Atlanta Car Accident Attorney
Car accidents are often perceived as “straightforward” by those who are unfamiliar with the litigation process. This is not necessarily true, however. Even if your case appears to be quite simple at the outset, litigation may become quite a bit more complicated as the dispute develops.
For example, let’s consider a basic distracted driving accident. Suppose that the defendant was texting on their cell phone and driving when they collided with your vehicle, causing you to suffer injuries. This case might seem simple upon first impression, but effective legal advocacy in the personal injury context is not merely about “winning” a case by proving that the defendant is liable for your injuries. True success is measured in damages. There is a substantial difference between “winning” a case with an award of $100,000 in damages, versus obtaining a win with only $250 awarded in damages.
Perhaps the defendant challenges the severity of your injuries. Perhaps the defendant believes that you contributed (partially) to the accident, thus reducing your total damage recovery. If the defendant is particularly aggressive, they could complicate your dispute. As such, it’s important that you work with an attorney who is comfortable under the spotlight and is capable of advocating aggressively on your behalf. Contact the Law Firm of Walter Gabriel, LLC for assistance.
Common Risk Factors Contributing to Car Accidents
There are a number of risk factors that can contribute to car accidents. Examples include, but are not limited, to:
- Mechanical defects
- Road hazards
- Intoxicated driving
- Distracted driving
- Unlicensed drivers.
Not all disputes progress in the same manner. Car accident claims can give rise to arguments brought on the basis of premises liability, product defect liability, and negligence-based personal injury theories. The tactics, arguments, and damages available to an injured plaintiff may vary along a wide spectrum based on the circumstances underlying the accident.
For example, a Georgia court may not only award compensatory damages, but it may also punish the defendant and award bonus punitive damages in certain cases. Punitive damages are awarded under very limited circumstances in the state of Georgia, such as in drunk driving accidents where the defendant-driver acted with a particularly wanton or reckless disregard for the safety of others.
Statute of Limitations in Car Accident Lawsuits
In Louisiana, Article 3492 of the Civil Code governs the statute of limitations for personal injury claims. Unlike many other states where the minimum statute of limitations for most personal injury actions is two years, Louisiana implements a one-year statute of limitations, referred to in Louisiana as a liberative prescriptive period, that runs from the date of injury. If you fail to file your claim before the one-year statute of limitations deadline passes, then you will lose your right to recover damages under the law. Georgia has a two-year statute of limitation period for most personal injury claims, but shorter statute of limitation periods exist for claims against Georgia government agencies.
Given the importance of filing a timely claim, we encourage you to get in touch with the Law Firm of Walter Gabriel, LLC as soon as possible. We will evaluate your car accident injury claims and — if we take you on as a client — will file a lawsuit in a Georgia or Louisiana court of law on your behalf.
If the deadline for your claim has already passed, all is not necessarily lost. There are a number of exceptions to the statute of limitations that allow you to extend the deadline, such as the discovery rule, which suspends the running of the statute of limitations period until you discover (or reasonably should discover) your injuries.
Contact an Experienced Atlanta Car Accident Attorney for a Free and Confidential Consultation
Here at the Law Firm of Walter Gabriel, LLC, we have extensive experience handling a range of personal injury claims, including car accident disputes. Attorney Walter Gabriel has worked as both a prosecutor and as a plaintiff’s attorney, and the substantial breadth and depth of his experience in litigation has given him a unique perspective on how to approach a dispute so as to secure a successful result in challenging circumstances.
We are a fundamentally client-oriented firm. We believe that the key to effective legal representation in the personal injury context is close engagement with the client. We have critical information on the case at-hand and how it relates to the client’s aspirations and concerns. This empowers us to be aggressive and to act decisively on behalf of our clients, rather than in a defensive and reactive manner.