Can You Still Bring a Lawsuit in Georgia if You Have No Memory of Your Car Accident

female patient memory loss after car accident

For the survivors of a traumatic car accident in Georgia, the memories of the event can haunt them for years to come. However, when a crash involves a head injury, it can often render a victim unconscious. Unconscious head injury victims may suffer permanent health consequences. Even with less severe injuries, the victim may have little to no recollection of the accident or the immediate aftermath. But the lack of memory relating to the crash will not prevent you from filing a lawsuit.

The Right to File Suit

If you suffered injuries in a Georgia car accident that was caused by someone else, you have the right to seek financial compensation from the responsible driver. This is the case even if you do not remember the collision. In fact, your attorney could put on a winning case at trial without you remembering anything about the crash.

In a typical negligence case, the testimony of the injury victim plays a central role at trial. However, if you are unable to remember the crash, there is often other evidence available. If the crash was recorded by street cameras or security video, the tape of the crash could be powerful evidence. Independent eyewitnesses are also an important part of any trial. In some cases, a witness could testify if the other driver made incriminating statements or admitted fault for the crash.

The physical evidence at the scene can play a major part in establishing liability. Accident reconstruction experts can review the scene of the crash and determine exactly where the vehicles were before they came to rest. It is hard to pursue claims when you don’t remember the accident but recovery is possible with the right legal counsel by your side.

Time Limit to File Suit

Every lawsuit in Georgia must be filed within statute of limitations. The statue of limitations is the mandatory deadline for the filing of a lawsuit. Compliance with the statute is important because the court has the power to dismiss a lawsuit if it was filed after the deadline expires.

Most personal injury lawsuits resulting from a car accident must be filed within two years of the crash. This deadline is especially critical if you lack any memory of the accident because your attorney will need additional time to investigate your claim.

How a Georgia Car Accident Lawyer Can Help

The more information about an accident you can provide, the better your chance of recovering compensation will be. However, assisting in your own claim can be challenging if you are unable to remember anything. In this situation, having the help of an experienced Georgia car accident attorney can go a long way in building a winning case. If you are ready to proceed with your injury claim, call an attorney at Williams Elleby to schedule a free consultation by dialing (833) LEGALGA.  At your free consultation, you can discuss your concerns about your memory and ask questions about how our firm would approach your case.

AAA: Dashboard Gadgets Increase the Likelihood of Accidents

Personal Injury Car Wreck Dashboard Gadgets Increase Accidents Attorney Georgia

When it comes to car manufacturers, the newest arms race for marketing a make or model is the inclusion of so-called infotainment systems. These combinations of hardware and software installed in vehicles can give the driver options to send text messages, navigate, or turn on a new podcast. But according to a new study from AAA, these technological advances can be a dangerous distraction.

The study, which was performed by the University of Utah on behalf of AAA, sought to rate 30 different 2017-model vehicles by how much attention their infotainment systems demanded. The participants in the study were between the ages of 21 and 36 years old. During the course of the study, the participants would use voice commands and touch screens to place phone calls, send text messages, navigate, or listen to music.

The study separated the vehicles into four groups based on the overall demand for attention each vehicle required of its driver. These four demand groups were Low, Moderate, High, and Very High. In the end, none of the 30 vehicles were considered to have an infotainment system that had low demand. Out of the remaining three groups, seven required a moderate demand of their drivers, 11 required high demand, and 12 required a very high demand.

The study tracked four activities that diverted driver attention:

  • Listening to the Radio
  • Tuning the Radio or Talking on the Phone
  • Texting
  • Using GPS Navigation

According to the study, merely listening to the radio was the least demanding, but it still involved a low level of demand for the driver’s attention. Changing the radio station or speaking on the phone was the second least-demanding, followed by texting. The study found that attempting to use GPS navigation was by far the most distracting aspect of infotainment systems in the models surveyed.

