If you have been hurt in a truck accident in Georgia, there’s a good chance you’ll be entitled to compensation. The first thing you’ll have to do is file a claim against the other driver’s insurance company. If they don’t have insurance, your only choice will be to file a lawsuit against the other driver personally.
In either case, there are very strict filing deadlines in Georgia that you must follow if you expect to get paid. Our Columbus truck accident lawyers are very familiar with these deadlines and procedures and can help make sure your claim is filed on time.
Here, we will discuss the difference between an insurance claim and a legal claim. We also explain what the filing deadlines are for each type of claim. Finally, we will point out some of the benefits of having a personal injury attorney in Georgia handle your case.
If you still have questions about your own truck accident case after reading this article, give us a call. We can always schedule your free, initial consultation by phone, or you can do so on our website.
There’s a Big Difference Between an Insurance Claim and a Legal Claim
When it comes to a truck accident, you typically have to file two different types of claims. First, you’ll need to file your insurance claim. If you were the one at fault, then you would file a claim with your own insurance company. If the other driver was at fault, then you’ll file a claim against their insurance carrier. Either way, you have to make sure your claim is filed on time, or you won’t be paid.
One of the problems with insurance companies in general is that they never spell out your filing deadline. Instead, your policy will state that you must file a claim within a reasonable period of time. Unfortunately, your idea of reasonable may be different than the insurance companies’ idea of reasonable. We suggest you meet with one of our Columbus truck accident lawyers and get your claim filed as quickly as possible.
The other type of claim is a legal claim. If, for some reason, the insurance company denies your insurance claim, you’re only option will be to file suit against the other driver. Even though you’re suing the driver, their insurance company is legally required to defend them in court.
In the state of Georgia, you only have two years from the date of your accident to sue the other party. This is because the Georgia statute of limitations for personal injury is 2 years. If you miss this filing deadline, there’s nothing even the best Columbus truck accident lawyer can do to help you. Your case will be dismissed, and you will never get a chance to refile it.
Make Sure You Meet With a Columbus Truck Accident Lawyer Before You File Anything
Not only are there deadlines you have to meet when it comes to filing your claim, but there are certain rules and procedures you need to follow. Your Columbus truck accident lawyer knows these rules and is very comfortable with them. They’ve helped clients just like you file insurance claims and lawsuits for years.
This is why we suggest you talk to an attorney before you file anything. You can make one simple mistake on your insurance claim only to have it denied. If you try to file a complaint against the other driver, you may not use the right form or pay the right filing fee.
If this happens, the court clerk will dismiss your case, send it back to you to be corrected, and give you a chance to refile it. However, if you’re up against Georgia’s 2-year statute of limitations, a simple mistake could cause you to miss your filing deadline.
You’ll Have a Better Chance of Having Your Claim Approved if You Have a Personal Injury Attorney in Georgia
It may not seem fair, but the insurance companies take you a lot more seriously if you’re represented by a personal injury attorney in Georgia. Instead of ignoring your calls and emails, they’ll reply to your lawyer in a timely fashion. There’s also a better chance of your claim being approved if you have a lawyer. The last thing the insurance adjuster wants to do is go up against an experienced Columbus truck accident lawyer in court.
The other nice thing about having an attorney is that they can negotiate a settlement of your case. Even if you filed suit, there’s still a likely chance that you’ll settle your case out of court. More than 95% of all personal injury cases in Georgia settle. This is because going to trial isn’t in the best interest of anybody.
Trials are expensive and time-consuming and there’s no guarantee that you’ll win. You could end up going to trial and the judge may not see things your way. Or, if it’s a jury trial, the jurors may agree with the defendant and think that you are responsible for the crash. Rather than risk this happening, you should let your personal injury attorney in Georgia negotiate a fair settlement on your behalf.
Make Sure You Call Our Office Immediately After Your Truck Accident
If you or your loved one have been injured in a truck accident, you may be entitled to damages. Ideally, the truck driver’s insurance carrier will cover your medical bills and other losses. If this doesn’t happen, your only option will be to proceed with legal action. There are very strict deadlines in Georgia when it comes to filing a lawsuit.
If you miss this deadline, your case will be dismissed, and you won’t be able to refile it. This is why it’s so important that you meet with a Columbus truck accident lawyer as soon as possible after the crash. Your attorney will make sure your claim is filed on time and that it’s filed properly.
We recommend that you call our office within a day or two of your truck accident. You can schedule your free consultation with a personal injury attorney in Georgia. Take the time to sit down and go over your case with someone who knows the law and find out if you have a right to damages.
If you decide you want to move forward with litigation, our attorneys will be there to help you. The other driver will have a team of attorneys working for them and you should too. Since your initial consultation is free, you have nothing to lose and everything to gain.