The amount someone can sue for in a car accident depends on various factors, including the extent of injuries, property damage, and other losses from the accident. Compensation sought in a lawsuit typically covers medical expenses, lost wages, pain and suffering, and other related damages.
The specific amount varies case by case and is determined based on the evidence presented and legal arguments made during the litigation process.
What are the factors that influence compensation amounts?
Several factors influence the amount of compensation awarded in a car accident case:
- Severity of Injuries: Severe injuries requiring extensive medical treatment or resulting in long-term disability generally lead to higher compensation.
- Medical Expenses: The total cost of medical treatment, including hospital bills, surgeries, medications, rehabilitation, and future medical care needs, is a vital factor in determining compensation. The greater they are, the higher your potential settlement from a motor vehicle accident.
- Lost Wages and Income: Compensation often includes reimbursement for lost wages and income if the injuries prevent the victim from working during recovery or result in a permanent inability to work.
- Pain and Suffering: Non-economic damages such as physical pain, emotional distress, and loss of enjoyment of life are also considered. This type of compensation is subjective and varies based on the severity and impact of the injuries.
- Property Damage: The cost to repair or replace damaged property, such as vehicles or personal belongings, is factored into the compensation amount.
- Liability and Comparative Fault: Georgia follows a modified comparative fault rule, where compensation may be reduced if the injured party is partially responsible for the accident. Establishing clear liability for the accident impacts the amount of compensation awarded.
- Insurance Policy Limits: If damages exceed these limits, additional compensation may need to be pursued through other means.
- Legal Representation and Strategy: The effectiveness of legal representation and the strategy employed in negotiating or litigating the case can also influence the final compensation amount.
Our Augusta car accident lawyers are adept at maximizing car accident claims in Georgia. Come and find out how we can help you today!
Types of damages: what can you sue for in a car accident
Damages can be categorized into economic, non-economic, and punitive categories, each serving different purposes in legal claims.
Economic damages
These typically cover quantifiable financial losses resulting from the accident, such as medical expenses, lost wages, property damage, and any other out-of-pocket expenses directly related to the accident. These damages are easier to calculate as they are based on concrete financial losses incurred by the victim.
Non-economic damages
Non-economic damages compensate for intangible losses that are not easily quantifiable. These include pain and suffering, emotional distress, loss of enjoyment of life, and psychological impacts from the accident.
Unlike economic damages, assigning a monetary value to non-economic damages can be subjective and often requires expert testimony and evidence to support the claim.
Punitive damages
Punitive damages are meant to punish the defendant rather than compensate the victim. They are less common and are typically only awarded when the defendant’s actions were willful, wanton, or grossly negligent, often as a deterrent to prevent similar conduct in the future.
Additional reading: average car accident settlement Georgia
Who gets sued in a car accident?
The party who is legally responsible for causing the accident is the one who may be sued. This could include:
- At-Fault Drivers: The driver who is found to have caused the accident through negligence, such as speeding, running a red light, or driving recklessly.
- Employers: If the at-fault driver was operating a vehicle within the scope of their employment at the time of the accident, their employer may be liable under vicarious liability laws.
- Vehicle Owners: In cases where the driver does not own the vehicle, the owner may be held liable if they negligently entrusted the vehicle to someone unfit to drive it.
- Manufacturers: In rare cases, if a defect in the vehicle itself caused the accident, the manufacturer or designer of the vehicle may be sued under product liability laws.
The role of comparative negligence in Georgia
In Georgia, comparative negligence is a legal principle that affects how damages are awarded in personal injury cases, including car accidents.
Under comparative negligence, the amount of compensation a plaintiff can receive is reduced by their percentage of fault for the accident. Here’s how it works:
- Pure Comparative Negligence: This means that even if a plaintiff is partially at fault for an accident, they can still recover damages. However, the compensation awarded will be reduced in proportion to their percentage of fault.
- Impact on Lawsuits: In practical terms, if a plaintiff is found to be 20% at fault for a car accident and their total damages amount to $10,000, their recovery would be reduced by 20%. Therefore, they would receive $8,000 ($10,000 – 20% = $8,000).