Researchers found that drivers took their eyes off the road for up to 40 seconds at a time while attempting to operate the GPS navigation system in some of these vehicles. To put that amount of time into perspective, a distraction of only one or two seconds is enough to lead to a collision.

It is easy to blame the addition of screens or even visual technology within windshields, but researchers are quick to point out that even voice-activated controls can be dangerous. The research shows that anything that diverts a driver’s attention from the core function of operating a motor vehicle can lead to an accident.

Contact a Georgia Attorney

Distracted driving has long been a major threat on Georgia roadways. If you suffered an injury in an accident caused by a distracted driver, you should contact an experienced personal injury attorney immediately. Attorney Chase Elleby is an experienced trial lawyer who has obtained substantial settlements and verdicts on behalf of his injured clients. Williams Elleby, will evaluate your case for free and accepts cases on a contingency fee basis. That means you won’t pay us anything unless we successfully obtain the compensation you deserve in your case. Williams Elleby, is located in Kennesaw, Georgia, but represents injured clients throughout the state. To set up your free consultation, contact Williams Elleby, at 833-LEGALGA.

Georgia’s Dram Shop Law & Drunk Driving

Drunk Driving and Dram Shop Statute in Georgia

If you have been injured in a vehicle collision with a drunk driver in Georgia, you may be able to pursue a claim against the restaurant or bar that over served the drunk. In Georgia dram shop lawsuits, the drunk driver isn’t the only party you can hold responsible. If an establishment knowingly over served the driver with alcohol prior to the accident, you may also have a claim against that establishment   . This claim may be brought thanks to what’s known as Georgia’s dram shop liability laws.

What Is a Dram Shop Law?

Georgia is one of 30 states nationwide to adopt some form of dram shop liability. While dram shop lawsuits are somewhat uncommon, Georgia juries have previously rendered significant verdicts against establishments that overserved drivers.

If a proprietor of a bar or one of their employees knowingly serves alcohol to a visibly intoxicated person, they may face liability if the intoxicated person goes on to injure someone in an alcohol-related accident.

In addition to visibly intoxicated patrons, dram shop laws also apply to anyone who serves a person less than 21 years of age. It makes no difference if the minor used a convincing fake ID to obtain alcohol; it is up to the establishment to determine when an ID is valid.

However, there are some exceptions to the rule. If the drunk driver consumes their own alcohol at the establishment, there is no liability on behalf of the owner or any employees. This is especially true in cases where an establishment does not sell alcohol at all. Additionally, there is an exception if the proprietor or employee has reason to believe the driver would not be driving later. Examples include if the driver had walked to the bar or had a cab waiting. Dram shop laws don’t apply in these situations.

Enforcement

It is up to business owners and employees to act with care when serving alcoholic beverages. The Georgia Department of Revenue is empowered to regulate alcohol license infractions, one of which has restrictions on overserving alcohol to patrons. But an investigative report has shown that they make little effort in actively policing bars and restaurants in an effort to curb overserving. While other states actively investigate bars to determine if they avoid overserving, the Georgia Department of Revenue has a reputation for not being as vigilant.

Discuss Georgia Dram Shop Laws With Our Georgia Dram Shop Lawyers

If you or a loved one have been injured in a Georgia traffic collision by a drunk driver, you may be entitled to seek monetary compensation from the responsible party. That compensation may include your medical bills, pain and suffering, property damage bills, lost wages, and punitive damages. And if the drunk driver that struck you was over-served by a Georgia bar or night club, you may be able to seek recovery from the establishment as well as the driver.

Attorney Joel Williams has a proven track record of recovering significant damages on behalf of his clients. Our experienced Georgia personal injury attorney, Joel carefully investigates every case to identify any legal issues and to provide his clients with an understanding of what to expect with an injury lawsuit. Contact Williams Elleby today at 833-LEGALGA today for a free consultation.

Can a Car Accident Cause Scoliosis?

