Dade County Car Accident Lawyer
As much as many Dade County residents rely on automobiles to get to work, to school, or simply to run errands, it should come as no surprise that car accidents are a common source of personal injuries.
If you were hurt in an auto accident caused by someone else, you may be entitled to pursue significant compensation with the help of a Dade County car accident lawyer. Talking to a personal injury attorney could help determine what your legal options are and how you might best be able to take advantage of them.
Avoiding Liability as a Car Accident Victim
In most cases, holding someone liable for a car accident requires proving that he or she was legally negligent. This means that in order to recover compensation, a civil plaintiff typically must show that the defendant in his or her case violated a duty of care towards him or her and, in doing so, proximately caused an accident that directly resulted in physical harm.
However, determining who was to blame for a car wreck is often much more complicated than it may at first seem. To that end, many defendants in car accident cases not only claim they were not responsible for the plaintiff’s injuries, but also argue that the plaintiff was the party primarily at fault for the wreck.
Under the legal doctrine of comparative negligence established in Official Code of Georgia §51-12-33, plaintiffs found partially liable for their own injuries may have their recoverable compensation proportionately reduced by their assigned percentage of fault. For example, if a court found a plaintiff to be 25 percent at fault for a wreck he or she filed suit over, that plaintiff would only be able to recover for 75 percent of the total damages even if he or she received a favorable verdict.
Furthermore, this statute establishes that any plaintiff found to be 50 percent or more at fault cannot recover any compensation whatsoever. Given the significant effect this kind of finding could have on an injured crash victim’s financial future, retaining a skilled Dade County car accident attorney may be especially important if there are any questions about who is at fault for a wreck.
Effectively Pursuing Compensation
Assuming comparative fault does not bar plaintiffs from recovering compensation, there are many types of damages for which they could potentially seek restitution. Medical bills typically make up the brunt of recoverable damages, but other economic losses that are commonly factored into car wreck lawsuits in Dade County include car repair costs, lost wages, and loss of future earning capacity.
Additionally, non-economic damages—losses that cannot be assigned an objective economic value—may be a factor after particularly bad crashes. Depending on the circumstances, an auto accident lawyer in Dade County may be able to seek compensation on a plaintiff’s behalf for physical pain and suffering, emotional anguish, psychological trauma such as PTSD, and loss of consortium.
No matter how much compensation may be warranted following a crash, though, failure to adhere to the applicable statute of limitations may prevent any recovery at all. Under O.C.G.A. §9-3-33, all civil cases for injuries sustained in a car accident must be filed within two years of when the accident occurred, with only a few rare exceptions.
Discuss Legal Options with a Dade County Car Accident Attorney
Any kind of car accident can be a startling experience, even a minor fender-bender that results in no lasting injuries. After a more severe wreck, though, you may have a lot more to deal with than a few bumps and bruises.
Fortunately, a dedicated Dade County car accident lawyer could help you take control of your situation and seek fair compensation from the person or entity who caused you to suffer harm. Call today to speak with one of our attorneys about your potential case.
