You can personally sue a driver who hit you. A personal injury lawsuit can provide a way to seek compensation if a driver does not carry insurance coverage. Even if they do, their policy may not provide enough coverage to fairly address your losses.
Taking legal action can also allow you to seek damages that a car insurance claim would not provide, like pain and suffering and loss of quality of life.
You Can Seek Various Damages Through a Lawsuit
A lawsuit can allow you to seek the same damages you would through an insurance claim. They include the following:
Car accident injuries can be severe, requiring immediate medical intervention and ongoing care. You can seek awards for:
- Emergency room care
- Doctor’s visits
- In-home aid
- Rehabilitative therapy
- Medical equipment
You will want a settlement to accurately account for your current and future medical costs.
Even minor injuries can keep you out of work for some time. Severe injuries can cost you even more in lost wages. You can seek awards for lost wages, along with benefits, bonuses, and paid time off you missed while you were away.
Reduced Earning Capacity
Disabilities can keep you out of work for the rest of your life. Even if you can perform some of your duties, you may never earn your pre-injury income. You deserve compensation for this loss.
Pain and Suffering
Unlike car insurance claims, lawsuits allow you to go after damages for pain and suffering. This accounts for your physical pain and emotional turmoil. Our lawyers can apply several different methods to assign a dollar value to this loss.
Loss of Quality of Life
Loss of quality of life is another damage you can only seek through a lawsuit. If your injuries prevent you from engaging in hobbies or performing regular tasks, you can seek awards for your reduced quality of life.
For a free legal consultation, call 404-214-2001
No Fault Insurance Laws do Not Apply in Cases of Severe Injury
Some states operate under a no-fault insurance law. This means you will have to file a claim through your own provider regardless of who bears the fault for the accident. However, these laws do not apply when an accident results in severe injury.
You can file a third-party liability lawsuit to recover damages.
You Have a Deadline to Meet When Filing a Lawsuit
Georgia has a statute of limitations for filing a lawsuit. According to O.C.G.A § 9-3-33, you generally have two years from the accident date to take legal action. If you fail to abide by this deadline, you risk losing your right to seek compensation through the court.
A lawyer from our firm can determine how long you have to file a lawsuit and take prompt action to help. It takes time to investigate an accident, gather evidence, and negotiate a settlement. None of these processes stall the deadline, though. The sooner you act, the better you can protect your rights to compensation.
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You Can Seek Compensation Even When You Bear Some Fault
In some cases, you can seek compensation even if you share some of the responsibility for the accident. Under O.C.G.A. § 36-33-5, you can still pursue compensation if you share less than 50% of the fault. Your award will be reduced proportionately, though.
For example, you may share 20% of the fault for a side-swipe collision if you had the right of way, but you were speeding. In this case, you would receive 80% of your damages.
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How a Lawyer From Our Firm Can Help with Your Car Accident Case
You don’t have to represent yourself in a lawsuit. You can hire a lawyer from our firm to handle the legal process. This way, you can focus on your health while we care for your lawsuit.
- Look into your accident and gather evidence of fault
- Challenge the defense’s determination of fault
- Calculate your damages
- Argue your case in a trial
- Handle all of the necessary paperwork
- Communicate with the liable party and their attorneys
We can keep you updated throughout the entire process. You won’t have to worry about a thing when you have our legal team on your side.
Our Personal Injury Firm Can Take Your Case Without Any Upfront Fees
You won’t have to pay out-of-pocket fees for us to begin working on your case. We also do not charge hourly retainer fees. We take car accident cases on a contingency-fee basis, meaning we only take our fee at the end of your case. Our payment would come from your settlement or court-awarded offer.
You don’t have to risk further financial strain when working with our firm. We believe all accident victims deserve comprehensive legal representation regardless of their situations.
Work with Kaine Law to Personally Sue Someone After a Car Accident
While you rest and recover from your injuries, we can get to work on your case. If you lost a loved one to a car accident, we could also file a wrongful death lawsuit. You may stand to recover more than you think.
Take advantage of a free consultation to get clear on your legal rights. Call Kaine Law at (404) 214-2001 to get started. We can explain more about how our car accident attorneys can serve you.