Georgia Statute of Limitations in Accident Cases

Under O.C.G.A. Section 9-3-33, the statute of limitations for personal injuries are two years from the date of injury in the state of Georgia.

Under O.C.G.A. Section 9-3-33, the statute of limitations for a loss of consortium action is four years.

UPDATE:

If the other driver in an accident case is given a ticket, the statute of limitations is different.  The time period is extended by the number of days until the resolution of the ticket, such as paying the fine.  Therefore, in similar situations, you would have two years plus the number of days it took to pay the ticket.

Do note.  It is very important to file timely.  If you are getting close to the statue of limitations, you must contact an attorney immediately.  This rule is hard and firm.  Once you pass that particular day, it is over with extremely few exceptions.

Jackson Lawyer for Butts County, Georgia

As your Jackson, Georgia Personal Injury Lawyer, I can represent you right here in Butts County.  Jackson has always been a special town to me.  I grew up and went to school here.  Jackson is full of my childhood memories such as Fresh Air BBQ, Red Devils, playing recreation football, baseball, basketball and soccer.  Now, I am one the attorneys in town.  I will go over a few of the important questions related in a car accident in Jackson.

Who is going to pay the Medical Bills from the accident?

In an injury case, you are bound to have medical bills.  Most likely, you will have gone to the hospital (Sylvan Grove Hospital), doctor, physical therapist, or more.  First, your own insurance policy may have med pay.  This is a small allowance, sometimes several thousand dollars.  This will be a potential first step.  Of course, if you have health insurance, they will pay the bills, but look to you for reimbursement after any settlement or verdict.  But, in the end, the other person’s insurance company will pay the bills out of the settlement or verdict.

Can an Injury Lawyer recover money for Missed Work when I was recovering from the accident?

Yes.  It is important to document the amount of money owed.  Your doctor should give you a recommendation to miss work for a certain amount of days.  It is important that any days of work missed are necessary and related to the injury.

What are Pain and Suffering damages?

Pain and suffering are recoverable damages in an auto injury case.  These damages relate to the extent of the injury, duration of pain, length of time in treatment, and other factors.  For example, the more hurt you were, the more reasonable it is to demand a higher settlement offer.

When are Punitive Damages Allowed in Georgia?

Generally, to receive punitive damages in Georgia a person or entity (like a company) must act in an intentional manner or conducts themselves with a conscious disregard to the consequences.  In the context of a car accident, if the person who hit you was driving under the influence of alcohol or received a DUI.  Also, if the driver was driving in a reckless manner may subject him to punitive damages.  Talk to your Jackson Personal Injury Lawyer for Butts County, Georgia.

Dekalb County, Georgia Personal Injury Lawyer

Joseph P. McClelland, your Decatur Personal Injury Lawyer will represent you for your damages and injuries from your auto accident, trucking accident or pedestrian injury all over Dekalb County.  If you were injured due to no fault of your own, our injury lawyer will help you recover money for your medical bills, lost wages, pain and suffering and punitive damages, if available.

Medical Bills in an Auto Accident Case

When a serious accident happens, you will likely generate ambulance bills, emergency room bills, doctor bills, X-Ray bills, imaging bills, physical therapy bills, chiropractor bills and others bills depending on the injury. If the accident was not your fault, you will be able to recover money from the at-fault party to pay all of your medical bills.

Lost Wages in a Car Accident Case

If the accident was not your fault, you will be able to recover money from the at-fault party to pay all of your lost wages

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Pain and Suffering in a Accident Case

If the accident was not your fault, you will be able to recover money from the at-fault party to pay for your pain and suffering. Each case is different.  Some people recover quickly, while others never fully recover.  This is why each case is different and should be treated as such.  As your Decatur Personal Injury Lawyer, I will try to fully understand how this injury has changed your life and fight your pain and suffering damages.

Punitive Damages in a Negligence Case

At times, if the at-fault driver was driving drunk, DUI, then you may be able to recover punitive damages.  Punitive damages are to punish the other party and deter future similar actions.  If the other driver was charged with reckless driving, then you may be able to recover punitive damages.

Personal Injury Lawyer

Atlanta Lawyer Personal Injury Lawyer Serving Decatur, Georgia, Dekalb County

Henry County Legal Representation

Punitive Damages in Auto Accidents: DUI & Reckless Driving

In some circumstances, just compensating the injured client is not enough for us as a society.  Sometimes we as a society say that if someone does something so bad, that they should be punished in a way to deter them from ever doing that again.  These money damages are not to compensate the injured, let’s say in a car accident or product liability case, but rather to stop the defendant from similar conduct in the future.

Since this website is primarily about vehicle and pedestrian injuries, let’s review a situation when you would need your McDonough Personal Injury Lawyer to contemplate punitive damages in your case.

The first situation is a drunk driver or someone with a DUI.  Why?  Think about the above policy reason.  If this man or women, let’s say lives in Stockbridge, often gets in her car and flies around old McDonough drunk.  She rear-ends you.  You hire a Henry County Personal Injury Lawyer, and her insurance company pays  you.  The next day, she gets in her car and does the same thing.  This time she hits someone in Conyers, and she hires a Conyers Personal Injury Lawyer.  Or better yet, the persona lives in McDonough, and she is your neighbor.  She hires a McDonough Lawyer.  The insurance company pays.  And so on…  This is why we have punitive damages.

Other circumstances that might allow punitive damages in Georgia would be a reckless driver or someone eluding the police.  Once again, you see the policy reason.  This type of bad behavior, in this case an automobile accident, must be stopped.  Remember, punitive damages are not to reward the injured person, although they get the money, but to stop or deter the bad actor from continuing the reckless or intentional behavior.  If any of these situations happens to you, contact your Personal Injury Lawyer today.