June 23, 2024
Do I Have to Go to Court to get Compensation for Damages?

Do I Have to Go to Court to get Compensation for Damages?

Thousands of Georgians turn to personal injury attorneys in Cumming and Forsyth County to get fair compensation for damages. But is suing an adverse party and their insurer the best and only option? This question has no clear “yes” or “no” answer because it depends on whether a lawsuit is ideal or necessary in your specific situation.

It’s also worth noting that Georgia is an at-fault state. That means that accident and injury survivors should send a pre-litigation demand to insurers before turning to the courts. While not all cases can be settled without litigation, if the case can be resolved without court action, a recovery can be achieved sooner for the client and without the additional expenses of litigation. To discuss what happened to cause your specific injuries and your best legal options, contact our Forsyth County personal injury lawyers today.

Types of Damages for Which You Need Compensation

It’s critical to examine the leading forms of damages for which you may require compensation following an accident in Georgia. This way, you will be better equipped to face insurers as your first line of action before battling them out in court.

  • Special damages – These damages can be assigned a specified dollar amount or value and include past, current, or future medical costs. They also include lost income following an injury. Here, you should prove the amount of money you lost to receive the award. If your injuries are permanent, you will have to calculate their future financial costs.
  • General damages – On the other hand, you can’t assign a specific dollar value to general injuries. Thus, the courts consider other factors like:
    • Your injuries’ physical and emotional severity;
    • If your injuries interfere with your regular daily life, quality of life, or your ability to enjoy your daily life;
    • How your injuries affect your future employability;
    • The pain and suffering the injuries caused you.
    • Permanent disfigurement or disabilities
  • Punitive damages – Georgia courts award victims punitive damages if they are suffered from another person’s fraudulent, oppressive, reckless, malicious, or willful actions. Courts may also award them if the whole lack of care makes the judges believe the perpetrator was consciously indifferent to their actions’ consequences such as being DUI or committing a hit and run. The damages are meant to make them pay for their behavior and serve as a warning lesson to others.

When You Need to Sue for Damages

While the law allows you to approach an insurer for a settlement, most don’t pay the full amount you request. They may outrightly refuse to pay or want to pay you peanuts. If you are unable to achieve a fair settlement, your personal injury attorney should not hesitate to bring a lawsuit against the at fault parties.

Your attorney should also be prepared to sue your auto insurance company for uninsured or underinsured motorist benefits if there is no liability coverage or insufficient liability insurance to cover your damages.  This practice is quite common in auto accident cases. It is necessary to sue before you reach Georgia’s statute of limitations that sets a two-year deadline for filing a personal injury action.

What Is a Statute of Limitations? | Gacovino Lake

Consult with a Cumming Personal Injury Attorney

Do you need legal help to compensate for your damages in Cumming and Forsyth County, GA? Talk to our team today by calling 770-887-1209. You may also contact us online to secure the compensation that you deserve.