What Should I Do Immediately After an Accident?

It goes without saying that the first thing you should do following an accident is to seek medical attention. However, it is critical at this point to document all evidence of your injuries, taking photos and videos of the scene of the accident and the damages it has caused to you and/or your property. 

You should also not admit any guilt, fault, or even slight apology for the incident – anything you say may very well be held against you in a lawsuit. This is also important because Georgia operates under “comparative negligence,” so any amount of fault you have may reduce your damage award. The only time you should discuss anything about the incident is with your attorney.

How Long Do I Have to File a Claim?

The statute of limitations, or deadline for filing a lawsuit, varies depending on the circumstances. Most personal injury cases must be filed within 2 years of the accident, but if you seek to file for damages to a vehicle, you have 4 years to file from the date of the accident. In cases where the injured victim has died, the family may choose to pursue a wrongful death claim, which has a statute of limitations of 2 years from the date of the person’s death (not the accident). Employees who have been injured on the job may file a workers’ compensation claim within 1 year of the accident.

Do I Need to be Seriously Injured in Order to Make a Claim?

No. Even minor injuries are injuries, and they may grow more serious over time and impact your ability to work or function in the future. The moment you have been injured in any capacity in an accident, even if the adrenaline rush or shock masks the feeling of pain at the time, you should take legal action and consult an attorney about your right to damages. After all, you might be protecting future individuals if your case involves unsafe premises that a business owner neglected to improve.

Will My Case Have to go to Trial?

Not every case proceeds to trial, and few actually do. In most cases, your attorney can negotiate a favorable settlement with an insurance company or the defendant. The timeframe for a settlement will depend on how serious the damages are and how willing to compromise each party is. However, having an experienced lawyer on your side can be particularly beneficial, as insurance companies will be less likely to try to take advantage of you. Nonetheless, if negotiation is unsuccessful, you and your attorney may proceed to resolve your case in trial, where a judge will order damages.

How Can I Claim Workers’ Compensation?

Anyone who has been injured on the job can file for workers’ compensation. In Georgia, workers’ compensation is a no-fault program, which means the injured worker does not need to prove negligence in order to claim damages; they merely need to show that they incurred the injury while performing their work duties. Workers’ compensation is filed with the State Board of Workers’ Compensation and can offer benefits including lost wages and permanent disability benefits.

What Damages Can I Recover?

Injured victims can claim monetary and non-monetary damages, including:

• lost wages;
• future lost wages;
• medical bills and expenses;
• future medical treatment;
• pain and suffering;
• loss of companionship (wrongful death claims).

If the defendant is also found to have acted unreasonably negligently, they may also be asked to pay punitive damages to the plaintiff. Punitive damages are really meant to punish the defendant and discourage them from repeating the same behavior in the future.