Atlanta Car Accident Lawyers

Put 45+ Years of Experience in Your Corner

With nearly 6 million car accidents in the United States every year —and nearly 3 million injuries—auto accidents are a leading cause of personal injury claims in Georgia. If you have been injured in a car wreck that was caused by someone else's negligence, you may have the right to pursue monetary compensation to cover your losses.

How Long Will My Case Take?

What is the Statute of Limitation for Car Accident Cases?

The state of Georgia has a two-year statute of limitations on car accident claims. This means that you have two years from the date of your accident to file a claim. If you fail to do so you will lose your right to compensation no matter how severe your accident was. If you would like to file a claim to recover for damage done to your vehicle the statute of limitations is four years.

Who Is Liable After A Car Accident in Atlanta?

The state of Georgia is a “fault” state when it comes to car accident laws, this means that after a car accident the party responsible for the accident pays any resulting damages. Typically, the at-fault parties’ insurance company is the one who actually pays out any damages.

A fault state usually means that an injury victim has more flexibility in pursuing compensation than what is available in no-fault states. In no-fault states, every driver is required to carry a special type of insurance coverage called, Personal Injury Protection (PIP) insurance. In the case of an accident, an injury victim files a claim with their own insurance and is able to recover compensation under their PIP benefits. Because of this system, filing a personal injury claim against a negligent driver is a more complex process.

In Georgia, you have the option of filing a claim against the negligent driver who caused an accident even if you are partially responsible for the accident. Georgia follows a rule called modified comparative negligence, which states that as long as an injury victim is less than 50% at fault for the accident that led to their injuries, they are still eligible to pursue compensation. In these cases, however, your total compensation amount awarded to you will be reduced by your percentage of fault you are determined to be responsible for.

How to Establish Negligence in Your Case

Every driver must uphold a duty of reasonable care, or they may be found in violation and can be held liable for any negligent actions. While a person is operating a motor vehicle, they must:

Drive at a reasonable speed Keep a proper lookout on the road

Maintain control of the automobile Use the car's equipment properly

If a driver fails to do any/all of these things and causes an accident, they can and should be held liable for their negligence. Depending on your case, an experienced from Henningsen Injury Attorneys, P.C. can also subpoena certain documents needed for court.

Should I Speak to my Insurance Adjuster First?

After a serious car accident, you might assume that your insurance adjuster wants to help you obtain the money you deserve for your injuries. In reality, your insurance company wants to avoid paying for your injury. They will often offer you the lowest amount of money possible to ensure that their bottom line is not affected by the accident.

While you should report the accident to your insurance immediately, you should never make any statements regarding the accident to the other person's insurance company without a lawyer present. Insurance companies are trained to find ways to pay you less than what you deserve, and if you say anything wrong, you may not receive the amount of money to which you are entitled. You can find more helpful information about car accidents on our FAQ.

Fight for Compensation with the Help of Our Firm

If you wish to seek compensation, you must first review the facts of your case with a lawyer who can help you discern whether or not you have grounds for a personal injury claim. With our help, you can rest assured knowing that your case will be handled with the level of attention it deserves.

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