If your car is struck by a reckless driver while traveling in Georgia, you may have the ability to obtain compensation from that individual. A financial award may be used to pay medical bills, recoup lost wages or repair your car. Let’s take a closer look at what you should know about taking legal action after a car wreck.
How long do you have to file a lawsuit?
In the state of Georgia, you typically have up to two years after the wreck to file a lawsuit against the person who you believe caused it to occur. Depending on the circumstances of your case, you may have more time to take such action. This may be true if you are under the age of 18 when the motor vehicle accident occurs. The statute of limitations clock may also toll if you were incapacitated, incarcerated or otherwise incapable of filing a lawsuit.
How do you prove that negligence occurred?
To obtain a favorable outcome in your case, you’ll need to show that the other driver acted in a negligent manner. For instance, if you can show that the defendant was impaired, distracted or asleep when the accident occurred, you would likely meet your burden of proof.
You may be required to engage in settlement talks
A judge will likely insist that you engage in settlement talks prior to scheduling a trial date. It’s also worth noting that you have the ability to settle the case even after a trial begins. Resolving the matter outside of court may allow you to save both money and time.
Ideally, you will settle on a legal strategy as quickly as possible in your personal injury case. Doing so may help to ensure that you don’t lose the right to take your case to court or otherwise put yourself at a disadvantage during the legal process.