Scoliosis and Personal Injury Caused by a Car Accident in Georgia

Scoliosis is the curvature of the spinal cord and it can be exacerbated by a car accident. While the spinal cord is typically straight, a bent or curved spine can lead to issues like back pain. If a negligent driver causes or exacerbates your scoliosis, you may be entitled to recover damages.

Although some studies suggest that scoliosis can be caused by trauma, the majority of scoliosis cases have no known cause. The important thing to remember after a car accident in Georgia is that a pre-existing diagnosis of scoliosis will not bar a personal injury claim after a car accident. This is because Georgia law allows a person to recover when a pre-existing condition is made worse or aggravated by trauma.

The Effect of Scoliosis

Scoliosis can lead to debilitating back pain. But unlike some injuries, you can’t count on scoliosis to heal naturally on its own. Without proper treatment, it is possible that your pain will be so severe you could be unable to work, drive, or care for yourself.

The methods for treating scoliosis can vary. In some cases, regular visits to your chiropractor can successfully straighten your spine and relieve your pain. In other cases, you may need to wear a back brace for extended periods in order for your scoliosis to resolve. In the most severe cases, you may require surgery to relieve the pain.

The Causes of Scoliosis

There are a variety of causes of scoliosis. Many people are born with scoliosis or deal with the condition from a young age. In some cases, it is so minor that it does not affect your quality of life. But some studies suggest that scoliosis can be caused by physical trauma like a car accident. There is little doubt that physical trauma can make the pain caused by scoliosis worse. This can be a trying experience for anyone injured in a wreck who has not previously experienced back pain.

Filing an Injury Claim for Scoliosis

When it comes to an injury claim related to scoliosis, the help of an experienced Georgia injury attorney can be invaluable. The responsible party, their attorney, and the insurance company will normally deny your claim and argue that your car wreck did not cause the scoliosis. 

If you are suffering from the effects of scoliosis due to the negligence of another driver, you may have a case for damages. And if your pain is so severe that you are unable to work, those damages can add up fast. You could face the financial burden of medical bills and lost wages in addition to your pain and suffering. It is important to keep a log of any pain you are experiencing, as well as a record of medical bills. This will ensure that you are prepared should you decide to try to collect compensation. 

In many cases, a car accident attorney in Georgia may be able to negotiate a favorable settlement without ever filing a lawsuit. However, if the responsible party refuses to pay, an attorney can file suit and pursue your damages through the court system.

If you are dealing with the effects of scoliosis brought on by a vehicle accident in Georgia, attorney Joel Williams and his staff are ready to help. Joel is an experienced Georgia personal injury attorney with an extensive track record of obtaining favorable results for his clients. To learn more, contact Williams Elleby today at 833-LEGALGA for a free consultation.

Obtaining a Car Accident Report in Georgia

Car Accident Report for Personal Injury Civic Case in Georgia

While a car accident is a stressful event, there is a very clear process in place to obtain a car accident report in Georgia. The first thing that you should do after a car accident is to call the police and report the accident. The police report will be a vital piece of evidence for your personal injury claim. If you file a personal injury claim with an automobile insurance company, the insurer will most certainly ask whether an accident report was filed and then ask for access to it.

What Is a Car Accident Report?

car accident report is a document that the responding police officers fill out while at the scene of the accident. It captures essential information about the who, what, when, where, and how of the accident. Specifically, this includes:

  • The names, addresses, contact number, and insurance information for those involved in the accident — this includes the drivers and passengers in both vehicles
  • Vehicle damage
  • The date of the accident
  • The time of the accident
  • The location of the accident
  • Contact information for any witnesses to the accident
  • Any injuries
  • Additional notes on behavior or circumstances surround the accident

How Do You Obtain a Car Accident Report?

There are usually two ways that you can obtain a copy of the police report: paid or free. If you do not want to spend any money, then after you file a claim with your insurance company, you can ask if they can obtain a free copy for you. If you decide to take the paid route, you will use the receipt number that the responding police officer provided to you at the scene of the accident and contact the traffic division of the police department to request a copy.

