When a car wreck is caused by negligence, injured parties can pursue a personal injury lawsuit to recover compensation. These individuals can pursue various types of damages to compensate for their property damage and other losses.
Contact one of our experienced auto collision attorneys for an honest discussion about recoverable damages after a Pooler car accident. Our collaborative and service-oriented legal team is here to help you get through this challenging situation.
Personal injury lawsuits from car wrecks usually rely on the legal theory of negligence. Under Ga. Code § 51-1-13, individuals who suffer bodily injuries have a legal cause of action against the responsible party.
Several different categories of compensatory damages are available from a Pooler car wreck, including economic, noneconomic, and punitive damages. Economic damages refer to losses that have a measurable financial value, such as:
Non-economic damages compensate injured parties for immeasurable harm that has no set dollar value, including:
According to Ga. Code § 51-12-5.1, injured parties can also pursue punitive damages under unique circumstances. Punitive damages are intended to punish the defendant and deter future misconduct or reckless behavior.
The first step after an auto crash is to ensure safety and seek immediate medical attention if you suspect injuries. You should also collect as much information as possible from other parties involved in the collision, including information about insurance and registration.
Ga. Code § 40-6-273 requires that drivers promptly contact law enforcement for accidents that lead to injury, death, or property damage exceeding $500. Ensuring accurate documentation of damages or losses from a collision is critical. You should seek out any applicable police reports, witness statements, crash scene analysis, and video or photo evidence that can prove fault.
In addition, promptly contact each driver’s insurer to begin the claim process. Speaking with a Chattahoochee Injury Law attorney as soon as possible after the accident can help you understand legal liability. A Pooler lawyer can help clients evaluate their potential damages and the available legal theories for pursuing a car accident lawsuit.
Generally, there are no financial caps for recoverable damages from a Pooler car collision. However, courts can limit the injured party’s damages in specific scenarios.
If the individual contributed negligence to the accident, a court may limit their damages under Georgia’s policy of modified comparative negligence. Ga. Code § 51-11-7 prohibits plaintiffs from recovering damages when their own negligence was partly responsible for the accident.
Similarly, Georgia courts will not allow a plaintiff to recover damages if they bear 50 percent or more responsibility for causing the accident. Plaintiffs can still recover damages provided they remain below this threshold, but the court will reduce their damages proportionally with their own fault.
According to Ga. Code § 51-12-5.1, punitive damages are also sometimes limited. In certain cases, plaintiffs in personal injury lawsuits cannot recover more than $250,000 in punitive damages.
Determining damages from an auto collision can require a wide range of legal considerations. After a Pooler car accident, you should contact one of our knowledgeable personal injury attorneys to evaluate recoverable damages.
Our honest and compassionate legal team is here to help you through this difficult time. We are a service-oriented firm that takes pride in our honest approach with our clients.
