After a Cobb County traffic accident, you may be wondering what laws might apply to your claim or lawsuit. It helps to understand Georgia state laws regarding fault as well as deadlines for filing a lawsuit after a car accident.
According to a Fox News report, the Cobb County Police Department’s STEP (Selective Traffic Enforcement Program) Unit is investigating a fatal traffic collision. Early findings reveal that the driver of the Ford Escape veered off the road, collided with a tree, and was pronounced deceased at the scene. The passenger escaped with non-life-threatening injuries and was taken to Grady Memorial Hospital for medical attention.
If you’ve been involved in a car accident, there are key legal concepts to be aware of. After a traffic accident, you may want to talk to a Marietta Personal Injury lawyer to understand your legal rights.
Understanding The Fault System in Georgia
Georgia follows what is known as the traditional ‘fault-based’ system. This means that the person who is at fault for the car accident is responsible for injuries, vehicle damage, and other damages.
About a dozen states follow a no-fault system, meaning that regardless of who caused the accident, a driver’s insurance covers certain losses.
Compensation for Damages in Cobb County, Georgia
In Georgia, as part of a car insurance claim or lawsuit, you are entitled to compensation. Compensation is for losses, which are legally called “damages.”
Damages can refer to a full spectrum of impacts, including elements such as medical treatment for injuries from the accident, pain and suffering caused by accident and resulting injuries, and lost income connected with the impact of the accident.
While some of the damages are obvious, others are not immediately evident. It can be useful to understand the scope of damages which could be legally compensated.
What is the Time Limit for Bringing a Lawsuit in Cobb County?
Deadlines vary depending on the type of lawsuit you may want to file. In Georgia, an injury claim must be filed by anyone who was hurt in the crash within two years. This applies whether you were a driver, passenger, bicyclist, electric scooter rider, motorcycle rider, or pedestrian.
When does the clock start? It starts running on the date of the accident.
If you want to file a lawsuit about personal property, the Georgia statute of limitations allows four years to file a case.
Wrongful Death Statute of Limitation in Cobb County
Similarly, if a car accident causes someone’s death, the surviving relatives may bring a wrongful death lawsuit against the responsible party. The deadline is also two years. As the death may occur later than the accident, the clock starts running on the date of the victim’s death.
In most states, the statute of limitations is the same as the one that is applied to most personal injury cases. Georgia is no exception. According to Georgia Code 9-3-33, “actions for injuries to the person shall be brought within two years after the right of action accrues.”
Traits to Look for in a Marietta Personal Injury Lawyer
What traits should you look for in a Marietta personal injury lawyer? A professional legal expert is someone who understands the law, listens to your concerns, evaluates your case, and fights diligently on your behalf.
Accidents may occur in a car or truck. Accidents can occur with a dog bite or a slip-and-fall incident on other people’s property. When accidents happen, it can be helpful to speak with a Marietta Personal Injury lawyer to understand your legal rights.
Understanding Your Legal Options in Marietta
If you have had an accident or injury that looks like the result of someone else’s carelessness, it can be helpful to understand your options to hold the at-fault party responsible.
In many situations, initially, there may be more questions than answers. However, finding a skilled legal professional can be crucial to getting the justice you seek.