Accidents can be overwhelming, especially if you’re injured and wondering how to cover medical bills or other costs. In Georgia, the law lets you seek compensation even if you’re partly to blame for what happened. However, there are limits to how much you can recover based on your role in the accident. Understanding these rules is important, and working with an Atlanta personal injury lawyer can make the process easier. To learn more about your options, visit dlblawfirm.com for helpful resources.
Georgia’s Rule for Shared Fault in Accidents
Georgia uses a law called modified comparative negligence. This law lets people recover money for injuries or damages even if they’re partly responsible for the accident. However, there’s a catch: you cannot recover compensation if you are 50% or more at fault.
Here’s how it works: If the court finds you 40% at fault, you can still get 60% of the total compensation awarded. For example, if you are awarded $100,000, your share would be $60,000 because your fault reduces the amount. This rule ensures that everyone involved shares responsibility based on their actions.
How Fault Is Determined in Georgia
To figure out who was at fault, insurance companies, lawyers, and sometimes the courts look at evidence from the accident. They examine all details to decide what percentage of the blame falls on each person.
Some key things that help determine fault include:
- Police Reports: Officers document what happened, including traffic violations or witness statements.
- Witness Accounts: People who saw the accident share what they observed.
- Camera Footage: Surveillance or dashcam videos can show what led to the crash.
- Traffic Laws: Violating traffic rules, like speeding or failing to stop, can increase fault.
An attorney can help you gather and present this evidence to make your case as strong as possible.
What You Can Be Compensated for if Partially at Fault
If you’re less than 50% at fault, you can still get money for damages. Compensation typically falls into two categories:
1. Economic Damages
These are actual costs you’ve had to pay, like:
- Medical Bills: Includes treatment, hospital stays, medications, and future care.
- Lost Income: Covers money you didn’t earn because of your injuries or time away from work.
- Property Damage: Pays for repairs or replacements for your car or other belongings.
2. Non-Economic Damages
These cover non-financial hardships, such as:
- Pain and Suffering: Compensation for physical pain and emotional trauma caused by the accident.
- Loss of Enjoyment: Money is awarded if injuries prevent you from doing things you once enjoyed.
The amount of money you can recover depends on how much fault is assigned to you. For instance, if you are awarded $50,000 but found 30% at fault, your compensation will be reduced to $35,000.
Why Acting Quickly Is Important
It’s critical to act soon after an accident to protect your rights. Georgia law gives you two years from the date of the accident to file a personal injury claim. Waiting too long could prevent you from recovering any money.
Additionally, evidence fades over time. Witnesses might forget details and physical evidence like skid marks or damage can disappear. Acting quickly lets your lawyer gather all the information needed to strengthen your case.
How a Personal Injury Lawyer Can Help
Hiring a lawyer is one of the best steps you can take after an accident. A skilled attorney knows the laws and can help you navigate the process while protecting your rights.
Here’s how they can assist:
- Collect evidence to reduce the percentage of fault assigned to you.
- Negotiate with insurance companies to get the best possible settlement.
- Make sure you meet all deadlines and legal requirements.
Having an experienced local lawyer on your side boosts the chances of getting fair compensation for your injuries and losses.
Is Filing a Claim Right for You?
If you’re dealing with injuries, medical bills, or long-term effects from an accident, it’s worth considering a claim. An attorney can review your case, explain all your options, and help you decide if seeking compensation is the right move.
Even if you are partly at fault for an accident in Georgia, you may still have the right to compensation. Georgia’s modified comparative negligence rule allows you to recover damages as long as your fault is below 50%.
Get help today by contacting an Atlanta personal injury lawyer who can guide you through the process. Speak with a trusted attorney to start your journey toward fair compensation.
