Being injured in a car accident can be devastating, the medical bills and damages cause additional stress and anguish.
If you have been involved in a car accident where you believe the other party was at fault, you have the right to file a claim and seek compensation. Every driver has the responsibility to act reasonably to prevent accidents.
If a person is driving under the influence of alcohol or violates traffic rules, he/she has breached this responsibility. And if their irresponsible behavior causes an accident, they could be liable for the injuries or damages.
However, collecting the damages isn’t always easy, you need to collect evidence, file a lawsuit, and negotiate with the insurance company. A car accident lawyer in Atlanta can help you deal with all legal aspects of the claim.
Here is everything you need to know before you file a claim for a car accident in Georgia.
Determining Fault in a Georgia Car Accident
Georgia isn’t a no-fault car insurance state which means the at-fault driver is legally and financially responsible for the damage caused by their negligence or wrongful act. If two drivers get into an accident in Georgia, the at-fault driver is responsible for damages or injuries of the other driver.
Since Georgia is not one of the few no-fault car insurance states, the method for claiming damages is different if you are a victim of a car accident.
Georgia also follows the rule of modified comparative fault in car accidents to determine liability. This means that both drivers can be at fault. If you are no more than 49% at fault in an accident, then you are eligible to receive compensation for the damages.
For Instance, if the court rules that you are 10% liable for the accident, they will remove 10% of the amount from the compensation. The modified comparative fault rule also means that you can’t receive any compensation if you are at fault for 50% or more of the liability.
Types of Damages for a Car Accident
Since Georgia is a fault state, which means you can claim a wider variety of damages, including medical costs, property damage, lost wages, disfigurement, scarring, rehabilitation, pain, and suffering.
You might also be entitled to receive compensation for childcare, housekeeping, and anything else that you can’t do because of your injuries.
Punitive damages are not awarded often they are reserved for cases where the driver acted in a malicious manner.
When to File a Claim for a Car Accident?
Georgia has a two-year statute of limitation for a personal injury claim. However, building a case can take time and evidence may be lost if you don’t act immediately. Speaking with a car accident attorney immediately helps ensure that you don’t miss any deadlines.
Conclusion:
There are several factors that can impact the value of your car accident claim in Georgia. At Hines Law, we’re committed to helping you recover the compensation you deserve. Our team of experienced personal injury lawyers in Atlanta, Georgia provides the highest level of legal presentation to car accident victims.