You will be required to pay a fee, but it is usually nominal. You can also access most Georgia Uniform Motor Vehicle Accident Reports at the website https://www.buycrash.com.

If you do not have the police report receipt from the responding officer, you can still get a paid copy from the traffic division by providing specific details of the accident as well as your name.

Usually a letter with the following language will be sufficient to obtain the accident report and other publically available evidence you may need: “Pursuant to the Georgia Open Records Act (O.C.G.A. § 50-18-70 & 50-18-71), I am requesting a complete copy of the original motor vehicle accident reports, photographs, dash cam videos, and any additional documentation you may have regarding an automobile wreck I was involved in on [INSERT DATE OF YOUR WRECK] in [INSERT COUNTY] at [INSERT ROAD NAME WHERE THE WRECK OCCURRED].”

How Is a Car Accident Report Used in a Lawsuit or Settlement?

Prior to trial, a police report is extremely useful during settlement negotiations with the automobile insurance company. Unfortunately, the complete police report is usually not admissible evidence if your personal injury case ends up going to trial. Some portions of the report may be admissible while other portions are not.

For More Information, Contact Our Georgia Car Accident Lawyers

Obtaining a car accident report is pretty straightforward and painless — which is a good thing considering how important it is to your Georgia car crash case. If you have recently been in a car accident in Georgia and think that you may want to file a personal injury claim, it’s best to seek out an experienced legal professional. Contact Williams Elleby to schedule a free consultation by calling 833-LEGALGA.

Rapper TI’s Sister Killed in Georgia Traffic Accident

Shattered Windshield and Deployed Airbag Personal Injuries in Vehicle Collision

Precious Harris, the sister of rapper T.I. that regularly appeared on the reality show T.I.’s Family Hustle, died as a result of a vehicle accident in Atlanta on February 12, 2019. Her granddaughter, a passenger in the vehicle, was treated for chest pain but was ultimately released from the hospital.

The Accident

Harris, 66, was operating a 2013 Dodge Avenger owned by her brother on February 12 when she collided with a telephone pole in Atlanta. Emergency personnel rushed Harris to the hospital where she remained unresponsive in the intensive care unit. On February 22, Harris died from her injuries.

According to later reports, Harris suffered an asthma attack before the collision. According to her granddaughter, the attack was so severe that Harris passed out behind the wheel. After losing consciousness, the car crashed into a nearby pole. No other vehicles were involved in the collision. Although Harris was still breathing when emergency personnel arrived on the scene, she was quickly rushed to the hospital after she began foaming at the mouth.

Medical Emergencies and Traffic Accidents

The accident that cost Harris her life thankfully didn’t involve other drivers. However, if Harris had struck and injured another driver after her sudden asthma attack, Georgia law may have prevented the injured party from recovering damages from Harris.

A genuine medical emergency can render a driver incapable of controlling their vehicle. Because this loss of control is involuntary, a bona fide medical emergency is a complete defense to a negligence case under Georgia law. In other words, if a driver causes an accident that would otherwise constitute negligence, they are not at fault for the damages of anyone they injure if a medical emergency caused the crash. An emergency can be the result of an unknown medical condition or an unexpected reaction to prescribed medication. This is bad news for any injured party hoping to recover their damages from the driver or their insurance company.

While this defense may sound insurmountable, there is an important caveat. If the driver that suffered the medical emergency had notice that the medical condition could cause them to lose control of their vehicle, they are not entitled to use their medical emergency as a defense to avoid liability. That’s because any driver that was aware of the risk of driving with that condition and ignored it is not operating with the necessary ordinary care.

In cases like this, having a strong personal injury attorney can make the difference between recovering the damages you deserve and walking away with nothing. Whether a defendant had notice of their condition is a matter for the court, and it is up to your attorney to prove that the medical emergency defense should not apply in your case.

