If you have been in a car crash in Georgia, you may wonder if you can sue the other driver. The short answer is that you can sue for a car accident if you aren’t at fault. However, most car accident cases are settled long before they ever reach a courtroom. Insurance companies typically prefer to negotiate a settlement. However, when the other driver’s insurer denies liability or simply refuses to offer a fair payout, filing a car accident lawsuit may be necessary.
A skilled Atlanta car accident lawyer, such as Amircani Law, can evaluate your case, gather the evidence needed to prove fault, communicate with the insurance company on your behalf, and determine whether litigation is the best path forward.
Can You Sue For a Car Accident in Georgia?
If you have been in a car accident in Georgia, you may wonder if you can sue the other driver. In Georgia, you have the right to sue for a car accident if you suffered injuries, property damage, or financial losses because someone else was careless or broke the law behind the wheel.
Georgia follows a fault-based system, which means the driver who caused the crash is responsible for paying damages. This system gives you the option to file a car accident lawsuit if the other driver’s insurance company does not offer a fair settlement or denies your claim.
Most car accident cases in Georgia settle out of court. Insurance companies often negotiate with your car accident lawyer to resolve your claim. However, if negotiations break down or the insurance company refuses to pay what you deserve, filing a lawsuit may be necessary to recover your losses. Suing for a car accident can help you get compensation for medical bills, lost wages, pain and suffering, and property damage.
Georgia’s Statute of Limitations for Car Accident Lawsuits
In Georgia, the deadline for filing a car accident lawsuit depends on the type of claim you’re bringing.
- Personal Injury: If you were injured in the crash, you generally have two years from the date of the accident to file a personal injury lawsuit (O.C.G.A. § 9-3-33).
- Property Damage: If you’re only seeking payment for vehicle repairs or other property damage, you have four years to take legal action.
These deadlines are strict, and missing them usually means losing your right to pursue compensation in court.
There are a few situations where the personal injury deadline may be extended or treated differently. For example, if the victim is under 18, the two-year clock typically doesn’t start running until their 18th birthday. Claims involving government vehicles or employees come with special rules—often requiring you to send an official notice (called an ante litem notice) within a much shorter time frame before you can sue.
It is important to speak with an experienced car accident attorney as soon as possible to make sure you don’t miss any critical deadlines.
What Can You Sue for After a Car Accident in Georgia?
After a car accident in Georgia, you may have the right to sue for several types of damages depending on how the crash affected your life. These damages are meant to compensate you for both the financial impact of the accident and the personal harm you’ve suffered. In some cases, the court may also award additional damages to punish extremely reckless behavior.
Economic Damages
Economic damages are the expenses and costs that come with bills, receipts, or other records showing the money you’ve lost because of the crash. They are often the easiest to calculate and form the foundation of most personal injury claims.
Examples of economic damages include:
- Medical bills (past and future)
- Lost wages
- Reduced earning capacity
- Vehicle repair or replacement costs
- Transportation expenses for medical appointments
Non-Economic Damages
Non-economic damages recognize the pain you’ve endured, the changes to your quality of life, and the emotional challenges that follow a serious crash. Examples include:
- Pain and suffering
- Emotional distress
- Anxiety, depression, or trauma
- Loss of enjoyment of life
- Scarring or disfigurement
- Loss of companionship or affection (in certain cases)
Punitive Damages
In rare situations, if the at-fault driver acted with extreme recklessness, you may be able to seek punitive damages. In Georgia, these damages are typically awarded only in cases involving behavior like drunk driving, hit-and-run crashes, or willful disregard for the safety of others.
Punitive damages are meant to punish the wrongdoer and discourage similar behavior.
Comparative Negligence in Georgia
You can sue for a car accident in Georgia even if you were partially at fault. Georgia uses a modified comparative negligence rule. This means you can recover damages if you are less than 50% responsible for the crash.
However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault and your total damages are $100,000, you can still recover $80,000. If you are 50% or more at fault, you cannot recover damages from the other driver.
