Being involved in a pedestrian accident can be a traumatic experience. In addition to the physical injuries you may have sustained, there are also financial and emotional tolls to consider. In Georgia, if you have been hit by a vehicle while walking, you have the right to file a lawsuit against the driver of the vehicle. Here are the steps you need to take to file a pedestrian accident lawsuit in Georgia.
Step 1: Seek Medical Attention
The first step after being involved in a pedestrian accident is to seek medical attention. Even if you feel fine, it is essential to be examined by a medical professional. Some injuries, such as traumatic brain injuries or internal bleeding, may not be immediately apparent. Seeking medical attention not only ensures that you get the care you need but also provides documentation of your injuries.
Step 2: Gather Evidence
To file a pedestrian accident lawsuit, you need evidence to prove that the driver was at fault for the accident. This evidence may include photos of the accident scene, witness statements, and police reports. If you can, take pictures of the accident scene, including any damage to the vehicle and any injuries you sustained. If there were witnesses to the accident, try to get their contact information. Finally, make sure to obtain a copy of the police report.
Step 3: Contact a Personal Injury Attorney
Filing a lawsuit can be a complex process, and it is often helpful to have an experienced personal injury attorney on your side. Contact a personal injury attorney who specializes in pedestrian accidents to discuss your case. They can review the evidence you have gathered and help determine if you have a viable case. They can also help you navigate the legal system and negotiate a settlement.
Step 4: File the Lawsuit
If your attorney determines that you have a case, they will file a lawsuit on your behalf. In Georgia, the statute of limitations for filing a personal injury lawsuit is two years from the date of the accident. Your attorney will ensure that all necessary paperwork is filed with the court and will work to ensure that your case is resolved as quickly and favorably as possible.
Step 5: Attend Court Hearings and Mediation
After the lawsuit has been filed, there may be court hearings and mediation sessions. Your attorney will represent you at these sessions, but it is important that you attend as well. You may be asked to provide testimony or answer questions. It is important, to be honest, and forthcoming at all times.
Step 6: Settlement or Trial
In many cases, pedestrian accident lawsuits are settled out of court. If a settlement is reached, you will receive compensation for your injuries and other damages. If a settlement cannot be reached, the case will go to trial. In this case, your attorney will present evidence and arguments to the court, and a judge or jury will decide the outcome of the case.
Step 7: Receive Compensation
If your case is settled in your favor, or if you win your trial, you will receive compensation for your injuries and damages. This compensation can include:
- Medical expenses: This includes all medical bills related to your injuries, such as hospital stays, surgeries, and physical therapy.
- Lost wages: If you were unable to work due to your injuries, you can receive compensation for the wages you lost during that time.
- Pain and suffering: You can also receive compensation for the pain and suffering you experienced as a result of the accident.
- Property damage: If any of your personal property was damaged in the accident, such as your clothing or a phone, you can receive compensation for those damages as well.
It is important to note that Georgia is a modified comparative fault state. This means that if you are found to be partially at fault for the accident, your compensation may be reduced. For example, if you were jaywalking at the time of the accident, you may be found to be partially at fault. If you are found to be more than 50% at fault, you may not be able to recover any compensation.
The Gunnels Law Firm LLC is a personal injury law firm based in Georgia that specializes in helping clients who have been injured in pedestrian accidents. Our experienced attorneys can help you with every step of the process of filing a pedestrian accident lawsuit in Georgia, including:
- Investigation: We will gather evidence, review medical records and police reports, and interview witnesses to build a strong case for you.
- Legal representation: We will represent you in court and in negotiations with insurance companies, ensuring that your rights are protected and that you receive fair compensation.
- Settlement negotiation: We will work with the other party to negotiate a fair settlement that covers all of your damages.
- Trial representation: If necessary, we will take your case to trial and represent you in court.
- Communication: We will keep you informed throughout the entire process and answer any questions you may have.
At The Gunnels Law Firm LLC, we understand the physical, emotional, and financial toll that a pedestrian accident can have on you and your family. That’s why we are committed to providing compassionate and effective legal representation to help you get the compensation you deserve.
If you or a loved one has been involved in a pedestrian accident in Georgia, contact The Gunnels Law Firm LLC today for a free consultation. We can help you understand your legal rights and options and work towards achieving a favorable outcome for your case.