Tucker Car Accident Lawyer
Car accidents are a leading cause of personal injuries in Tucker and throughout the State of Georgia. These incidents can lead to a variety of serious consequences, ranging from minor injuries like scrapes and broken bones to life-threatening conditions like traumatic spine or brain damage.
Whenever a car accident is another party’s fault, that party maintains legal liability for the wreck, meaning they could be compelled to provide compensation to an injured victim even if they did not mean to cause any harm. These payments can be used to cover medical bills, make up for lost income, and provide comfort for any lost quality of life.
A Tucker car accident lawyer could help you pursue an at-fault driver for compensation. Gathering vital evidence that the other driver was at fault and using that evidence to prove their negligence is exactly what experienced personal injury attorneys are trained to do.
Defining Legal Negligence
Most car collisions are accidents—neither party intended to get in a crash, and they certainly did not intend to cause harm to another person. Regardless, the law in Tucker and around the state says that people at fault in an accident that causes an injury—whether through carelessness, recklessness, or mere inattentiveness—may carry legal liability.
A plaintiff can prove this liability by demonstrating legal negligence—a legal cause of action with a strict definition—on the part of the defendant. In order to recover damages based on negligence, a plaintiff must prove that:
- The defendant owed them a duty of care
- The defendant failed to uphold—or breached—this duty
- The breach directly caused the accident which harmed the plaintiff
- The accident caused physical injuries to the plaintiff
All drivers assume a duty to care for the wellbeing of all other people whenever they get on the road. Because of this, the first element of negligence is virtually always present in car accident cases. It is also almost always a given that the incident resulted in an injury, although on rare occasions a defendant and their insurance company may argue that an injury preexisted the accident.
The central focus of most car accident cases is whether the defendant failed in their duty to protect the plaintiff—in other words, whether the defendant was at fault for the crash. A Tucker car accident attorney could help gather evidence that may include indicators of speeding, tailgating, texting while driving, or ignoring traffic signals.
Types of Damages in Car Accident Claims
The process of recovering damages in car accident claims can vary significantly case by case. Of course, a plaintiff can demand payments to cover the costs of any medical treatment, including both past costs and estimates for any continuing therapy.
In addition, though, a claim should examine the full economic impact of the accident, including the effect of lost wages or loss of future work ability. In the same vein, any physical injury will also result in pain and suffering, so any comprehensive settlement or verdict should account for emotional harm as well as any loss of enjoyment of life.
A car accident lawyer in Tucker could help properly value a claim and make a proper demand for settlement. They could also help ensure a plaintiff files their case within the legal time limit, since Official Code of Georgia §9-3-33 states that any car accident case must be in court no more than two years after the accident.
What Is Comparative Negligence and How Does it Impact a Case Settlement?
Just as the legal doctrine of negligence is paramount in any Tucker car accident claims, so is the theory of comparative negligence. Every state follows varying versions of the comparative negligence doctrine in determining compensation for personal injury claims. In the state of Georgia, an injured individual whose own negligence contributed to their accident may find that their award of compensation is lowered or even cancelled out entirely.
Provided the claimant is no more than 49 percent responsible for their injuries, they can still recover some compensation. The court will bring down the amount of compensation the claimant can receive, however, according to their percentage of negligence. In situations where the claimant turns out to have been 50 percent or more negligent in the underlying accident, they would not recover any competition. A lawyer could provide additional information regarding the state’s comparative negligence rule and how it may impact someone’s right to recovery.
Are There Exceptions to the Two-Year Statute of Limitations?
There are very limited caveats to the two-year filing deadline. In most cases, if someone misses the filing window they miss out on financial recovery. One common exception is when a child suffers injuries in a collision. Claimants who are injured in a crash while still a minor may have until they reach 20 years of age to file a claim. A lawyer could explain any possible exceptions or nuances specific to the deadline for a particular claim.
Speak with a Tucker Car Accident Attorney About Legal Options
Pursuing damages following a car accident is rarely a simple matter. It is not enough to simply claim that another party was at fault—you must prove that another driver was negligent and that this negligence caused their injuries to recover damages. A negligence claim must present precise evidence to protect your rights, and a Tucker car accident lawyer could help you by taking the lead in your claim.
Your dedicated injury claims attorney could work to gather necessary evidence that proves negligence by the defendant in your case and helps you pursue appropriate recovery for your damages. Call today to learn more about what may be possible for you, including how our legal team could help you organize a rental car and repair services at no extra cost.