Obtaining a Car Accident Report in Georgia

A typed list describing types of vehicle collisions including head-on, side swipe, rear end, broadside, etc.
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?

A 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 Howard & Easter to schedule a free consultation by calling 833-LEGALGA.

Rapper TI’s Sister Killed in Georgia Traffic Accident

The inside of a wrecked vehicle with a shattered windshield, crocked rearview mirror and deployed airbag.

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 Howard & Easter 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 Howard & Easter. To discuss your case with an experienced Georgia personal injury attorney, contact Williams Elleby Howard & Easter today at 833-LEGALGA.

Who Is Responsible for a Georgia Rear-End Accident?

A side view of the smashed frontend of a silver car rearending a black car.

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 Howard & Easter 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 Howard & Easter 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 Howard & Easter, Today 

If you’ve been injured in an accident, you don’t need to navigate the legal process alone. Williams Elleby Howard & Easter, 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 Howard & Easter, 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 Howard & Easter, Today 

If you have been injured in an accident, Williams Elleby Howard & Easter, is here to help. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, 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 Howard & Easter, today by calling 833-LEGALGA.

7 Ways to Maximize Your Settlement After a Back Injury 

maximize settlement back injury

Sustaining a back injury is a difficult thing to endure. There are several types of back injuries that personal injury lawyers encounter on a regular basis, such as whiplash, herniated discs, spinal cord injuries, and spondylolisthesis. No matter what type of back injury a person suffers, they are almost always serious and painful. They are also the type of injuries that tend to cause permanent disability or lingering discomfort and thus often have a lasting impact on a person’s life. 

When back injuries are caused by negligence, victims are entitled to compensation for their harm. Hiring an experienced personal injury attorney is the best way for an accident victim to ensure that they receive everything they deserve.  Below are some other important things to keep in mind. 

1. Carefully Document Everything 

A claim is only as valuable as the evidence backing it up. If an allegation can’t be proven, it isn’t worth much in a court of law. This is why you should carefully document everything you can about the accident. It is a good idea following an auto accident to contact police and ask for a police report. You should also carefully document all of the medical care you receive, any expenses related to the accident, and record any work that you have missed as a result of the personal injury. 

2. Get Medical Care From a Back Injury Specialist 

It is essential in any back injury case to have detailed and thorough medical records in support of the claim. Personal injury victims need to present clear evidence that an injury was caused by the accident and not by something else. A doctor who is a back injury specialist will be able to explain with greater precision how the accident caused the injury and what the extent of damage is. The defendant is also likely to have their own medical expert testify that your injury is not as bad as you claim. It is important to have the support of someone qualified to refute this. 

3. Appreciate the Full Value of Your Claim 

When a personal injury plaintiff wins a judgment in a Georgia court, they are entitled to both “special” and “general” damages. Special damages compensate victims for both past and future medical expenses, past and future lost wages and other quantifiable financial loss. General damages compensate for the non-economic loss, like pain and suffering. Personal injury victims should carefully consider all their potential damages and consult with an attorney if they aren’t sure what their case is worth. 

4. Negotiate 

Too often victims take the first offer that is made to them because they think that is all they deserve or will be able to get. It is almost always a good idea to negotiate because insurance companies will almost always initially offer less than a claim is worth. 

5. Avoid Social Media 

One of the worst things about a back injury is how much it can impact a person’s daily life. This loss of enjoyment is a type of pain and suffering that is compensable. If a plaintiff can no longer do certain activities, for instance, they may be entitled to compensation on that basis. Savvy defense lawyers will often closely watch a plaintiffs’ social media profiles to try to find evidence that a plaintiff is exaggerating how bad their injury is. This is not always fair, because while a person may look like they are having fun and being active on social media, they may be suffering in private. The best practice is to avoid allowing a defense lawyer the opportunity to take any of your photos out of context by simply abstaining from all social media while your case is pending. 

6. File Your Claim in Time 

All civil claims must be made within a certain time period or else they will be completely barred. Under the Georgia Statute of Limitations for tort claims, personal injury lawsuits for back injuries must generally be made within two years of the date of the accident. It is important to begin pursuing compensation well in advance of this. 

7. Get Your Settlement in Writing 

Personal injury settlement agreements should always be in writing. If a settlement isn’t in writing, it may not be enforceable. Although Georgia does recognize oral agreements as valid, they can be difficult to prove. 

