Compensation is a big question in the minds of anyone who has been in an accident. When you’ve suffered injuries or property damage and want to file a claim, you need to know whose insurance will be paying for your losses. Since Georgia is not a no–fault state, the party who caused the accident is required to pay for damages and injuries in an accident.
At Slam Dunk Attorney, we provide you with answers and legal advice regarding how to make a claim under Georgia’s at-fault laws. When you hire a Duluth car accident lawyer, they will specifically, intentionally, and purposefully review your case and represent you to make sure you get the compensation you need for your claim.
What a Georgia Personal Injury Lawyer can do for You
A personal injury lawyer in Duluth can help you navigate the nuances of the state’s fault laws, provide legal advice, and strategically tailor a plan of action for your case. An experienced lawyer will have the knowledge to investigate and negotiate any situation that may arise with the insurance company or the at-fault party. They can also speak on your behalf and ensure your rights are protected throughout the process.
These are just a few of the benefits of working with a personal injury attorney in Georgia. When you work with a lawyer, you also receive representation whether you are trying to receive a settlement from an insurance company or have to go to court.
Because a lawyer has many resources and access to experts, they can reduce your stress while also seeking the maximum compensation you may be entitled to receive.
Additionally, all claims in Georgia car accidents must be settled or litigated within a set period of time after the event occurred, which is known as the statute of limitations. According to Georgia Code § 9-3-33, any action taken to seek damages for injuries must be filed within two years. After this, no further claims can be brought forward.
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No-Fault vs. At-Fault Insurance
While 12 out of the 50 states take a no-fault approach to insurance claims, Georgia is not among them. Instead, Georgia is an at-fault state that requires drivers to pay for damages if they cause an accident. Comparing the two approaches states take in relation to insurance claims shows distinct differences.
In an at-fault state like Georgia, an injured party may receive compensation from the individual who caused their injuries. The offending party or their insurance company must pay for any losses they caused as a result of their negligent or reckless behaviors. This is established by determining fault.
Conversely, a no-fault state requires individuals who have been in an accident to file their claims with their own insurance companies. No-fault states typically require policyholders to have personal injury protection (PIP) coverage to cover medical expenses and lost income in the event of an accident.
With this coverage, victims can receive compensation from their own insurance companies no matter who caused the accident, but additional compensation can be sought via a legal claim if there is a gap between the compensation provided and that which is needed.
Georgia’s Modified Comparative Negligence Laws
According to Georgia Code §51-12-33, Georgia operates under a modified comparative negligence law. When an accident occurs, fault will be determined after reviewing the facts of the event. Determining fault is key to establishing negligence and seeking a claim.
Once fault is determined in an accident, each party will receive a percentage value that represents their level of liability in causing the accident. All individuals that were involved are assigned percentages even if they may not be named in the lawsuit. The potential damages to be awarded are then reduced by the percentage of fault each party was assigned.
However, if the injured individual is found to be 50% or more responsible for causing the event, they are not entitled to receive any compensation for their injury claim.
It is important to talk to your lawyer about your situation and what rights you may have in making a claim. Their thorough case evaluation will allow them to provide you with the best counsel and strategies for moving forward.
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How to File a Claim After an Accident in Georgia
When seeking compensation after an accident, it is important to know what steps to take when filing a car accident lawsuit. You should always get checked out by a medical professional and then keep those records to use later in your claim or lawsuit. You should also get photos, videos, witness statements, and a police report to use as evidence in your case.
To file a claim, you must contact your insurance company and preferably a personal injury lawyer who can guide you through the process. The insurance company and your lawyer will then review the evidence to determine fault and calculate what your damages are worth. With this information, negotiations can begin for your settlement, and if an offer can not be agreed upon, then a lawsuit can be filed.
In the event that your claim is litigated, it will go through a process of discovery to dive deeper into the details of the accident and what injuries and changes to your life you have sustained.
Any relevant documents, evidence, or statements can be used to support your claim during the lawsuit or in a trial if necessary. If your case goes to trial, a judge and jury will hear both sides before issuing a verdict, which may be appealed at a later date if needed.
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Bounce Back with Legal Representation
The team at Slam Dunk Attorney understands the complexities that come with fault laws and making claims. When you work with one of our experienced personal injury attorneys, you receive thorough legal advice based on your situation and a shot to bounce back to normal as much as possible after your accident.
Schedule a free consultation with our team today to get your questions answered and move forward with your claim.
Call or text 404-951-3513 or complete a Free Case Evaluation form
