Georgia Bicycle Accident Statute of Limitations
If you want your case to be successful, then you need to make sure that it is filed in a timely manner. Personal injury cases come with a deadline, called a statute of limitations. Georgia state laws says that if you have been harmed in a bicycle accident, you are allowed two years from the date of your accident to either bring your claim or settle it in civil court.
You cannot bring your case late, as this is a deadline mandated by law. If you try to bring your claim late, you will be denied compensation. We strongly suggest that anyone who was hurt in a bicycle accident should reach out to a skilled lawyer as soon as possible. You want to give your Augusta bicycle accident lawyers as much time as you possibly can so that they can build a strong case for you.
If you delay a conversation with a lawyer until there are only a couple of weeks left in your statute of limitations, then you are going to likely be told that they cannot help you. Your evidence at that point will likely be gone, too, and your witnesses might have unreliable testimony. The best thing you can do for your case is call a lawyer right away.
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How Bicycle Accident Compensation Works
The state of Georgia is one that follows the rules of modified comparative negligence. This law defines how much you are allowed to collect after your role in causing the accident is calculated.
When calculating compensation, the first step involves calculating your damages, including damages for past and future medical bills, lost wages, and pain and suffering that you have. That number is then reduced by a percentage that reflects your responsibility in an accident.
This is how modified comparative negligence works:
- If you are not at fault, you will receive a full compensation award.
- If you are partially at fault, you will receive a reduced compensation award.
- If you are more than 50% at fault, you will not receive any compensation.
Here’s an example of how this works: Say you were on the road riding your bike in a bike lane and you got into an accident because you left the bike lane slightly to make a turn. Let’s say that this places you 20% at fault for causing this accident but the vehicle that hit you is 80% at fault because of their own actions. If you were given $100,000 in damages, you would be able to collect $80,000.
The Most Important Step for a Successful Bicycle Accident Case
The first step for any personal injury case including bicycle accidents is to seek emergency medical care. There are several consequences for you if you do not do this right away. The first being you are not going to make a quick or possibly full recovery if you delay getting treatment. Some injuries only get worse with neglect. Secondly, you are at risk of having your condition get worse and worse or becoming permanent. Treatment is vitally important if you want to ensure your long term health. Lastly, you are going to raise the suspicions of the insurance company if you delay getting treatment or avoid it entirely.
The insurance company will be able to look at your medical records and see when you went for treatment, what caused your injuries, and how you were treated. If you did not go to get treatment for some time after the accident they can claim one of two things; either you lied about how badly you were injured or you lied about how you were injured. Either way, this means that they might be able to reduce your claim or eliminate it.
Call Our Augusta Bicycle Accident Lawyers Today for a Free Consultation
If you are searching for a strong, dependable lawyer to represent you, please give our office a call right away. Our Augusta bicycle accident lawyers are here to help guide you through your case every step of the way. It is important that you put your trust in a lawyer who knows how to handle these cases and has a track record of success. Get your free consultation and we will go over your case.
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