- Evidence and Legal Strategy: Comparative negligence requires careful consideration of evidence and legal strategy. Both parties may present arguments and evidence to establish the degree of fault of each party involved. This can significantly impact the case outcome and the amount of compensation awarded.
Factoring in insurance laws
Knowing the insurance laws in Georgia is necessary after a car accident, especially when dealing with underinsured and uninsured drivers. Here’s what you need to know:
Underinsured drivers
When involved in an accident with an underinsured driver in Georgia, their insurance coverage may not be sufficient to fully compensate you for damages.
In such cases, your own underinsured motorist coverage can help cover the gap between the other driver’s policy limits and your actual damages. Reviewing your insurance policy to understand your coverage limits and options for pursuing additional compensation is important.
Uninsured drivers
Encountering an uninsured driver in Georgia presents challenges, as they lack any insurance coverage to pay for damages they cause. In such situations, uninsured motorist coverage under your own insurance policy becomes essential.
UM coverage can help compensate you for medical expenses, lost wages, and other damages caused by an uninsured driver.
It’s wise to verify your policy’s UM coverage to ensure adequate protection in case of an accident with an uninsured motorist.
Being familiar with these insurance provisions is essential for protecting yourself in the event of a car accident involving underinsured or uninsured drivers in Georgia.
For residents in neighboring areas consulting a dedicated car accident lawyer in North Augusta, SC, can provide specialized legal guidance tailored to local laws and regulations.
The process for suing someone
Suing someone after a car accident typically follows these steps:
- Consultation With an Attorney: Seek advice from a Savannah car accident lawyer to assess your case’s strengths and potential outcomes.
- Filing the Complaint: Your attorney will file a formal complaint in civil court, outlining your claims against the defendant.
- Discovery Phase: Both parties gather evidence, such as witness statements, medical records, and expert testimonies.
- Negotiation or Mediation: Parties may attempt to settle out of court through negotiations or mediation to avoid a trial.
- Trial: If a settlement cannot be reached, the case proceeds to trial, where evidence is presented, and a judge or jury determines liability and damages.
- Appeal (if applicable): Either party may appeal the court’s decision if they
believe legal errors occurred during the trial.
Additional reading: what to do after car accident
Need expert legal advice in GA?
For expert legal advice in Georgia, reach out to us today. Whether you’re dealing with a car accident or personal injury or need assistance navigating insurance claims, our team is here to help.
Contact us for a consultation tailored to your needs and let us guide you through the legal process with clarity and expertise.
Final points
Knowing your rights and acting swiftly after a car accident or hit-and-run in Georgia is important to securing fair compensation. Consulting with an experienced car accident lawyer early ensures accident victims navigate the legal complexities effectively. It’s essential to gather thorough documentation, including witness accounts and police reports, to support your claim.
Expert legal guidance not only aids in negotiations with insurance companies but also prepares you for potential court proceedings. Remember, time is limited under the statute of limitations, so contacting a lawyer promptly can make a significant difference in your case’s outcome.
FAQs
Can I sue for a car accident if I was partially at fault?
Yes, you can still sue for a car accident in Georgia even if you were partially at fault. Georgia follows a modified comparative negligence rule, which means you can recover damages proportionate to the other party’s fault, as long as you are not more than 50% at fault.
How soon after a car accident should I consult an attorney?
It’s advisable to consult a car accident attorney as soon as possible after an accident, ideally within a few days. This allows them to gather evidence while it’s fresh and advise you on your rights and next steps.
How long does it take to settle a car accident lawsuit?
The time to settle a car accident lawsuit varies widely depending on factors such as the complexity of the case and negotiations with insurance companies. Some cases settle in a few months, while others may take a year or more.
Will my car accident case go to trial?
Not all car accident cases go to trial. Many are resolved through settlements negotiated between attorneys and insurance companies. However, if a fair settlement cannot be reached, your case may proceed to trial, where a judge or jury will decide the outcome.
What does it cost to hire a car accident attorney?
Most car accident attorneys work on a contingency fee basis, which means they only get paid if you win your case. Their fee is typically a percentage of your settlement or court award. Initial consultations are often free, allowing you to discuss your case without financial risk.