Filing a Decatur Car Accident Case

After being in a car accident, several questions arise. Who is responsible for the accident? Who pays for the medical bills? How do you file a car accident case? Decatur personal injury attorneys are dedicated to helping you navigate these questions and understanding what goes into filing a Decatur car accident case. Before pursuing a personal injury claim, it is essential to understand the necessary steps of the filing process.

Case Investigation

After addressing any health concerns following an accident, the second priority should be collecting evidence. An investigation of the accident scene is vital to establish negligence, causation, and liability. Gathering video or photographic evidence of the property damage and physical injuries can help move your case along more quickly and provide evidence regarding how the accident occurred. A Decatur car accident attorney can also help you acquire the police report and relevant medical records after the accident.

What is the Process of Filing a Complaint?

To start a personal injury case, a formal complaint must be filed with the court. This complaint should contain detailed facts of the accident and any remedies requested by the plaintiff. Once a plaintiff has successfully filed their complaint, the lawsuit will then generally proceed through the stages of discovery, pretrial, and trial.

Under Georgia law, a car accident lawsuit must be filed within two years of the date of the injury. The statutory clock does not start until the date the injury is discovered. It is essential to consult with a Decatur car accident attorney early to evaluate the strength of the personal claim and ensure the filing deadline is met.

Proving Negligence at Trial

In a personal injury case, the plaintiff must show that the defendant acted negligently, and their actions resulted in the plaintiffs’ injury.  The elements of negligence require proof of:

  • Duty – the defendant owed a duty of reasonable care to the plaintiff
  • Breach – the defendant breached that duty by driving carelessly
  • Causation –the breach caused the car accident
  • Damages – the breach resulted in the plaintiff injuries and damages

An experienced Decatur car accident lawyer can analyze the elements of negligence based on the accident details.

What Should Someone Expect in a Damage Award?

Compensation for damages can vary from accident to accident, and specific amounts are difficult to predict without specific case details. However, injured parties in a car accident are entitled to seek compensation for damages including medical expenses, loss income, property damage, and pain and suffering.

Under Georgia’s comparative negligence law, a plaintiff may only receive compensation if their portion of negligence in the accident is less than 49 percent. If a plaintiff is more than 50 percent at fault, they are barred from recovery. The court will calculate the percentage of liability for each party, and the higher the plaintiff’s proportion of fault, the lower the compensation.

Contact a Qualified Attorney to File a Decatur Car Accident Case

If you or a family member were injured in a car accident, you might be entitled to compensation. Working with an experienced personal injury attorney can make all the difference in your claims process. We will work hard to help you get the financial compensation you need to recover and move forward with your life. Reach out to a Decatur car accident lawyer to provide you the legal guidance that you need to file your car accident case.