You might assume you’ll need to file a lawsuit if you get hurt in a car accident due to someone else’s negligence. But most car accident cases settle rather than go to trial. Only a few car accident cases end up in court, and even fewer go all the way through to a verdict. However, you should always work with a knowledgeable car accident lawyer who can maximize your compensation and prepare your claim in case a trial is necessary.
Why Do So Few Cases Actually Go to Trial?
Trial litigation can quickly become expensive, even for a seemingly ordinary car accident case. Both parties typically hire lawyers and experts in accident reconstruction, medicine, or finance – and these professionals aren’t free. The potential cost of going to trial motivates most insurers to settle, even if they dispute liability or damages. Car accident victims have an incentive to settle because they usually obtain compensation more quickly through settlements, though going to trial could mean a larger award.
Both sides in a car accident case also want to avoid the risk of an unwanted outcome at trial. A court could award the victim more compensation than the liable driver or insurance company offered to pay in a settlement. However, a car accident victim risks receiving less money or nothing at all if the court rules in favor of the defendant. Settling a case means the parties have control over the outcome, even if both must give up something to settle. By going to trial, they turn over control over the case to the court – which could reach a completely unexpected and legally binding outcome.
What Would Be Some Reasons That the Case Would Go to Court?
Some possible factors that increase the chances of a car accident case going to court include the following:
- The drivers and insurance companies dispute fault for the accident – If you try to hold the other driver responsible for the crash, they might claim innocence or even blame you. If one or both sides refuse to budge, taking the matter to court might be necessary.
- The at-fault driver doesn’t have liability insurance – If the at-fault driver has no liability insurance, you might choose to sue them to recover compensation from their assets. However, drivers who don’t have insurance often have few financial resources, so you might not get the compensation you deserve even if you succeed at trial.
- The insurance company refuses to agree to a fair settlement – When the insurance company won’t agree to a fair settlement offer or outright denies your insurance claim, you might have to go to court to demand fair compensation for your losses.
What Information Should I Keep Records of After a Car Accident in Georgia?
Documents that you should gather for your car accident case include:
- The police accident report
- Medical records from the treatment of your car accident injuries
- Car repair bills
- Medical care bills or invoices
- Receipts for other expenses you incurred, such as car rentals
- Your pay stubs or income statements
- Copies of correspondence with the insurance companies
- Pain diaries or journals documenting your recovery
How to Prove Negligence in a Car Accident Claim
Examples of evidence you might use to prove negligence or fault in a car accident claim include:
- Police accident reports
- Accident scene photos and videos
- Surveillance, traffic, or dashboard camera footage
- Eyewitness testimony
- Vehicle event data recorder (“black box”) logs
- Driver cell phone records
- Results of driver toxicology tests
- Post-accident vehicle inspection reports
- Car maintenance records
- Accident reconstruction expert reports
Is Georgia an At-Fault State?
Georgia follows an “at-fault” system for car accident claims. That means crash victims may seek compensation from at-fault parties after any car accident.
Drivers in Georgia must carry bodily injury and property damage liability insurance, which pays for other parties’ losses when the policyholder is at fault for a crash. Georgia auto liability insurance policies must pay for at least:
- $25,000 per person and $50,000 per accident in bodily injury liability
- $25,000 per accident in property damage liability
What Damages Are Recoverable for a Georgia Car Accident?
In a car accident case in Georgia, you might have the right to recover compensation for the following types of personal and financial losses:
- Costs of medical treatment and rehabilitation, including emergency care, hospitalization, surgeries, prescriptions, pain management care, and physical or occupational therapy
- Costs of long-term care if your injuries result in permanent disabilities, including home health care, housekeeping, purchases of mobility equipment, or installation of disability accommodations
- Loss of income if you take time off work or transfer to a lower-paying role while recovering from your injuries
- Loss of future earning capacity and job benefits if you suffer a permanent disability
- Pain, suffering, and lost quality of life due to physical disabilities or permanent disfigurement
- Costs of car repairs or reimbursement for the value of a totaled vehicle
Do I Have a Time Limit for Filing a Georgia Car Accident Claim?
Georgia’s statute of limitations law sets a strict time limit on all car accident lawsuits statewide. In most cases, you have only two years to file a lawsuit after a car accident. However, the deadline could be even sooner for some claims.
If you file suit after the statute of limitations expires on your car accident claim, you risk having the court dismiss your case as untimely. That’s why you should always talk to a Georgia car accident lawyer as soon as possible after a crash to ensure you do not lose the opportunity to recover compensation for your losses.
Contact a Georgia Car Accident Lawyer
If you’ve suffered injuries in a Georgia car crash, get the legal help you need to recover the compensation you deserve. Contact Sherrod & Bernard, P.C., today for a free, no-obligation consultation to learn more about the claims process from our experienced Georgia car accident lawyers.
