Could You Recover Compensation if You’re Partly to Blame for a Car Accident?
Even if you share some blame for causing a motor vehicle accident, you may still have the right to recover compensation from the other at-fault driver. Georgia follows a “modified” comparative negligence law.
Under this law, you can recover money so long as your share of fault does not equal or exceed the fault or combined fault of the other party or parties who caused the auto collision.
However, under this rule, a court in a car accident lawsuit can reduce your financial recovery in proportion to the percentage of fault you bear for the accident. As such, you need an experienced Atlanta car accident lawyer from Bayuk Pratt if the other driver or insurance company blames you for the crash.
How Long Do You Have to File a Car Accident Lawsuit in Georgia?
Under Georgia’s statute of limitations on injury claims, you typically have two years after a crash to file a car accident lawsuit against the at-fault driver and other liable parties.
When you work with Bayuk Pratt, a car accident attorney in Atlanta can help you file your claims before the applicable deadlines expire. Otherwise, you may lose the opportunity to seek financial recovery and justice if you fail to file on time.
Moreover, talking to a car accident law firm soon after a motor vehicle accident can best protect your rights to recover compensation. Evidence can disappear or deteriorate fast, and witnesses’ memories will fade over time. The sooner you talk to Bayuk Pratt, the more successful their investigation is likely to be.
How Much Will an Atlanta Car Accident Lawyer Charge to Represent Me?
Most car accident lawyers work on a contingency fee basis. This arrangement means you don’t pay anything up front for legal representation. Instead, your attorney only gets paid if they win your case at trial or secure a settlement for you.
Their fee is typically a percentage of the total amount recovered, depending on whether the case settles or goes to trial.
A contingency fee structure allows you to have quality legal representation without worrying about hourly rates or upfront costs. If your auto accident case isn’t successful and you don’t recover compensation, you don’t owe the law firm any legal fees.
Working on a contingency basis also gives your auto accident attorney an added incentive to fight for the maximum compensation possible.
Before signing any agreement, make sure to ask questions such as the following:
- What percentage will you charge if my case settles?
- Will that percentage increase if we go to trial?
- Are there any other expenses I might be responsible for, like court filing fees or expert witnesses?
- Will those costs come from my settlement?
Getting clear answers upfront will help you feel confident in your decision and avoid surprises.
How Soon After an Atlanta Car Accident Should I Contact a Lawyer?
Injury victims should contact a car accident lawyer as soon as possible after a crash, preferably after seeing a doctor. A lawyer can step in to deal with insurance companies, gather evidence from the crash scene, and make sure you don’t do anything that could hurt your car accident claim.
Waiting too long can cause serious problems for your case. For instance, evidence such as skid marks and traffic camera footage can be lost if not preserved soon after the accident.
Witness memories can fade. Insurance adjusters may try to contact you right after the accident and offer a quick settlement for far less than your case is worth.
Section 9-3-33 of the Georgia Code allows you two years from the date of the car accident to file a personal injury lawsuit. Certain cases—especially those involving government vehicles—may have notice requirements and shorter filing deadlines.
Contacting an auto accident lawyer right away for a free consultation helps you understand whether you have a personal injury case. Having legal representation allows you to focus on healing while your attorney fights for your rights.
Does Georgia Have Caps on Car Accident Damage Awards?
In general, there is no limit to the compensation that car crash victims may seek in a Georgia car accident claim. If you have serious injuries, you may be entitled to claim both economic damages and non-economic damages in most car accident claims.
Economic damages cover your direct financial losses from the collision. Your current medical bills, expected medical expenses, lost income, reduced future earnings, and the cost of car repairs fall into this category.
To maximize your compensation, save your medical records, pay stubs, vehicle repair estimates, and other documents that show the crash’s financial cost.
Non-economic damages cover the collision’s intangible costs, such as your pain and suffering, emotional distress, and diminished quality of life.
These losses are harder to quantify, but you can make a persuasive case with evidence such as medical records, testimony from a mental health counselor, pictures of your injuries, and accounts from your friends and family of how your injuries have affected your life.
In some instances involving outrageous misconduct, accident victims also may demand punitive damages. A court can award punitive damages to penalize the at-fault party for extreme negligence or intentional wrongdoing.
You can only receive punitive damages at trial, and you must provide clear and convincing evidence of someone’s willful misconduct or total disregard for the consequences of their actions to be awarded such damages.
Georgia law typically limits punitive damages awards to $250,000, and the state usually receives 75 percent of whatever the judge or jury awards. However, there is no cap on punitive damages if the driver was intoxicated or hurt you deliberately, both of which are possible in a car wreck.
How Many Car Accidents Happen in the Atlanta Area?
Atlanta-Fulton County averaged nearly 56,000 crashes per year during a recent five-year period, according to the Georgia Governor’s Office of Highway Safety. Nearly 1,000 crashes per year involved suspected serious injuries.
Are Some Intersections More Dangerous Than Others in Atlanta?
Atlanta roads can be congested at any time of day or night, but certain intersections experience more traffic and a higher incidence of crashes.
High numbers of crashes occur in these locations:
- Covington Highway & Panola Road – This intersection connects major roads and sits near I-20, making it a constant hub of activity.
- Covington Highway & South Hairston Road – Drivers here often face confusing merges and fast-changing traffic signals, creating a risky driving environment.
- North Hairston Road & Memorial Drive – This suburban intersection has sharp angles and limited visibility. Furthermore, vehicles often approach from multiple directions at high speeds, increasing the risk of collisions.
- 10th Street & Monroe Drive – This area near Piedmont Park is packed with cars, pedestrians, and cyclists. A 2016 accident in which a teen cyclist was killed highlighted the dangers here and led to calls for safety improvements.
- Peachtree Street & Lenox Road – Locals know this Buckhead intersection for its heavy traffic and complicated turn lanes. Drivers often face pressure to make quick decisions, which can cause crashes.
What If the Auto Insurance Company Denies My Claim?
If an insurer denies your auto accident claim, you can file a car accident lawsuit and take the insurer to court. However, civil cases involve complex rules and procedures.
You need an experienced personal injury lawyer who knows how to present a compelling case to a judge or jury to increase your chances of recovering fair compensation.
How Long Can an Atlanta Car Accident Case Take to Settle?
Atlanta car accident claims may take several months, a year, or longer to settle.
The settlement timeline depends on factors specific to your auto accident case, such as:
- Severity of Injuries – Severe injuries often take longer to treat and evaluate, which can delay a settlement until you fully understand your long-term medical needs and expenses.
- Disputes Over Fault – More time for investigations and negotiations may be necessary if there are disagreements about who caused the crash.
- Insurance Company Tactics – Insurers may delay your case or make lowball offers. You may need to file a lawsuit to move things forward.
- Complexity of the Case – Crashes involving multiple vehicles, commercial trucks, or third-party liability usually take longer.
- Whether You File a Lawsuit – If settlement negotiations fail and the case goes to court, the timeline may lengthen to accommodate the court’s schedule.
- Available Evidence – Gathering police reports, witness statements, and expert opinions can take time, especially if you and the liable party disagree about the basic facts of the case.
