What Should be Done Immediately Following a Car Accident?
A car accident can be overwhelming, but staying calm and taking the right steps can protect your health and legal rights. Here’s what you need to do:
- Call 911 immediately: Calling 911 is crucial. Emergency responders will provide medical care and document the accident. Even if injuries are not immediately apparent, seeking medical attention is essential, as some injuries may take time to manifest.
- Contact the police: Regardless of injury severity, Georgia law requires that accidents involving injury, death, or property damage exceeding $500 be reported to the authorities. A police report serves as an objective record, which is vital for insurance claims and potential legal proceedings. Be sure to obtain the police report number from the responding officer.
- Seek Medical Attention: Even if you feel fine, get checked by a medical professional. Certain injuries, such as concussions or internal trauma, may not show immediate symptoms. Clearly describe any pain or discomfort to your doctor, as medical records play a crucial role in supporting an injury claim.
- Contact Your Insurance Company: Most insurance policies require prompt reporting of an accident—often within 24 hours. However, be cautious when speaking with insurance adjusters. Provide only necessary details and avoid admitting fault. Before giving a detailed statement, consult with an attorney at Meeks Impact Law to ensure your rights are protected.
What Damages Can Be Recovered Following a Car Accident?
The amount of compensation available depends on the circumstances of your case. Here’s a breakdown of potential damages:
Economic damages are monetary expenses that typically have receipts or bills attached to them, such as:
- Current and future medical expenses
- Property damage
- Rehabilitation costs
- Lost wages
- Lost or reduced earning capacity due to disability or disfigurement
Non-economic damages do not have a set monetary figure and may be more difficult to value, such as:
- Physical pain and suffering
- Mental and emotional distress
- Loss of consortium
- Loss of enjoyment of life
- Anxiety, PTSD, or other psychological effects
- Disability or disfigurement
Punitive damages serve as a punishment for reckless or malicious behavior, rather than compensation for the injured party. They are typically awarded in cases involving:
- Drunk or drug-impaired driving
- Intentional or egregiously negligent actions
- Reckless disregard for safety
Most punitive damages in Georgia are capped at $250,000 as a general rule, serving as a deterrent against particularly reckless or malicious behavior. However, exceptions apply, including cases where the defendant acted with specific intent to harm, was under the influence of drugs or alcohol, or where product liability is involved.
- Product Liability Cases – No cap on punitive damages, though 75% of the award (minus litigation costs) is paid to the state treasury.
- Specific Intent to Harm – If the at-fault party acted with deliberate intent to harm, there is no cap on punitive damages.
- Substance Influence Cases – No cap if the at-fault driver was under the influence of drugs or alcohol, impairing their judgment beyond legal limits.
For further details, see Georgia Code § 51-12-5.1.
How is Liability Determined in a Car Accident?
To establish a successful claim, it must be proven that the other party’s negligence caused the accident. Liability is determined based on these four key elements:
- Duty of Care – All drivers have a legal responsibility to operate their vehicles safely.
- Breach of Duty – The at-fault driver acted negligently or recklessly.
- Causation – The breach of duty directly resulted in the accident and injuries.
- Damages – The injured party suffered losses, such as medical expenses, lost wages, or pain and suffering.
What if You Were Partially Responsible for the Accident?
Negligence laws vary by state. Georgia follows a modified comparative negligence rule, as outlined in Georgia Code § 51-12-33, meaning:
- If you are less than 50% at fault, you can recover damages, but your compensation will be reduced by your percentage of fault.
- If you are 50% or more at fault, you are barred from recovering any damages.
For example, if you were found 25% responsible and awarded $100,000 in damages, your compensation would be reduced to $75,000.
How Long Do You Have to File a Claim?
In Georgia, you generally have two years from the date of the accident to file a personal injury claim. However, exceptions exist—cases involving minors or claims against government entities may have different deadlines, sometimes as short as 6 to 12 months. If you miss this deadline, your claim may be dismissed. However, certain circumstances, such as claims against government entities, may have shorter deadlines (as little as 6 to 12 months).
To avoid costly mistakes, contact Meeks Impact Law as soon as possible to preserve your legal rights.
Do You Need an Attorney?
Navigating the aftermath of a car accident can be complex. An experienced attorney ensures you receive the compensation you deserve while handling the legal complexities for you.
If you or a loved one has been injured in a car accident, don’t wait—call Meeks Impact Law at 678-341-5212 or fill out our Injury Case Review and we’ll follow up with you ASAP. Let us fight for the justice and compensation you deserve.
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