Video Transcription
Let’s talk today about what you need to prove to win your car accident case. In fact, you have to prove, number one, that the other driver actually caused the collision. If you are able to prove that, then you have to prove that the collision actually caused your physical damages. Unless you are able to prove both things, you don’t recover. Now, you should be able be aware of a few things. One, in the state of Georgia you have two years to file a lawsuit and actually serve in a car accident case, a copy of that lawsuit on the defendant. If you don’t do that within that time-frame, you’re claim is going to be barred.
The second thing is, is if you sue the wrong person or the wrong entity, the wrong corporation, you’re also will not be able to recover. If you’ve ever been involved in a previous car accident or had sustained a previous injury, then you’re going to need to prove that the particular accident that you’re seeking compensation for actually caused the present injury. Sometimes you’re only going to be able to recover for what’s known as an aggravation of injury. Either of the insurance adjuster or the jury will only compensate you accordingly.
In Georgia, we have what’s known as a comparative negligence state. What that means is that if the other driver was 90% at fault and you were 10% at fault, then you’re total damages will be reduced by either a jury or the insurance adjuster by 10%.
Are you also can prove your case in Georgia by what’s known as negligence per se. All that means is that in a car wreck case if the other driver has been issued a citation for either following too closely or making an improper left-turn and they’ve been given that citation that you can use that as evidence in your case to prove that they were in fact negligent.
You might have a question as to whether you actually need to even hire a lawyer in a car accident case. I’ll tell you this, if you’ve had $2000 or less on property damage, you probably should try to handle the case yourself.
The reason I say that is because, after the attorney fees and the amount that most likely the insurance company is going to offer, there’s not going to be a whole lot left for you. That’s really what the bottom line is. If you have any questions about proving your car accident case in the state of Georgia, please call me at 770-792-1000.
