- Check for injuries
- Call the police to document the scene
- Get medical attention
- Document everything
- Report the accident to your insurance company
- Contact Cohen & Sinowski
The Impact On Your Personal Injury Case If Partially At Fault For The Auto Accident
If you are partially responsible for your accident, you may still be able to receive compensation. In Georgia, there is a special law—known as contributory negligence—that can help a victim injured by someone else even if the victim did something partially to blame for the accident. If you are injured in an accident, you may be eligible for financial compensation, as long as you are not more than 50% responsible for the accident.
How Long After A Car Wreck One May File A Personal Injury Claim In Georgia
Georgia’s personal injury statute of limitations is two years. That means you must file a lawsuit within two years of the date of your accident. The statute of limitations starts on the date of the accident and continues for two years. If you fail to file your claim in time, you will be barred from pursuing compensation for your injuries.
How A Bad Driving Record May Hurt An Auto Accident Injury Claim In Cobb County
There is a running joke among lawyers and those that interact with lawyers that no matter what question you ask the answer is always, “It depends.”
If you have been in a car accident in Cobb County or anywhere in Georgia and you are asking about whether your driving record will hurt your personal injury claim for injuries, the answer is yes, it does depend. And it depends on several factors.
The biggest factor is: who is to blame for causing the accident? If the person who hit you has a bad driving record, but you caused the accident, your driving record won’t matter at all. One of the other things I tell clients is that it doesn’t matter how many tickets you have received or whether there have been accidents caused by someone else on your insurance policy. The only thing that matters in a personal injury case is who caused the accident and whether they are legally responsible for paying you money damages as a result of their own negligence and fault.
Why To Hire An Attorney Even If It Was Clear The Other Party Was At Fault
If you have a minor injury, received little or no treatment, and it’s clear that the other driver is at fault, you should get fairly quick results without legal help. However, most personal injury cases are not this simple.
Even if you feel like your case is straightforward, there may be less obvious complications that can take a long time to develop. Insurance companies often try to settle for as little as possible, taking advantage of the fact that you may not be aware of the full value of your case. If you have questions about your case, contact an experienced attorney who can give you a clear idea of what to expect from the insurance company.
If your injuries are more serious or if there was any property damage beyond basic vehicle repair, it’s important to get legal advice about your case. Many car crash victims don’t realize that they may be entitled to compensation for their medical bills and future medical bills, lost wages, pain and suffering and other damages. There also may be coverage available beyond what the other driver’s insurance company has offered—for example, underinsured/uninsured motorist coverage on your own policy. An experienced Smyrna personal injury attorney can help make sure that you receive all the compensation available to you
Tactics Employed By Insurance Companies To Either Deny Or Limit Claims
Insurance companies most commonly argue that their insured was not responsible, wasn’t liable, if it was a premises liability case. If it’s an automobile case, we always hear that our client was actually at fault, we have a portion of responsibility, their injuries aren’t that severe, or we can’t prove our damages.
How Not Wearing A Seatbelt At The Time Of The Accident Can Affect The Chances Of Financial Recovery
Insurance companies try to deny or limit settlements in a number of ways. Here are the most common defenses they use:
They commonly argue their insured (the person they insure) is not legally responsible, or liable.
You were at fault too. They say that you also were at fault, and so they don’t have to pay you anything.
You can’t prove your damages. They say that you have failed to show that you have been injured, or that the injuries caused by their insured have resulted in any money damages (i.e., medical bills), or that those damages are as great as you claim.
Their insured doesn’t have enough insurance coverage (sometimes called the policy limits). This is a common defense when someone is severely injured but the person who caused the injury only has a small amount of insurance coverage (usually because he/she did not purchase enough coverage).