For More Information, Contact Williams Elleby Howard & Easter 

If you would like more information or would like to discuss your case, contact Williams Elleby Howard & Easter, by calling 833-LEGALGA today.

Is Property Damage Included in a Personal Injury Lawsuit? 

personal injury lawsuit property damage

In almost all auto accident cases, the victim has both a personal injury and a property damage claim. Under Georgia law, these are two distinct claims. A plaintiff can claim both personal injury and property damages in a single lawsuit, but the court will consider them individually rather than as one claim. 

Generally, auto accident victims will pursue personal injury and property damages separately. The biggest reason for this is that a property damage claim is much easier to resolve. It is not unusual for a settlement to be reached within a few days or weeks of an accident for a property damage claim. In the vast majority of cases, the property damage claim is resolved much quicker than the personal injury claim. 

Can Property Damage Be Included as Part of My Settlement? 

Although property claims are distinct from personal injury claims, your property damage can be considered as part of an overall settlement agreement. After all, a settlement is a private agreement between two parties and can generally include whatever terms the parties agree to. If a plaintiff has a personal injury and a property claim, it is possible to settle both in one agreement. 

Types of Damage Recoverable in a Property Damage Claim 

Property damage lawsuits are designed to compensate victims for vehicle damage, any other property damage that occurred as a result of an accident, and any costs associated with the vehicle damage. Common types of damages include: 

  • The cost of repairing or replacing the vehicle; 
  • The cost of repairing or replacing personal items that were inside the vehicle and were damaged as a result of the accident; 
  • Towing expenses if the vehicle had to be towed after the accident; 
  • Rental car expenses if the victim needed to rent a car following the accident; and 
  • The cost of repairing any other property damage that occurred as a result of the accident. 

The Statute of Limitations for Personal Injury and Property Damage Claims 

Civil lawsuits must be filed within a certain period of time under something referred to as statutes of limitations. Each state in the United States has different statute of limitations laws that establishes how long a tort victim has to bring a claim. In Georgia, personal injury and property damage claims are governed by different limitations periods. Under the Official Code of Georgia Title 9 Chapter 3 Section, auto accident victims must file a personal injury lawsuit within two years of the date of an accident and must file property damage claims within four years. 

For More Information, Contact Williams Elleby Howard & Easter, Today 

The experienced personal injury attorneys at Williams Elleby Howard & Easter, work hard to maximize compensation for personal injury victims in Georgia. Although our focus is on personal injury law, we will seek compensation for property damage as well when our clients also have property damage claims. 

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, serves clients throughout the State of Georgia in both state and federal courts. Williams Elleby Howard & Easter, is dedicated to providing thorough, accessible, and effective service to each personal injury client it serves. If you would like to learn more or would like to schedule a free case evaluation, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.

Finding A Reputable Doctor After a Roswell, GA, Car Accident 

One of the most important things for victims of auto accidents to do is to find a reputable doctor. A reputable doctor that has experience dealing with the specific type of injuries suffered can not only provide the best possible care but also can prepare the type of medical record that an accident victim will need to utilize later on when and if they bring a personal injury claim. 

Find a Specialist 

Following an accident, it is usually not the best option to rely on your primary care doctor. He or she may be an excellent doctor that you trust, but a specialist is almost always a better option for treating accident injuries. In most instances, when a car accident victim visits their primary care doctor, their primary care doctor will refer them to a specialist anyway. 

One of the most critical pieces of evidence in any personal injury claim is the plaintiff’s medical records. Specialists focusing on the type of injury you have will be able to create records with more detail and expertise. Moreover, a specialist will simply be better equipped to provide you with the care you need. 

Act Immediately 

It is important to document your condition as soon as possible after an accident. As more time passes, it may be possible for the defendant to argue that some other cause of your harm arose in the meantime. Under some insurance policies, you may also waive coverage if you don’t see a doctor within a certain number of days. If you are bringing a legal claim but can’t afford to pay a doctor, you may be able to find one that will work for a medical lien. This means that the doctor is not paid up front, but instead receives an ownership interest in any potential settlement that comes from a personal injury lawsuit. This option is specifically provided for under Georgia law. 

