Drunk driving accidents have an expiration date. If you have suffered any injuries and damages due to a negligent driver’s irresponsible actions, you can pursue financial compensation to cover them. You also need to act quickly and file before the deadline to get your settlement as fast as possible.
John Foy & Associates has lawyers well versed in drunk driving and car accident law. We have helped countless clients get a settlement for their damages after the irresponsible and reckless endangerment of those that drive under the influence. For a free consultation, call us today.
The Statute of Limitations for a Drunk Driving Claim in Georgia
There is a statute of limitations for personal injury claims in Georgia. If you go past the time limit allotted, you cannot pursue compensation even if the drunk driver was entirely at fault. It is your responsibility to hold yourself accountable for this deadline. Hiring a lawyer can help ensure that you do not procrastinate when filing a claim.
You have two years to file your claim under the Official Code of Georgia Annotated (OCGA) § 9-3-33. This might seem like a long time, but be cautious, as it can go by very quickly.
Many personal injury victims have sat on their claims and failed to file before the statute of limitations. As a result, they lost out on the chance to win a settlement and had to pay out-of-pocket for virtually all their damages.
Do not find yourself in a situation where you cannot help yourself overcome the debt and stress that your damages will inflict upon you. You can hold the drunk driver liable for your damages and get the money you need to help you recover from your injuries and prevent lasting damage to your financial health.
Filing Too Early Can Work Against You
You should not wait too long to file a claim, but this does not mean that you should file instantly after your accident. If you file too early, you could reach a settlement that might not cover all your damages.
For example, you could end up needing further medical treatment for any unforeseen consequences. In this case, since you settled already, the at-fault party and the insurance company are no longer obligated to provide you with financial compensation. This means you would need to pay for the cost of further treatment yourself.
Consider the whole playing field before you file. Yes, you should aim to file as quickly as possible, but only after receiving the maximum amount of treatment possible and having strong case evidence backing you.
What About the Criminal Case?
Drunk driving is illegal in Georgia, which means that the other driver may be taken to jail after your crash. You can still file a drunk driving accident lawsuit even if they’re in jail. If the drunk driver was insured, you may not even have to face them. We will work with their insurance company instead to come to a settlement.
Sometimes, it’s helpful to wait for the criminal case to complete because prosecutors may have evidence we can use in your civil case. Civil cases use a lower evidentiary standard than criminal cases. This means it’s easier to prove the other driver’s fault even if they happen to win their criminal case. We can still use that evidence.
However, if there is already good evidence of intoxication, insurance companies aren’t likely to have a problem with offering a good settlement. Working with a DUI victim lawyer can make the process move swiftly.
Georgia Follows the Comparative Negligence Rule
Remember that you need to have strong evidence and proof on your side when you file a claim. For example, even if the drunk driver committed a crime by driving while intoxicated, you still need to show that you were not responsible for what happened.
Georgia is an at-fault state under OCGA § 51-12-33, meaning that it follows the comparative negligence rule. In this rule, you must be less than 50% responsible for your accident to file a claim. Whatever percentage you are responsible for gets deducted from your settlement amount.
Getting a lawyer to represent you and help you build your claim first before filing is important. Do not file a lawsuit against a drunk driver before receiving professional legal assistance. Doing so might cost you the ability to recover a settlement. In addition, building a case takes time, so always try to do so quickly and not wait until the last minute.
Let Our Drunk Driving Accident Lawyers Help You File
Keeping track of deadlines, building a strong claim, and seeking quality medical treatment can become overwhelming. After just getting out of a traumatic experience like a car accident, the last thing that you need is to stress yourself out even further.
Our drunk driving accident lawyers will always put your needs well above anything else. We will not only ensure that you keep in accordance with the statute of limitations, but we will also help you gather evidence, consult with experts, interview witnesses, and much more.
Our firm’s number one goal is winning a settlement to help our clients get through the aftermath of their accident as smoothly as possible.
Most Civil Cases don’t Go to Court
When you sue the at-fault driver that caused your accident, the chances of your case going to court aren’t very high. This is why most lawyers opt to just file an insurance claim and negotiate a settlement from there. Going to court over a drunk driving accident lawsuit is a lengthy process that neither side wants and only happens as a last resort.
Rest assured, if negotiations fall through, our lawyers won’t hesitate to take your claim to court. Furthermore, we won’t back down from escalating your case further to ensure that you win the maximum amount of compensation possible. While other lawyers may give up, ours will always see your case through until the end.
Drunk Driving Accident Lawyers Charge No Upfront Fees
Filing a claim or lawsuit against the negligent driver responsible for your accident doesn’t have to break the bank or cause further financial strain. If hiring a lawyer required that you pay for all your legal services upfront, no one would do it, especially if you already faced significant damages due to your accident.
Our drunk driving accident lawyers never charge any fees upfront. Instead, we operate on a contingency fee basis, which means that you don’t have to pay us for anything unless we win compensation for your claim. That way, you can get the best legal assistance possible without having to worry about any financial consequences afterward.
Get in Touch for a Free Consultation
At John Foy & Associates, we offer free consultations to all cases. There is no risk and no obligation to you when we do our free case review. Our client testimonials highlight our dedication and skill to every case we take on.
For more than 20 years, we’ve handled even the toughest of cases and always stood by the side of personal injury victims. We won’t let the insurance company take advantage of you. So, allow us to help today.
Call us or contact us online today to schedule an appointment with one of our lawyers.
