Auto Accident cases are based on two important factors – cause and negligence. In order to be successful, you must be able to prove how an injury was caused and that the responsible party was negligent. When it comes to personal injury claims, Georgia is one of the many states that use modified comparative negligence. Either party may receive compensation as long as he or she is less than 50 percent responsible for the accident.
What is Modified Comparative Negligence?
Modified comparative negligence means that the law ascribes a portion of fault to each of the drivers in an accident. An investigation must be completed to determine how the accident occurred and which driver or drivers were at fault. More than one driver may be at fault for the collision. For example, a driver turns in front of another driver, who has the right-of-way, resulting in a crash. The other driver is found to have been speeding. This may have contributed to the crash.
Therefore, each driver is partly to blame. In this case, the driver who did not have the right-of-way will likely be ascribed a high percentage of fault while the other driver may be ascribed a small percentage. Each driver is allowed to obtain compensation for their injuries based on this percentage. It becomes critical to be able to prove fault in an accident.
Percentage of Fault and Recovery
Your damages include any costs that you incurred because of the crash. This might include immediate medical costs, expenses for rehabilitation or therapy, money for lost wages and for pain and suffering. The total amount of your actual damages will be determined and you will be paid a percentage of those based on your own responsibility for the accident.
For instance, if your medical expenses were $10,000 and you were found to be 10 percent at fault for the crash, you should expect to reduce your claim by 10 percent so you would receive $9,000 in this example. It is important to note that in Georgia you will not recover damages if you are found to be 50 percent or more at fault.
Seek Assistance from a Reputable Personal Injury Attorney in Atlanta
The laws regarding modified comparative fault can be complicated and require assistance from an experienced personal injury attorney in Atlanta. There are many ways that an attorney will help you resolve the case and get the money you deserve. The sooner you get help the better, because the law limits the time to file a claim, generally within two years of the incident. Your attorney will review every aspect of your case to determine how to proceed.
Your lawyer will review the accident report, read witness statements, depose witnesses and obtain any video footage that may be available. Additionally, in some instances it may be necessary to reconstruct the accident in order to determine exactly how it occurred. These steps will help your attorney resolve your case with the best possible outcome for you and your family. Contact the skilled legal team at Bader Scott Injury Lawyers to learn more about how we can assist you with your accident case.
Seth Bader is an Auto Accident and Personal Injury Attorney who practices in Atlanta, Rome, Savannah, Norcross, Carrollton, Georgia. He graduated from Florida State University College of Law and has been practicing law for 14 years. Seth Bader believes in fighting for the injured. Learn more about his experience by clicking here.