If You Have Been in a Georgia Traffic Accident, Contact Williams Elleby Today

Every driver has the duty to remain focused behind the wheel and drive in a safe manner; those who don’t will face liability for any people they injure or property they damage. And while it is a complete defense if an accident occurs due to an unexpected medical emergency, the truth is that some drivers use this excuse to avoid liability. If you suffered an injury in a car accident, you need a zealous advocate who will hold the other party responsible for their actions. If your accident occurred in the Georgia, the attorneys you need are at Williams Elleby. To discuss your case with an experienced Georgia personal injury attorney, contact Williams Elleby today at 833-LEGALGA.

Who Is Responsible for a Georgia Rear-End Accident?

Responsible For A Rear-end Car Accident Causing Personal Injuries in Georgia?

It is a commonly held belief by many Georgia drivers that the fault in a rear-end collision is easy to determine and that the driver that rear-ends the other is always at fault. And while that is usually the case, the reality is that there are exceptions to this rule. Rear-end collisions make up a large portion of the more than 385,000 traffic accidents that occur in Georgia each year. That’s why it’s important to understand when drivers may share fault in a rear-end collision, as these accidents contribute to Georgia’s relatively high cost of insurance. Shared fault can have a major impact on a personal injury claim due to Georgia’s adoption of contributory negligence laws.

What Is Contributory Negligence?

Under Georgia’s contributory negligence laws, a plaintiff in a personal injury lawsuit may recover a portion of their damages even when they bear some of the responsibility for the collision. The jury in the case will make a determination of what percentage at fault the plaintiff is. The jury will then take this “fault percentage” and apply it to the total value of the damage in the case. For example, if the jury finds there were $100,000 worth of damages but the plaintiff was 30 percent at fault, the plaintiff will lose 30 percent of their recovery. The end result would be an award of $70,000 for the plaintiff. In cases where the plaintiff is partially at fault for a rear-end collision, the total recovered will be reduced. If a jury ultimately determines that the plaintiff was primarily at fault for the accident, the award will be zero.

Examples of Shared Fault Georgia Rear-End Collisions

There are a handful of scenarios in which liability for a rear-end crash could be split. The first and most common is when the driver of the front vehicle makes a sudden maneuver. This can include anything from a rapid lane change or a sudden stop. While the following driver has a duty to not follow too closely behind the front vehicle, there may be a case for split liability if the driver of the front vehicle makes a move that is so sudden that a collision could not reasonably be avoided.

Another common example where liability for a rear-end collision could be split is the presence of a mechanical defect or failure. If the front driver knowingly operates a vehicle without working brake lights or turn signals, there is a strong argument that the front driver is liable. This includes both mechanical defects as well as a driver’s failure to activate a car’s headlights or blinker.

If You’ve Been Rear-Ended in Georgia, Contact Williams Elleby Today!

In the vast majority of cases, a driver can prevent causing rear-end collisions by traveling at a safe distance behind the car in front of them and paying close attention to traffic and road conditions. If you have suffered an injury from a rear-end collision, contact an experienced Georgia personal injury attorney right away. Your attorney will explain the process of recovering your damages to you and help gather evidence in preparation for trial. If your case ends up before a jury, your attorney will use that evidence to make the case that it was the defendant’s lack of care that caused the accident, not yours. To discuss your case with an experienced Georgia car accident attorney, contact Williams Elleby today at 833-LEGALGA.

Traffic Fatalities Spike Due to Distracted Driving

injury due to car accident

The Valdosta Daily Times reports that traffic fatalities in Georgia have risen sharply in recent years and a major culprit is distracted driving. According to the Georgia Department of Transportation, there were 1,514 traffic fatalities in Georgia in 2018. 70% of fatalities in crashes are caused by unsafe driving behaviors and one of the deadliest unsafe behaviors is distracted driving.

