Many people have unrealistic ideas about personal injury litigation. Popular culture tells stories of people with minor injuries securing major windfalls by taking businesses or individuals to civil court. Such stories are often wild exaggerations or outright fabrications. Those who file lawsuits often face scrutiny from others who may question the severity of their injuries or the necessity of a lawsuit. Despite how popular media represents personal injury lawsuits, they are rarely frivolous in nature.
The law in Georgia restricts litigation to scenarios in which there is both an indication that a person or business is to blame for an injury and provable losses related to that injury. People involved in car crashes may expect to file an insurance claim, but they may end up in civil court instead.
Why does litigation sometimes follow a Georgia car crash?
Injuries can cost more than people expect
Broken bones, brain injuries and other medical challenges arising after a car crash can generate major medical bills immediately after the crash occurs. Trauma care, surgery and rehabilitation support are all quite expensive.
Despite the expectation that insurance can cover those costs when the person injured wasn’t at fault for a crash, their claim may lead to underwhelming compensation. Georgia state law only requires $25,000 of liability coverage when someone causes injury to others. If the crash hurt two or more people, then the minimum amount of coverage available increases to $50,000.
Even $50,000 could be far less than it takes to cover someone’s medical costs and reimburse them for lost wages. When insurance is inadequate due to the extent of someone’s injuries, then going to court may be the only way to defray the expenses that a wreck generated.
Not all drivers follow the law
Involvement in a car crash is often in painful wake-up call for those who trust others to comply with the law. Many collisions are the result of someone doing something obviously illegal in traffic. As if that weren’t bad enough, the irresponsible driver may then disclose to the people they hurt that they don’t actually carry insurance. A lawsuit may be the only way to hold them accountable.
Learning that an at-fault driver does not have insurance is one of many reasons why a person hurt in a car crash might file a lawsuit. Those who understand the limitations of insurance coverage may potentially feel more confident about their decision to file a lawsuit after getting hurt in a wreck.