According to a Georgia Department of Transportation report, between 2000 and 2006 over six million people were involved in auto accidents in Georgia; of that six million, over one million were injured and another 11,345 were killed. These injuries and deaths result in the filing of thousands of auto insurance claims in Georgia each year.
Liability
The two primary issues in every Georgia auto accident case are liability and damages. In order to recover damages, a plaintiff must first prove that the other driver is liable. To prove liability the plaintiff must prove the following four elements:
- That the defendant had a duty to act or to refrain from acting in a certain manner;
- That the defendant breached that duty;
- That the plaintiff was injured; and
- That the defendant’s breach of duty was the cause of the plaintiff’s injuries.
Damages
If a plaintiff successfully establishes liability, he may be entitled to recover damages. Under Georgia law, a plaintiff may recover compensatory damages and punitive damages. Compensatory damages are meant to compensate a plaintiff for injuries and losses he suffered as a result of a defendant’s negligence. Compensatory damages are divided into two categories:
- Actual damages which compensate a plaintiff for his actual injuries and losses; and
- General damages which are commonly referred to as non-economic damages and include emotional distress, pain and suffering, future medical bills, future lost wages, loss or consortium, and physical disfigurement and permanent injury.
Punitive damages are meant to punish the defendant for his negligence and to deter him from engaging in the same conduct in the future. Under Georgia law, a plaintiff may only recover punitive damages if he proves that the defendant acted willfully or with malice, fraud, oppression, wantonness or with indifference to the consequences of his actions.
Statute of Limitations
The statute of limitations is time frame established by law during which a plaintiff may file a lawsuit. State law governs the statute of limitations for all civil lawsuits. In Georgia, the statute of limitations for most auto accident claims is two years. If a plaintiff does not file suit before the statute of limitations expires, he is forever barred from doing so.
Getting Legal Help
If you have been injured in an auto accident, you should seek legal advice from a qualified personal injury attorney as soon as possible. A personal injury attorney will review the facts of your case to determine whether you have a viable claim and, if you do, will immediately begin negotiating a settlement with the insurance company while also preparing for trial in the event settlement negotiations fail.