For years, experts have been hopeful that advances in technology will lead to a reduction in the fatal accidents on America’s roadways. Innovations like automatic emergency braking systems and lane departure warnings have made an impact in accident rates as well as the severity of collisions. But in many ways, new technology can be both a blessing and a curse when it comes to driver safety. Between the prevalence of smartphones and in-dash infotainment systems, distracted driving is having a more significant impact on collision rates. A 2018 study from the Insurance Institute of Highway Safety (IIHS) suggests that fatalities attributed to phone-based distracted driving have increased in recent years. The Virginia drivers observed during the “2018 IIHS roadside survey were 57% more likely to be manipulating a cellphone than drivers in a 2014 survey.”

Mobile phones may be the most obvious cause of distracted driving but there are other things such as eating, grooming, smoking, and even disciplining children that can cause our attention to turn away from the roadway.

According to the Centers for Disease Control and Prevention (CDC), there are three main types of distractions that drivers fall prey to:

1. Visual distractions. These are distractions that take your eyes off the road, like looking at a cell phone or turning to talk to someone in the back seat.

2. Manual distractions. Any distractions that cause you to take your hands off of the steering wheel are manual distractions.

3. Cognitive distractions. These are distractions that cause you to take your mind off of driving. For instance, although hands-free technology for talking on a cell phone is a safer option, conversing can still cause you to be cognitively distracted. Avoid talking on the phone while driving unless it is truly necessary.

Stay Focused When You Drive

Because driving is a day-to-day activity, we sometimes take for granted that we will stay safe on the road.  Driving is a life-or-death activity that demands our full attention. We should all do our best to avoid visual, manual, and cognitive distractions.

Remember the risk that comes with things like using your phone, eating, using your navigation system, or interacting with other passengers as you drive – and choose to refrain from those activities until after you are done driving.

Never text, use the Internet, or use apps while on your phone while you are driving. These phone-based activities are visual, manual, and cognitive distractions all rolled into one dangerous behavior. As the CDC website points out, “Sending or reading a text message takes your eyes off the road for about 5 seconds, long enough to cover a football field while driving at 55 mph.” Thinking about a driver not paying attention to the road for that long is a scary thought.

If the risk of physical injury is not enough to dissuade someone from distracted driving, some states have laws prohibiting the use of cell phones. For example, in Georgia, it is illegal to hold your phone while driving.

If You’ve Been in an Accident, Contact Williams Elleby Today!

We all have a duty to stay focused on the road and drive with care every time we get behind the wheel. If you’ve been injured in an accident caused by a distracted driver, you are entitled to compensation for your injuries. The experienced auto accident attorneys at Williams Elleby work tirelessly to get justice for personal injury victims throughout Georgia.

Joel Williams or Chase Elleby can investigate the facts of your case, help you understand your legal rights and options, develop an effective legal argument on your behalf, and vigorously pursue justice for you in pre-suit negotiations or court. If you think you have a claim, contact our Georgia personal injury attorneys to schedule your free consultation today at 833-LEGALGA.

What an Experienced Personal Injury Attorney Can Do for You

experienced personal injury attorney

If you have suffered a personal injury due to the conduct of someone else, hiring the right personal injury attorney to help you with your case is crucial. When personal injury victims try to get compensation without an attorney, they often don’t know the procedure for making a claim, don’t understand what rights to compensation they really have, and misjudge the value of their claim. Defense attorneys know all of these things and take advantage of unrepresented claimants. An experienced personal injury attorney that is familiar with your local laws can help you get the compensation you deserve. 

Help You Understand Your Legal Rights and Options 

Personal injury victims are often overwhelmed following an accident. It can be difficult to know what to do and what to expect going forward, not to mention how stressful it is coping with an injury. One of the most valuable benefits of hiring an experienced personal injury attorney after an accident is the peace of mind that a case evaluation can bring. 

Investigate Your Case 

Your attorney can help you gather all of the important information you will need to successfully make a personal injury claim. This will usually include investigating the cause of an injury and gaining access to your medical records. By investigating the underlying facts of your case, your attorney can determine all of your possible legal arguments, what evidence will be needed, and who all the possible defendants are. 

