Getting into an accident often seems easier than trying to navigate the claim process. Recovering compensation for a Georgia car accident is rarely as easy as filling out some paperwork. The legal insurance landscape can seem like an unsolvable puzzle, especially when terms like negligence and comparative fault pop up.
Since you probably have plenty of questions about recovering compensation in personal injury claims, we thought having some of the answers could help. After all, the more you know about accident claims the easier it usually is to receive compensation.
What is the Deadline to File an Accident Claim in Georgia?
Georgia doesn’t give you forever to file a claim after an accident. The statute of limitations for filing a personal injury claim is typically two years, but there are a few exceptions.
The statute of limitations usually kicks in on the date the accident occurred, but it can also start when you’re diagnosed with an injury. Some injuries can take a few days or even weeks to start showing signs and symptoms. In this instance, the statute of limitations starts on the day you receive your medical diagnosis.
The statute can be temporarily paused for minors. They typically have two years to file a claim after turning 18. If the defendant can’t be located, the statute can also be paused. The at-fault party must receive a letter of intent that notifies them of your intention of filing a claim.
While it can be possible to pause the statute of limitations, it’s usually not the best idea. Waiting too long to file a claim can make it harder to prove your case. Evidence can be lost and eyewitnesses may move out of state. The cost of bringing witnesses back may be more than the value of your accident claim.
How is Negligence Defined in Accident Claims?
Negligence is the cornerstone of most accident claims. The exception is product liability claims. Georgia is an at-fault insurance state which means you usually need to prove the responsible party’s actions or behavior is negligent. However, the Peach State also follows strict liability rules, which typically applies if your injuries are caused by a defective product. With strict liability, proving negligence isn’t always a requirement.
Under strict liability guidelines, you can usually file a personal injury claim against the product seller and/or manufacturer even if they’re not guilty of negligence.
Okay, so what about accident claims where proving negligence is a requirement? Whether it’s a slip-and-fall accident or vehicle collision, proving negligence is a must. This means showing that the at-fault party owes you a duty of care and they’re actions or behavior breached this duty. You must also show that the breach of duty is the direct cause of the accident resulting in your damages.
Feeling a little confused? Here’s a quick example; all motorists owe other drivers a duty of care to follow all traffic rules. If a driver runs a red light, they’ve breached their duty of care. Their actions caused your accident which resulted in your damages. In other words, if the other driver had stopped at the red light, the accident wouldn’t have occurred.
How Can I Prove Negligence in My Accident Claim?
Sometimes, proving negligence is pretty easy. For example, video footage from traffic surveillance cameras can provide proof that the at-fault driver ran the red light. Business and residential security cameras can also record the events leading up to the accident.
Don’t forget about picking up a copy of your official accident report. The report is usually ready in around 7 to 10 business days. Not only does the report prove the accident occurred, but it can also help prove the other driver’s negligence.
Witness statements and expert testimony are other ways you can prove negligence in a personal injury claim.
Will Comparative Negligence Affect My Accident Claim?
Several states, including Georgia, follow comparative negligence guidelines. If you’re not sure what the legal term means, the concept is fairly straightforward.
Comparative negligence lets more than one driver assume fault for an accident. So, using the red light example again. If one driver runs a red light and the other makes an illegal turn, both are liable for the resulting damages. However, the drivers may not share equal blame. The driver running the red light will probably assume more of the blame than the motorist making an illegal turn.
As long as your percentage of fault doesn’t exceed 50%, you can still file a claim against the other driver’s insurance provider. If your percentage of blame is 51% or higher, you can only file a claim with your insurance provider.
Who Assigns Fault in a Car Accident?
Whether the accident occurs in Georgia, Texas, or even Florida, who assigns fault is basically the same. The authorities investigating the accident can assign blame. You can usually find a notation in your official accident report. The insurance adjuster also has a say in assigning fault.
If you’ve retained a personal injury attorney, they may also send experts like accident reconstruction specialists to review the scene and any gathered evidence. This can be helpful when you feel like you’re assuming more than your fair share of the blame.
Instead of moving forward with your accident claim, your attorney can file an appeal in civil court, which is when your specialist can help show that you’re being unfairly assigned blame. A quick side note; just because you’re filing an appeal doesn’t guarantee the court will rule in your favor. The judge or jury can decide to keep your percentage of blame the same.
Should You Partner with an Accident Attorney?
Surprisingly, this is a common question and the answer is usually yes. An experienced personal injury attorney can help establish negligence and ensure you’re not assigned more blame for the collision than you deserve.
Your attorney can also navigate the often complex legal system while you concentrate on recovering from your injuries.
