannot say that his neck was strained before the collision and hope to win his case.
- Scope – The injuries suffered must have been foreseeable from the facts of the case. Car accidents can cause very serious injuries or even death. As a result, scope is not usually at issue in these claims.
- Damages – The plaintiff must have suffered actual physical harm from the accident. Mental stress on its own is insufficient for a claim, but can be added on in addition to physical harms. Here, the neck strain certainly qualifies and the plaintiff may clam additional pain and suffering as a result of his injuries.
Statute of Limitations for a Georgia Car Accident Claim
Another thing to remember is that car accident cases have a statute of limitations. This is a time limit that a plaintiff must meet to file his case in court. If the plaintiff does not meet this deadline, his case will be dismissed.
For cases involving only losses to personal property, this limit is four years from the date of loss according to GA Code 9-3-32. Plaintiffs have only two years to file a suit for all cases alleging personal injury under GA Code 9-3-33.
How a Newnan Car Accident Attorney Can Help
If you have been injured in a car accident because of another driver’s negligence, contact our firm’s Newnan car accident lawyers. We work with clients to better understand their case; from the facts of the accident, through their medical costs, to lost wages and property damage.
We will take care of the details and negotiate with the insurance company from a position of strength so that you can focus on your recovery.
Most cases settle out of court, but if a lawsuit does need to be filed, we are at your side every step of the way. Insurance companies can sometimes take advantage of unrepresented plaintiffs. They can push you to approve undervalued settlement offers, prior to your case becoming fully developed.
Our firm’s car accident attorneys present thorough and nuanced demand packages to fight for maximum compensation. Time is of the essence; contact our firm today.