File the Right Paperwork 

One of the defining features of the practice of law is paperwork. An experienced personal injury attorney will know exactly what paperwork you need to file to succeed in making your claim. Having an attorney handle your case saves you the time and energy that this paperwork requires, and more importantly, ensures that your case is not derailed by technical mistakes. 

Negotiate on Your Behalf 

Most attorneys negotiate regularly as a part of their job. A personal injury attorney can use their knowledge of the law to negotiate a fair settlement on your behalf and make sure that you don’t accept a low-ball offer. 

Vigorously Represent Your Interests in Court 

Although the vast majority of personal injury cases settle before going to court, this isn’t always possible. Sometimes defendants have a genuine disagreement about the law. Other times they are simply stubborn or otherwise unresponsive to negotiation attempts. When this is the case, it is imperative that personal injury victims have a qualified and experienced attorney advocating for their rights at every stage of litigation. 

To Discuss Your Case, Contact Williams Elleby, Today 

If you’ve been injured in an accident, you don’t need to navigate the legal process alone. Williams Elleby, offers free case evaluations and accepts cases on a contingency fee basis. This means that our clients don’t pay a dime in attorney’s fees unless and until we win their case for them. Located in Kennesaw, Georgia, Williams Elleby, serves clients throughout the state of Georgia in all types of personal injury cases. Contact us today to discuss your case by calling 833-LEGALGA.

When Should I File My Personal Injury Claim?

file personal injury claim

Following a personal injury, people often know that they have a legal right to compensation, but it can be difficult to know how to proceed. If you have been injured in an accident, you should consult with an attorney to understand your legal rights and options. Filing a claim for compensation is one such option, and knowing when to file is important. 

So when should a personal injury claim be filed? The short answer is that you should not file your personal injury claim right away. It takes time to figure out the true value of a case and to investigate who all of the possible responsible parties might be. And even if you have a good case, it is important to consider whether it is worth the time and expense to bring a claim given the defendant’s ability to pay. 

If a lawsuit is viable, the most important thing to keep in mind is that statute of limitations for your claim. The statute of limitations establishes a set time period within which a claim must be made or else it will be barred. The statute of limitations for tort claims in Georgia is found in the Official Georgia Code Title 9 Chapter 3 Section 33, which states: “actions for injuries to the person shall be brought within two years after the right of action accrues.” An action “accrues” when a victim knows that they have been injured by the defendant’s conduct. Therefore, in most personal injury cases, the two-year limitations period begins as soon as the accident occurs. 

Insurance Claims 

In some cases, a personal injury victim can be fairly compensated by making a claim directly to the insurer of the responsible party. Often, insurance companies will attempt to offer as little as possible to claimants and will take advantage of claimants that do not fully understand the value of their case. It is a good idea to consult with a personal injury attorney before accepting any offer from an insurance company. 

Negotiations 

If an insurance company rejects a claim or refuses to pay an acceptable amount, or if a responsible party didn’t have insurance to begin with, a personal injury victim’s only option may be to file a lawsuit. It is often possible to negotiate a settlement before filing a lawsuit. A demand letter from an experienced personal injury attorney coupled with effective negotiation can sometimes result in a defendant offering a reasonable settlement before a lawsuit is filed to avoid the expense and risk of trial. 

Never Forget About the Statute of Limitations for Georgia Injury Lawsuits 

The most important thing for personal injury victims to remember is that they must file their claim before the statute of limitations period expires. Because it takes time to prepare a lawsuit to be filed, personal injury victims should hire an attorney to begin working on their case well in advance of this date. Once the statute of limitations period has expired, a claim is completely barred. 

For More Information, Contact Williams Elleby, Today 

If you have been injured in an accident, Williams Elleby, is here to help. Located in Kennesaw, Georgia, Williams Elleby, represents personal injury claimants throughout the state of Georgia in all types of personal injury cases, including auto accidents, products liability, premises liability, medical malpractice, and wrongful death cases. To schedule a free consultation, contact Williams Elleby, today by calling 833-LEGALGA.