Car accidents are an unfortunate reality, and when they happen, we want to know who is responsible and who will pay for the damage.
But what if you were partially at fault? Does that mean you are out of luck when it comes to compensation?
Unfortunately, it’s not a simple yes or no answer, as a liability in these cases depends on various factors.
In this article, we will explore the options available for receiving compensation if you have been involved in a car accident where you were partially at fault. We will outline the steps you should take if you believe the other party is liable for your vehicle damage or injury, even if you share some of the responsibility.
Read on to learn more about navigating the complex world of auto accident liability when both parties bear some degree of fault.
Negligence Laws in Georgia
In Georgia, negligence laws are an important aspect of personal injury cases. Negligence refers to the failure to exercise reasonable care that results in harm to another person.
Under Georgia law, a person who has been injured due to someone else’s negligence may be entitled to compensation for their damages, which can include medical expenses, lost wages, pain and suffering, and more.
To prove negligence in a personal injury case, you must demonstrate four elements: duty, breach, causation, and damages. This means that the defendant had a duty to exercise reasonable care, they breached that duty by acting in a careless or reckless manner, their actions caused your injuries, and you suffered damages as a result.
Georgia also follows a modified comparative fault rule, which means that if you are found to be partially at fault for your injuries, your compensation may be reduced based on your percentage of fault. However, if you are found to be more than 50% at fault, you may be barred from recovering any compensation at all.
Navigating negligence laws in Georgia can be complex, which is why it’s important to have an experienced car accident lawyer on your side. At Slam Dunk Attorney, we have a deep understanding of Georgia’s negligence laws and can help you build a strong case to secure the compensation you deserve.
Types of Financial Compensation
There are several types of financial compensation that could potentially be awarded:
- Economic damages — cover monetary expenses, such as medical bills, lost wages, and property damage
- Non-economic damages — cover losses that don’t have a monetary value assigned to them, such as pain and suffering, mental anguish, and loss of enjoyment of life
- Punitive damages — used as punishment against reckless behavior on behalf of those responsible for the accident.
- Out-of-pocket costs — cover any additional out-of-pocket expenses related to the incident, such as legal fees or travel costs.
How to File a Claim for Damages
Even if you were partially at-fault for a car accident, you may still be eligible for some compensation.
Here are some key steps to follow:
- Gather evidence. Collect as much evidence as possible to build your claim, including photographs of the accident scene and your injuries, witness statements, and police reports.
- Contact an attorney. A personal injury attorney can help you navigate the claims process and ensure your rights are protected.
- File a claim. Submit a written claim to the responsible party’s insurance company, outlining the details of the accident, your injuries, and the damages you are seeking.
- Negotiate a settlement. The insurance company may offer you a settlement to resolve your claim. Your attorney can help you negotiate a fair settlement that fully compensates you for your damages.
- Consider litigation. If a settlement cannot be reached, your attorney may recommend filing a lawsuit to pursue your claim in court.
Filing a claim for damages can be a complex process, but with the help of an experienced personal injury attorney, you can ensure your rights are protected and maximize your chances of receiving fair compensation for your injuries and damages.
Do I Need a Personal Injury Lawyer?
An experienced personal injury lawyer can help you navigate the complexities of the comparative fault rule and ensure that your rights are protected. They can work with insurance companies to negotiate a fair settlement and advocate for your best interests.
Additionally, a personal injury lawyer can help you gather evidence to support your case and demonstrate the extent to which the other party’s negligence contributed to the accident. They can also help you understand your legal options and decide the best course of action to take in your particular situation.
Ultimately, whether or not you need a personal injury lawyer depends on the specific circumstances of your case. However, it’s always a good idea to consult with a lawyer to fully understand your legal rights and options.
We offer free consultations and can help you determine your next steps. Contact Slam Dunk Attorney in Duluth, GA, to schedule your no-cost case review.