Immediate Steps to Take After a Car Crash
After a car crash in Georgia, the steps you take in the minutes, hours, and days that follow can have a major impact on your health and your ability to pursue compensation. Acting quickly helps protect your well-being, strengthens your insurance claim, and preserves important evidence. Even if the accident seems minor, it’s important to follow these key steps to ensure your rights are protected from the start.
- Seek medical attention: Get checked by a doctor as soon as possible, even if you feel fine. Some injuries don’t show symptoms right away, and quick treatment protects both your health and your claim.
- Call the police: Georgia law requires you to report accidents involving injuries, death, or significant property damage. A police report creates an official record that can be crucial later.
- Document the scene: Take photos and videos of vehicle damage, road conditions, and injuries. Gathering evidence at the scene helps prove what happened and supports your version of events.
- Notify your insurance company: Report the crash to your insurer promptly, following the terms of your policy.
- Keep records: Save medical bills, repair estimates, pay stubs, and any correspondence related to the accident. Organized records make it easier to build a strong case.
Car Accident Lawsuit Process
If you are thinking about filing a car accident lawsuit in Georgia, it’s important to understand each step in the process. At Amircani Law, we guide clients through these steps every day. Here’s what you can expect when you want to sue for a car accident.
Contact a Car Accident Lawyer
It’s wise to speak with a car accident lawyer before dealing with insurance companies. At Amircani Law, we offer free consultations. We review your situation, explain your rights, and help you decide if filing a lawsuit is the right path. We also handle communication with the insurance company so you can focus on healing.
Demand Letter
Once we have the facts, your lawyer will write a demand letter to the at-fault driver’s insurance company. This letter explains your injuries, medical costs, lost wages, and other damages. It also states how much compensation you are seeking. This is often the first step in serious negotiations.
Negotiate a Settlement
Most car accident lawsuits settle out of court. Your lawyer and the insurance company will exchange offers and counteroffers. We use evidence and legal arguments to push for a fair settlement. If the insurance company refuses to pay what you deserve, we are prepared to move forward.
File a Lawsuit
If settlement talks break down, your lawyer will file a formal complaint in civil court. The at-fault party has 30 days to respond. Filing a lawsuit shows you are serious and sometimes leads to renewed negotiations.
Discovery Phase
Both sides exchange evidence and take sworn statements (depositions). This stage can last months. Discovery helps both sides understand the strengths and weaknesses of the case.
Mediation
Many courts encourage or require mediation. Mediation is a meeting where both sides sit down with a neutral third party—called a mediator—to try to reach a settlement agreement. Many car accident lawsuits settle during mediation
Trial
If there’s still no agreement, your case goes to trial. Both sides present evidence and witnesses. A judge or jury will decide who was at fault and how much compensation you should receive. Trials can last from a day to several weeks, depending on the complexity of the case.
Should You Hire an Atlanta Car Accident Lawyer?
You are allowed to represent yourself, but working with an experienced car accident lawyer can make a big difference. A lawyer knows how to build a strong case, negotiate with insurance companies, and fight for the compensation you deserve. We handle the paperwork, deadlines, and legal strategy so you can focus on your recovery.
Here’s how a car accident lawyer helps you:
- We assess what your auto accident case is worth.
- We gather evidence to prove the other driver was negligent.
- We handle negotiations with insurance companies.
- We represent you in court if necessary.
Many people are worried about the cost of hiring a car accident attorney. At Amircani Law, we work on a contingency fee basis. This means you pay nothing up front. We only get paid if we win your case or reach a settlement. Our fee is a percentage of your recovery, so there is no financial risk to you.
Contact Amircani Law for a Free Consultation Today
If you’ve been hurt in a car accident, you don’t have to face the process alone. An experienced Atlanta car accident lawyer can evaluate your case, explain your rights, and help you pursue the compensation you deserve.
Amircani Law is here to stand up for you every step of the way. Contact us today at 800-800-8000 for a free, no-obligation consultation.