Be Honest With Your Doctor 

When you do get an appointment to see a doctor following a personal injury, such as a car accident, be honest. Sometimes accident victims are afraid that pre-existing conditions will ruin their claim. Regardless of whether a pre-existing helps or hurts a claim, you should always give your doctor full and truthful information about your health. The opposing party in a personal injury suit will likely find out everything there is to know anyway. Similarly, there is little purpose in exaggerating or embellishing your condition. Doctors and skilled defense attorneys see through that. 

Get Help from an Experienced Personal Injury Attorney 

Victims of accidents caused by another driver’s negligence are entitled to compensation for things like medical bills, lost wages, and pain and suffering. The experienced personal injury attorneys at Williams Elleby Howard & Easter, work hard to get car accident victims the compensation they deserve. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter, helps accident victims throughout Georgia in both state and federal court. 

Williams Elleby Howard & Easter takes cases on a contingency fee basis and offers free case evaluations. This means that our clients don’t pay us any fees unless and until we win their case for them. If you would like more information or discuss your case, contact Williams Elleby Howard & Easter, today by calling 833-LEGALGA.

Why You Should Never Hire a Lawyer You Don’t Know That Contacts You After a Car Accident 

never hire lawyer contacts

A car accident can be traumatic. It takes time for people to recover. Unfortunately, some unscrupulous lawyers attempt to take advantage of this by soliciting accident victims when they are most vulnerable. These types of attorneys are the proverbial “ambulance chasers” that give the practice of law a bad name. These practices are illegal and unethical. Attorneys practicing in this way are frowned upon by the Georgia legal community and the State Bar of Georgia. 

The Use of “Runners” 

Often, attorneys attempting to gain clients in this way will have third-parties identify and solicit potential clients for them by checking accident reports and hospital records. These are commonly referred to as “runners.” At their worst, runners will actually visit accident victims in the hospital following a car accident and attempt to talk them into consulting with a particular attorney. 

If a stranger ever approaches you or contacts you after an accident to tell you that they know an attorney that can help, they are probably working as a runner. Accident victims should know that this type of behavior by attorneys is completely unethical. This is true regardless of whether an attorney solicits clients personally or uses the services of a runner. If an attorney is caught soliciting clients in this way, the maximum punishment under the Georgia ethics rules is disbarment. 

Georgia Laws and Ethics Rules Prohibit Predatory Solicitation Behavior 

All Georgia attorneys are bound to follow the Georgia Rules of Professional Conduct. Rule 7.3 deals with the solicitation of prospective clients. In pertinent part, this rule reads: 

(a) A lawyer shall not send, or knowingly permit to be sent, on behalf of the lawyer, the lawyer’s firm, lawyer’s partner, associate, or any other lawyer affiliated with the lawyer or the lawyer’s firm, a written communication to a prospective client for the purpose of obtaining professional employment if: 

(3) the written communication concerns an action for personal injury or wrongful death or otherwise relates to an accident or disaster involving the person to whom the communication is addressed or a relative of that person unless the accident or disaster occurred more than 30 days prior to the mailing of the communication; or 

(4) the lawyer knows or reasonably should know that the physical, emotional or mental state of the person is such that the person could not exercise reasonable judgment in employing a lawyer. 

(d) A lawyer shall not solicit professional employment as a private practitioner for the lawyer, a partner or associate through direct personal contact or through live telephone contact, with a non-lawyer who has not sought advice regarding employment of a lawyer. 

As noted previously, the maximum penalty for violating Rule 7.3 is disbarment. The Georgia legislature has also passed a law intended to crack down on the use of runners which provides for additional punishment. The Official Code of Georgia Title 33 Section 24 Chapter 53 defines a runner as a person “who receives a pecuniary benefit” from an attorney in return for soliciting clients. 

Never Risk Hiring a Lawyer You Don’t Know That Contacts You After an Accident 

If you have been injured in an accident, you never want to risk hiring an attorney that is behaving unethically like this, because chances are any attorney desperate enough to risk disbarment to get new clients is not a very good attorney. If you have been solicited in an inappropriate way following an accident, you can file a complaint with the Georgia Bar Association. If you would like more information about this issue, contact Williams Elleby Howard & Easter, today.

