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Being involved in a car accident is not only unsettling, but also disruptive to your life, health, and finances. When someone else’s negligence causes a car accident, you should not have to face the hassles, expenses, and inconveniences that follow by yourself.

A Cobb County car accident lawyer could fight for you. A dedicated personal injury attorney could seek compensation on your behalf either through a negotiated settlement or a jury verdict, and work to hold the negligent driver accountable for your injury.

Requirements for a Verdict in Favor of the Plaintiff

As with all civil cases, the burden of proof in a car accident case rests upon the plaintiff. To receive a favorable verdict, a car accident lawyer in Cobb County must be able to prove four main points to a jury.

Duty and Breach of Duty

First, an attorney must prove that the defendant owed the plaintiff a duty of care. When drivers get behind the wheel, they owe other drivers, bicyclists, and pedestrians a duty of care to obey the traffic laws and act as a reasonably prudent driver would act.

Next, the attorney needs to prove that the defendant breached this duty of care, perhaps by speeding, not stopping at a stop sign, or texting while driving.

Injuries and Damages

By itself, breaching a duty is not sufficient to win a lawsuit. When that breach of duty causes injuries to the plaintiff, however, a claim is justified.

Finally, the lawyer must also show that the plaintiff incurred damages from their injuries, such as lost wages, medical expenses, or pain and suffering.

Cobb County Statute of Limitations for Car Crashes

A statute of limitations is a defined amount of time in which plaintiffs in a personal injury case are able to file their claim. According to Georgia Code § 9-3-33, the statute of limitations in a car accident case is two years from the date of the injury.

The legal exceptions to the statute of limitations in Georgia are:

  • If the defendant leaves the state after the date of the accident and before they are served with legal documents
  • The plaintiff is a minor or is not legally competent due to an intellectual disability or mental illness at the time of the accident.

In these cases, the statute is paused until the plaintiffs turn 18 or until their period of incompetence is over. For more information on the specific statute of limitation laws that apply to their case, potential plaintiffs should seek the advice of their Cobb County car wreck attorney.

Help from a Cobb County Car Accident Attorney

After a car accident, you may need a determined Cobb County car accident lawyer on your side. You need an attorney who is familiar with Georgia’s laws and who can skillfully attempt to negotiate a fair settlement.

It is important to contact an attorney as soon as possible after your car accident so that you do not lose your legal rights. Call today to learn more about legal representation after a car accident.

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6185 Crooked Creek Rd NW
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Peachtree Corners, GA 30092
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