What does the term “tortfeasor” mean? When you suffer an accident in Augusta, GA, you may have a valid claim for compensatory damages. This is particularly so when you can prove that the other driver is at fault. You will typically need the help of an Augusta car accident lawyer to do so.
A lawyer can help you navigate the complicated process of filing a claim and recovering compensation. The process can take some time, ranging from a few months all the way to a few years. During this period, you may have to interact with law enforcement, lawyers, insurance companies, as well as other entities. If you understand the process and the legalities involved, you will be in a better position to handle it all.
A key concept when it comes to personal injury claims in general is that of a tortfeasor. When filing a car crash claim, you may hear this term often. Here is a look at what a tortfeasor is and how it relates to your particular car crash claim.
What is a Tortfeasor?
The literal meaning of tortfeasor is ‘wrongdoer.’ In the context of a car accident claim, tortfeasor is essentially one or more parties who were negligent and caused the accident. When you seek damages from an at-fault driver in an accident, the at-fault driver is the tortfeasor. Another legal term that is used for a tortfeasor in personal injury claims is a defendant.
In personal injury claims involving tortfeasors, tort law comes into play. This particular area of law is defined in Georgia Code Title 51. It applies to situations where the wrongdoing or negligence of one party caused harm to another party. Car accident claims also fall under this area of the law.
Types of Torts
In cases and claims involving a tortfeasor, the torts or wrongdoings committed by the negligent party are categorized into three types. These include:
Strict Liability Torts
Torts of this nature involve the unintentional or indirect negligence of the tortfeasor. In this type of tort, you don’t need to show that the intentional or direct negligence of the liable party caused the injuries. When it comes to car accident claims in Georgia, auto defects that lead to accidents and injuries fall under this category.
Intentional torts, as the name suggests, happen when a person deliberately and intentionally causes an incident that results in your injuries as the claimant. In a car accident, if another driver deliberately hit your car and caused injuries, your lawsuit can be an intentional tort case. In such a case, you may also be entitled to recover punitive damages from the at-fault party.
Most car accidents fall into this category. This particular variety of torts involves the failure of one party to observe reasonable care, leading to a car accident. For instance, if a driver runs a red light and ends up hitting you in an intersection, you will have a claim of negligent tort against the other driver.
Seeking Damages from a Tortfeasor
After you have suffered losses in an Augusta accident, you can recover damages in many different ways. The most common route is to seek damages from the insurance company of the tortfeasor, or the liable party. Their insurer is liable to pay you for medical costs, lost wages, vehicular damage, as well as other types of losses suffered in the crash.
However, in some instances, the insurance company of the tortfeasor may refuse to pay damages, or they may have no or little insurance. In such a case, you reserve the right to file a lawsuit against the tortfeasor.
If you are able to prove the negligence of the tortfeasors as well as your damages caused by this negligence, a court will likely award you damages. You can collect these damages from the tortfeasor. If the tortfeasor fails to pay up, the court may order liquidation of any assets owned by the tortfeasor for payment of the damages.
Why Hire an Augusta Car Accident Lawyer?
All car accident claims are covered under tort law. You need expert legal help to understand how tort law works in different situations. The precise circumstances of every accident are different, and the law applies differently to each crash.
Here at Ted Greve & Associates, we help you move through the process of filing a damages claim. We also strive to get you the maximum amount of damages at the earliest. Get in touch with our lawyers to discuss your Augusta car crash claim and receive an estimate of the damages you will likely get.