How Do I Know if I Have a Valid Claim for My Car or Truck Accident?
There are approximately 6 million passenger accidents yearly, with many forcing those involved to seek medical care. If you have recently been in a car or truck accident, you may question if it is worth filing an accident claim. Who wants to go through the trouble of filing a claim only to be rewarded very little or nothing in return?
At Banks, Stubbs, & McFarland, our personal injury lawyers in Georgia are dedicated to helping accident victims obtain the compensation they deserve. We can demonstrate what circumstances may indicate that you have a valid claim for your motor vehicle crash.
Injured in the Accident
Motor vehicle accidents center around someone using less than reasonable care and their actions causing harm to another. This is known as negligence. For the other party to be found negligent, you must establish that the at-fault driver behaved carelessly, causing harm. Injuries in a car or truck accident can include spinal cord damage, abdominal trauma, whiplash, traumatic brain injury, and a herniated disc, to name a few.
If You Suffered Compensable Losses
In a car or truck accident case, losses or damage typically include medical expenses, lost income, pain and suffering, and the repair cost of your vehicle. You will need to present the appropriate documentation showing evidence of your damage, which will likely include medical bills, medical imaging, treatment plans, mental and physical injuries, pay stubs, and an invoice from your mechanic.
Evidence Proving Liability is Found
If you have collected evidence demonstrating the other party’s liability, then you are in a good position to win your personal injury case. Evidence often includes a police report, eyewitness testimony, photographs, or video footage. Be aware that the evidence may point to a third party, or you may share a percentage of liability in some cases.
If a jury determines that you shared in the fault, your damages will be reduced based on your assigned degree of liability. Under Georgia law, you must be less than 50% at fault to recover damages. If you are determined to be at equal or more significant fault than the defendant, you will be barred from obtaining any compensation.
Property Damage Exceeds $500
Under Ga. Code § 40-6-273 requires you to report an accident to the police if anyone was injured or killed or if there is more than $500 in vehicle or property damage. If you only sustained vehicle damage, you would file a property damage claim with the at-fault driver’s insurance carrier.
You are Within the Two-Year Statute of Limitations
Georgia’s statute of limitations for a motor vehicle accident resulting in bodily injury is two years. This means you must file a personal injury claim within two years of the wreck. Don’t be fooled by the insurance company’s representations that they will care for you. If your claim remains pending for over two years and you file a lawsuit outside the limitation period, your case will be dismissed with no payment for any of your losses.
Seek Dependable Counsel
Knowing how to obtain relevant evidence in a car or truck accident case is key to a successful outcome. At Banks, Stubbs, & McFarland, our Georgia personal injury attorneys have over 25 years of experience investigating personal injury claims to determine what evidence will best support your case. Finding convincing evidence will give you the best chance of securing maximum compensation, which is why you need knowledgeable counsel.
Contact Our Personal Injury Lawyers in Georgia Today
Our personal injury attorneys will assist you if you have fallen victim to a car or truck crash. With our legal team proudly helping injured victims since 1991, we know what evidence to pursue and how to present a persuasive case to secure the compensation that is rightfully yours. To schedule your consultation, contact us online or call today at (770) 887-1209.