In Georgia, all personal injury cases are dealt on the basis of the fault system. This means that compensation will be dependent on the basis of fault. Those who are deemed to be responsible for the injury (the defendant) will be expected to compensate to the injured party (the plaintiff).
The defendant’s insurance company will be the one who will have to pay the plaintiff compensation for any damages they may have incurred. This could include compensation for medical expenses, rehabilitation expenses, lost wages, disfigurement, loss of earning potential and funeral expenses in the event of death. In addition, in Georgia, the injured party can also claim compensation for non-economic damages including mental anguish, distress, pain, and suffering.
Since Georgia is an at-fault state, the fault in a personal injury case will be determined based on the evidence. The plaintiff has to demonstrate specifically why and how the defendant was at fault. This will include establishing that the defendant did not behave responsibly and neglected to ensure that no harm occurred to the other party. Only if the evidence proves that this was so will the plaintiff receive compensation.
Modified Comparative Rule
There can be situations where the defendant will not accept complete responsibility for the injury in question. The defendant and/or their insurance company may claim that the plaintiff was also partly responsible for creating the circumstances that resulted in the injury. Rome, GA follows the modified comparative rule to deal with these situations. As per this law, if multiple parties could be at fault, the compensation will be reduced as per the degree of fault. For example, if the defendant was 80% at fault and the plaintiff was 20% at fault, then the final compensation that the plaintiff will receive will be reduced by 20% since this will be the degree of fault assigned to them. This rule is often used to settle cases where one party cannot be held completely responsible.
Dealing with Insurance Companies
The biggest advantage of an at-fault system and the comparative rule is that all parties that contribute to an accident can be held accountable for their actions. However, sometimes insurance companies can exploit this law to make it difficult for injured parties to get the compensation they deserve.
You have to keep in mind that insurance companies are designed to work towards reaching settlements that result in a minimum payout. That is the ultimate goal of the insurance company – to minimize financial loss. While this may be a logical philosophy from a company standpoint, when it comes to the party who has actually suffered, the difficulties that insurance companies create can be quite troublesome.
When a person is injured, the goal is to get better and to get back to normal life, which can become difficult if the defendant refuses to take responsibility for the actions that led to those injuries. For example, if the plaintiff incurs an injury that requires long-term treatment, not only will the plaintiff have financial expenses to deal with but will also be unable to go back to work, whi, in turn,ch will result in loss of wages. In such a scenario, the injured party has the right to ask for compensation. However, if the defendant or the defendant’s insurance company claims that it was not the defendant’s fault, the case can become complicated. Keep in mind that just like the plaintiff has to demonstrate that the defendant was at fault, the defendant also has to prove that they were not at fault if they make such a claim. Whoever has the evidence verifying their position tends to win the case.
No matter how difficult insurance companies turn out to be and how aggressively they react to your claims, you have to understand that the law will typically stand by the party who has suffered losses. As long as you have the evidence to substantiate your claim and know how to present it, you will be compensated.
If you have suffered a personal injury and you know that it was the other party who was primarily at fault, call our Rome, GA attorneys at Bader Law Firm. Our legal team has dealt with numerous personal injury cases over the years. They are skilled negotiators and know the art of handling insurance companies.
You may have all the facts on your side, but you also need the necessary skills to be able to prove that it was the other party that was responsible for your injuries. Often insurance companies try for an early settlement. The goal is to settle the case quickly and with as little payout as possible. Do not make the mistake of accepting the first offer they make. Talk to our lawyers and they will advise you on how to proceed.
Consult with a Personal Injury Attorney in Rome, GA for Guidance with Your Case
If you live in Georgia, you will have to prove negligence, and you will have to prove fault. Most people do not know how to do that and have never before dealt with insurance companies, lawyers and courts.
We are here to offer you our expertise and to assure you that we are here to help you. We understand that you are already dealing with the injury and its impact on your financial situation and your personal life. We understand that when a person gets injured, it is not just they who suffer but their entire family suffers a setback.
For you, recovering from that injury is the most important thing. For us, getting you the compensation you deserve is the most important thing. Call your Rome, GA personal injury lawyers today at 678-562-5595 and schedule a free consultation with one of our associates. We assure you that our goal is to help you deal with the losses and to help you and your family recover from the consequences of this injury as quickly as possible. Let us deal with the difficulties of your case; let us deal with the challenges put up by the insurance company. We are here to help you, and we want to help you with your personal injury in Rome, Georgia.
Seth Bader is an Auto accident, Workers Compensation 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.