In most situations, a car accident is handled as a civil case, not a criminal case. This means victims typically pursue compensation through a car accident claim or lawsuit, rather than seeing the at-fault driver prosecuted. If you have questions about your rights after a crash, speaking with an experienced car accident lawyer in Columbus, GA, from Fox Injury Law can help you understand your options.
What makes a car accident a civil case?
A car accident becomes a civil case when one party files a claim seeking financial compensation from another. Civil cases resolve disputes between individuals or entities, such as drivers, passengers, or insurance companies, when someone suffers losses. Georgia is an at-fault state, meaning that the liable party and their insurer are responsible for compensating the victim for their losses.
Conversely, a criminal case involves the government prosecuting an individual for breaking the law. In car accident matters, criminal charges may apply if the driver was intoxicated, reckless, or left the scene of the crash. However, most accidents proceed as civil cases.
What is the difference between a civil and criminal car accident?
Sometimes, civil and criminal car accident matters can overlap, but they serve different purposes:
- Civil cases aim to compensate victims. If you file a car accident claim, you may recover damages through a settlement offer or a verdict.
- Criminal cases punish wrongdoing. If the at-fault driver was driving under the influence, racing, or fleeing the scene, prosecutors may pursue criminal charges.
It is also possible for both cases to proceed simultaneously. For example, a wrongful death claim can move forward in civil court while the state pursues a DUI case against the driver.
What damages can victims recover in a civil car accident case?
The goal of filing a civil claim is to restore you to a financially whole state. Depending on the facts of your car accident lawsuit, skilled car accident attorneys can help you recover compensation for:
- Medical bills related to emergency care, ongoing treatment, and rehabilitation
- Property damages to repair or replace your vehicle and belongings
- Lost wages and lost earning capacity if your injuries impact your ability to work
- Pain and suffering and other non-economic damages for the toll on your life
- Wrongful death damages if a loved one passed away due to the fault party’s negligence
Every case is different, which is why consulting an experienced car accident attorney is beneficial. They can evaluate your situation and accurately calculate your damages.
How does the civil car accident process work?
The civil process usually begins with filing a car accident claim against the at-fault driver’s insurance company. If negotiations are unsuccessful, the next step is a car accident lawsuit, where a personal injury lawyer presents your claim in court. The process typically includes:
- Investigation: Gathering accident reports, medical records, and witness statements to prove the fault party was negligent
- Negotiation: Negotiating with the liable party’s insurance company to secure a fair settlement offer that covers your damages
- Litigation: Filing a car accident lawsuit to begin the formal litigation process if negotiations fail
This process helps ensure that victims have a legal avenue to seek compensation for losses caused by another’s negligence.
Contact a Columbus car accident lawyer at Fox Injury Law today
Car accidents are typically civil cases, but the circumstances of your crash may also involve criminal charges. If you or a loved one has been injured in a car crash in Georgia, call our law firm today at (404) 777-7778 to schedule a free consultation. Our legal team will help you navigate the complexities of the civil process and fight for the compensation you deserve.
