If you live in Atlanta, you are probably aware that car accidents are not rare in the city. Minor fender benders happen every now and then, but serious mishaps are also common and often lead to serious consequences. After getting Injured in a car accident, you may have many questions on your mind. Who is liable for my losses? Can I ask for compensation if the other driver was negligent? Can I file a lawsuit? There are several aspects to consider, and for your help, here is an overview of the laws in Georgia.
Basic aspects
Georgia is a fault state. This means that the driver who caused the accident because of their negligence is also liable for your losses. You have two ways to recover compensation – You could either file a claim with the at-fault party’s insurance company or file a lawsuit in the civil court. The first option is usually the norm. There is also a statute of limitations that you must adhere to for civil cases. For injury lawsuits and wrongful death cases, Georgia laws allow a deadline of two years. The clock starts from the date of the mishap (or the date of death). Note that the laws are for lawsuits only and not insurance claims.
Modified comparative negligence
What if you were to blame for the accident? Can you sue the other driver for their negligent behavior? The answer depends on the extent of your share of fault. Georgia is a modified comparative negligence state. For the unversed, this means that one party can sue the other as long as their fault share is lower. In other words, if you are 49% at fault, you can still file a lawsuit against the other side. However, your compensation will be adjusted proportionately according to your fault share.
Call an attorney
Even if you understand the basics of comparative negligence laws in the state, you would still need an attorney on your side. Car accident lawyers can help evaluate your claim, determine the worth of your case, and help negotiate a settlement with the insurance company. If things don’t move as expected, your lawyer can prepare for a lawsuit, which can be an expensive but necessary option for many situations. Hiring an attorney doesn’t have to cost anything immediately, as accident lawyers ask for a contingency fee. You can always get a free case review before you make the next move.