Where Do I File the Lawsuit in my Car Accident Case? 

where file lawsuit car accident

Following a car accident, there are two important concepts that dictate where a personal injury victim can bring a lawsuit against the responsible party: jurisdiction and venue. Jurisdiction is the power of a court to render a judgment in a case. Subject matter jurisdiction gives a court the power to hear a particular type of case, whereas personal jurisdiction gives a court the power to render a judgment against an individual defendant. But in most cases, there are multiple courts which have both subject matter and personal jurisdiction. Venue rules narrow things down further to determine which of these courts is proper. 

Subject Matter Jurisdiction 

Every county in Georgia has either a State Court or Superior Court that has subject matter jurisdiction to hear personal injury claims. If a plaintiff and defendant are from different states, and the case is valued at over $75,000, it is possible to bring a claim in federal court under what is known as diversity jurisdiction. Federal courts also have subject matter jurisdiction in cases involving federal law. 

What is Personal Jurisdiction? 

Personal jurisdiction is the power of a court to render judgments over an individual. The requirement that courts have personal jurisdiction is rooted in the United States Constitution. Specifically, the concept stems from the Due Process clause of the Fourteenth Amendment, which establishes that every person in the country has a right to due process of law. Accordingly, the United States Supreme Court has recognized that it fundamentally violates due process to subject a person to the judgments of a state that they may have never even been to. Therefore, a state court can only render a judgment over someone that has had “minimal contacts” with that state. 

If a defendant was driving in the State of Georgia and caused an accident in the state, this would automatically qualify as “minimal contacts.” Therefore, the State of Georgia will always have personal jurisdiction over defendants that caused an accident in the state. Courts in a defendant’s home state, or “domicile,” will also automatically have personal jurisdiction over them. 

Claims Against Out-of-State Defendants 

If a defendant caused an accident in the State of Georgia, then the State of Georgia will have personal jurisdiction over them. Period. It doesn’t matter if the person was only visiting and then went back home to Timbuktu. Georgia statutory law has defined the personal jurisdiction that Georgia courts hold over out-of-state defendants that commit torts in Georgia under the Georgia Long Arm Statute. According to this law, Georgia “may exercise personal jurisdiction over any nonresident” that “commits a tortious act or omission within this state.” 

Accidents Occurring Out-of-State 

When an accident occurs in another state, a lawsuit will either need to be made in that state, or the state where the defendant is domiciled. For instance, if a Georgia resident travels across the state line into Florida and is in an accident with a vacationer from New York, they could not bring a claim in Georgia. They would need to bring their claim in either Florida or New York. 

Proper Venue 

Venue rules narrow things down further. Each state has its own venue rules. Determining the proper venue for a tort case in Georgia generally depends on where the defendant lives. 

The basic venue rule. The basic venue rule for personal injury actions in Georgia is that venue is proper in the county where the defendant lives. So, although the entire State of Georgia will have personal jurisdiction over a defendant that lives in Georgia, proper venue will only be in the county where they are from. 

Joint tortfeasors. When a case has multiple Georgia-domiciled defendants, a suit may be filed in the county where any of the defendants live. 

Out-of-state defendants. If a lawsuit is filed against an out-of-state defendant, special venue rules apply. If a claim is brought under the Georgia Long Arm Statute, venue is proper in the county where the accident occurred.  Claims against out-of-state defendants can also be brought under the Georgia Non-Resident Motorist Act. Under this law, venue is proper in the county where the accident occurred, or in the country where the victim lives. 

Corporate defendants. Generally, artificial persons like corporations must be sued where they are registered or where their business is headquartered. 

For More Information, or to Discuss Your Case, Contact Williams Elleby Howard & Easter 

Establishing jurisdiction is often hotly contested. Sometimes one party wants the case to be heard in state court and the other in federal court. Sometimes a defendant denies that the State of Georgia has personal jurisdiction over them. And even once jurisdiction is determined to exist, the proper venue can sometimes also be contested as well. It important for personal injury victims to consult with experienced personal injury attorneys to find out where they can bring their claim. 

If you have been injured in a car accident and would like more information, contact Williams Elleby Howard & Easter, today. The experienced and qualified personal injury attorneys at Williams Elleby Howard & Easter, have deep knowledge of personal injury law and the Georgia court system. They are dedicated to getting accident victims the compensation they deserve. Call today to schedule a free consultation at 833-LEGALGA.