Thomson, GA Personal Injury Law Firms & Lawyers

Yes you can sue for damages. If the car is totaled, you are entitled to the fair market value of the vehicle. Money you spent on the car cannot be recouped in addition to the FMV. But if you made improvements that raise the FMV, you can indirectly recoup the cost of these improvements to the extent that these improvements raise the FMV. I do not understand what you mean by recouping car payments that you were not expecting to make. I assume the car was paid for, and now you anticipate having to make car payments on a replacement for your car. You get the FMV of your car, and that's it. In theory, you should be able to use your settlement to replace your car without obtaining another loan, because you should be able to take your settlement and buy a car of the same value with the settlement.

You can sue the other driver in small claims court. Most larger counties in Georgia have Magistrate Court for this purpose. The largest amount you can claim in Magistrate Court is $15,000. Of course, the dispute before the judge will come down to he-said-she said. The goal is for the Judge to evaluate your story as more believable, given the circumstances. Unfortunately, attorneys do not generally get involved in these cases, especially on contingency liens. I hope this was helpful, and good luck.

You are entitled to workers comp since this was on the job, regardless as to whether it was within your job description. But in NY you have 2 years to file your claim, so if you have not already done so, it may be too late. Also, if this was a commercial construction job and it was in NY, you have additional recourse. See a lawyer in your area asap.