Pursuing a car accident claim in Georgia is not easy. There are many aspects that can wind up being confusing for some people to handle on their own. That’s why it is generally a good idea to retain the services of an experienced Ellijay car accident lawyer. They can guide you through the process and ensure that you don’t miss any crucial deadlines. It is vital that you understand the Georgia car accident settlement process and timeline before you start filing a claim of your own.
The Georgia Car Accident Settlement Process
It is difficult to fit your car accident claim into a timeline, as every car accident case is different. It can be hard to determine exactly how long your claim will take. It is important to note that your claim needs to be filed before the statute of limitations runs out. In Georgia, you will have two years from the date of the accident to start building a case, gather evidence, consult a lawyer, and file an accident claim. If you fail to file before your two years are up, your case may be tossed out.
To begin pursuing compensatory damages, your lawyer can help you draft a demand letter. This letter explains the facts of the case and provides evidence of the other driver’s liability to the insurance provider. The letter demands restitution for your damages. Don’t worry if you believe that you are at fault. Under Georgia’s comparative negligence statute, you may still be able to recoup some compensation, even if the accident was partly your fault.
In response to your demand letter, the insurance company will either accept your claim and pay you what you demanded, make a counteroffer, and begin negotiations, or deny your claim outright. If the insurance company refuses to make an offer that you feel is reasonable, your lawyer may advise you to file a claim. The threat of a courtroom trial may motivate the insurance company to start taking you seriously.
Filing a Claim
Filing a claim is not as simple as dropping off some paperwork or sending an email. It’s a process all its own. First, your lawyer must file a complaint. Much like the initial demand letter, the complaint:
- Explains the case
- Lists your losses
- Shows why the other party is responsible for the accident
- Provides the settlement number that you are seeking
Your attorney can file the complaint with the court and make sure it is served to the other party.
The defendant in question then has 30 days to respond formally through the court. In their counter-complaint, they will attempt to explain their side of events and may even try to make a counterclaim that lists you as the liable party. At this point, both parties may start to show the evidence that they have collected against the other party in what is called the discovery phase.
Each side has the opportunity to request evidence from the other side and provide each other with information. This phase can take a considerable amount of time, depending on how much evidence is involved in the case and how willing each party is to work together to reach a compromise.
Now, settlement negotiations can begin. With each side now knowledgeable of the other side’s evidence, your lawyer can try to negotiate the settlement number you gave them. If you have more evidence, there’s a better chance of getting that number. If the other side won’t budge, you may have to take your case to trial.
FAQs
Q: How Much Is a Settlement for a Car Accident Injury in Georgia?
A: A settlement for a car accident injury in Georgia can be anything that you feel is appropriate for fully reimbursing you for your economic and non-economic damages. Every car accident case is different, and every injury is different. No two cases will ever be the same. It’s difficult to determine what your settlement offer will be, especially when comparing it to other settlement offers from similar cases.
Q: How Long Does an Auto Insurance Company Have to Settle a Claim in Georgia?
A: Once a claim is filed in Georgia, the insurance company is given 40 days to settle the claim. During this time, the insurance company will take the time to review your case and determine if your case is worth proceeding with. They have 15 days to send the policyholder the proper instructions and paperwork, 15 days to make a decision once the paperwork is filed, and 10 days to send the check if the claim is approved.
Q: If the Other Party’s Insurance Calls Me, Should I Talk to Them?
A: No, you do not have to talk to the other party’s insurance company and give them a statement. You are under no obligation to speak to them without your lawyer present. You can just refer them to your lawyer, who can speak to them on your behalf. You may run the risk of saying something incriminating that could hurt your claim. The wisest decision is to avoid saying anything to them that you may regret later.
Q: How Is Pain and Suffering Calculated in a Georgia Car Accident Claim?
A: There is no official formula to calculate pain and suffering in a car accident claim in Georgia. The amount you can receive in pain and suffering is based on the severity of your injuries and how they have impacted your quality of life since the accident.
The “multiplier method” is often employed to calculate these damages. This takes your medical bills and multiplies them by a number that can range from one to five. The worse your personal injury is, the higher the number, and the higher your pain and suffering compensation may be.
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Contact a Car Accident Lawyer Today
Dealing with the legal aftermath of a car accident on your own can be confusing, frustrating, and time-consuming. Retaining the services of an experienced car accident lawyer may be the most effective way to ensure that your case is handled the right way.
Teague Law can help you develop your case, gather the evidence you need to prove your claims and protect your interests from any insurance companies that may try to intimidate or guilt you into accepting a low settlement. Contact us to schedule a consultation today.
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