How Long Will My Car Accident Take? Medical Bills - Liability and Presumptions
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The General Rule About Who Pays Medical Bills During Car Accident Cases
The At-Fault Driver is Ultimately Responsible for the Bills
You May Need to Pay While Your Case Works through the System
Seek Help From an Experienced Car Accident Attorney
How Long Will My Car Accident Take?
Vital Tips Regarding The Timeline After a Car Accident
Settlement of a car accident case can span from one month to several years. As the injured party, you are already receiving medical bills in the mail, you have been out of work due to your injuries, and you have spent countless dollars on miscellaneous expenses that came about as a result of the accident.
It’s understandable that you have a sense of urgency when it comes to how the case will be disposed. Information must be exchanged between the parties, negotiations must be made, costs pertaining to medical expenses and property damaged must be accounted for, and the best interests of both parties must be considered.
In the event that you have retained a vigilant attorney who is not likely to take the first offer or cave at the first sign of difficulty, prepare yourself for the “long haul” where litigation can take several months. Statute of Limitations must be considered when one looks to determine how long their litigation will be carried out. Additionally, keep in mind that the Statute of Limitations laws vary from state to state.
In Georgia, you have:
2 years from the date of the car accident to file a lawsuit for personal injury (Ga. Code Ann. § 9-3-33)
4 years from the date of the car accident to file a lawsuit for property damage (i.e. damage to a vehicle) (Ga. Code Ann. § 9-3-32)
Georgia Specific Rules
Georgia is a “fault” insurance state, which allows them to file a personal injury lawsuit against the other motorist who is determined to be “at fault.”
The minimum car insurance coverage requirements for drivers in Georgia are:
-$25,000 for the injury or death of one person. This would encompass you, any passenger present in the vehicle, another driver, or even a pedestrian who received damage as a result of the accident.
-$50,000 for the injury or death of more than one person in a single accident
-$25,000 for property damage
Unlike several other states, Georgia motorists are not required to carry uninsured motorist coverage.
In the case that the opposing insurance company is taking full responsibility for the injuries incurred, it may be unnecessary to retain counsel. However, if there are attempts to attribute fault on your end or the injuries that you suffered was extensive, contact an attorney quickly. Most personal injury lawyers work on a contingency basis, meaning they will only get paid if you prevail in the lawsuit.
If you need further assistance in determining whether you have a plausible claim and representation is needed when dealing with overbearing insurance companies, call car accident lawyer.
Guilty Until Proven Innocent: Liability and Presumptions In Cases Where A Car Is Rear-Ended
You’ve always been a cautious driver, driving the speed limit, using your signals properly, and even being the eyes and ears for other drivers. Let’s just say this, one would most definitely describe you as a reasonably prudent motorist. Imagine this, Friday afternoon at approximately 4:15 p.m., you find yourself in bumper to bumper traffic after a long day at work.
You prudently check your rearview mirror and notice a bright red sports car that is weaving in and out of traffic at an alarming rate. You try your best to avoid this negligent driver, but you notice they are quickly approaching the upcoming exit that you plan to take as well. It happens so fast, the red sports car dashes in front of you at the last minute, you don’t have enough time to brake and avoid the collision. Just before you know it you have rear ended the red sports car. It is common knowledge that the person who rear ended the other vehicle is automatically liable or is it?
Generally all motorists owe a duty to operate their vehicle in safe and prudent manner.
A breach of this duty would be any of the following:
-Failure to pay attention to the road and look out for hazards
-Failure to apply brakes when appropriate
-Failure to adhere to posted speed limit
-Failure to control vehicle
-Failure to yield when a pedestrian or vehicle has the right of way
-Failure to use proper signals and operation of vehicle with malfunctioning signal s
-Most important and relevant, failure to follow at a safe distance.
However, the apportioning of liability is not always as cut and dry or black and white as this. Those motorists who have been rear ended owe a duty of care to other drivers as well. One may argue that had you maintained a safe distance behind the other car you would have adequate enough time to avoid the collision. In opposition, these motorists must not engage in behavior that could possibly bring about harm to those around them. Thus, all aspects of the case and the events leading up to the accident must always been taken into consideration.
Negligence is when one’s conduct falls below the standard of care determined by law to protect others against unreasonable risk of harm. Therefore, one who swerves in and out of traffic, exceeds the posted speed, or even fails to signal, has in engaged in negligent conduct and may be held liable although they were the victims in the accident and/or suffered damage.
Maneuvering through the nuances of personal injury claims, dealing with the insurance companies of both parties, and ensuring that your rights are asserted can be a complex process. call car accident lawyer, before you deal with the insurance adjuster.
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