If you are involved in a car accident or
any other type of accident and need to file an insurance claim or lawsuit in
Georgia, it helps to understand a bit of the state’s laws and how they could
apply to your case. This includes time limits to file a claim or lawsuit,
liability rules, and compensation, to name a few.
Statute
of Limitations
Like every other state, Georgia has a
time limit within which personal injury cases can be filed. According to
Augusta, Georgia accident lawyers, individuals have up to two years within
which they can file a lawsuit in the state from the date of the accident. It is
important to meet this deadline or else the court would refuse to hear you
case, which means you would lose your right to compensation for any injuries.
The statute of limitations for injury claims against a city or county is six
months.
This part may be easy to understand but
filing a suit and knowing how to file it and so on is not. Press this button to increase your chances of filing a
successful lawsuit. It may be unfair you are in this position but do not be
unfair to yourself by trying to file a lawsuit without formidable legal help.
Comparative
Fault Laws
For the most part, Georgia is a fault insurance
state where proving fault is essential in order to file a claim or lawsuit.
However, if you file a lawsuit or insurance claim after an accident in which
you suffered injuries, there are chances that the other party may claim that
you were wholly or partly at fault for the accident. In such as case, Augusta,
GA accident attorneys say that Georgia’s modified comparative fault rule will
be enforced.
For example, if you are hit by a driver
who jumps a red light at an intersection while traveling at 10 mph above the
speed limit, according to the comparative fault law, you would be 10 percent at
fault and the other driver 90 percent at fault for the accident. The bottom
line is that the comparative fault rule is applied by the courts in cases where
both parties share fault.
Insurance
Claims
According to Georgia accident lawyers, this
issue may also arise during negotiations in an insurance claim. Those injured
in car accident have several options when it comes to auto insurance claims for
compensation for losses. The injured party can file a claim with their insurer
or may file a third-party claim with the other driver’s insurance provider.
Alternatively, they may also file a lawsuit.
Vehicle accidents can cause a variety of
injuries from minor bruises to whiplash, permanent disability due to spinal
cord injuries, and even death. If you are involved in an accident legal
professionals recommend that you do not admit fault which could happen via an
apology.
Your
Actions
It is prudent only to provide general
information on your driver’s license and insurance agent’s contact. It is also
important to refrain from aggressively confronting the other party involved in
the accident. Your actions following the accident could also still jeopardize
any auto insurance claim.
Proving fault and receiving compensation
for an auto accident claim can be tricky especially in cases where there are multiple
contributory factors. Therefore, it is always astute to hire the services of a
remarkable and committed Georgia accident lawyer to make sure that your rights
are protected.
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