When a car accident occurs, determining who is at fault is crucial for insurance claims and potential legal action. However, in many cases, both parties may share some degree of responsibility. In the state of Georgia, this concept is known as comparative fault or comparative negligence. As experienced Snellville car accident lawyers, our team at Griffin Law Firm is here to help you get through this complicated legal process.
What Is Comparative Fault?
Comparative fault is a legal principle that assigns a percentage of blame to each party involved in an accident based on their respective contributions to the incident. Under the Georgia comparative negligence law, an injured party can still recover damages even if they are partially at fault as long as their percentage of fault is less than 50%.
For example, let us say you were involved in a car accident where the other driver ran a red light, but you were also speeding. If the court determines that the other driver was 70% at fault and you were 30% at fault, you would be entitled to recover 70% of your total damages. This means that if your total damages amounted to $100,000, you would be able to recover $70,000 from the other party.
It is essential to understand how the Georgia comparative negligence law works, as it can significantly impact the outcome of your car accident case and the amount of compensation you may receive.
Proving Fault in a Comparative Negligence Case
To maximize your compensation in a negligence car accident case, you will need to gather strong evidence to support your claim and minimize your percentage of fault. This may include:
- Police reports that provide an official account of the accident and any citations issued
- Witness statements from individuals who saw the accident occur and can provide an objective perspective
- Photos or videos of the accident scene, the damage caused by the accident, and any visible injuries
- Medical records documenting your injuries, treatment, and prognosis
- Expert opinion by expert professionals who can create a detailed report from evidence and provide an opinion on the fault
An experienced Snellville car accident lawyer can help you gather this evidence and build a strong case to protect your rights and interests. They can also work with experts to reconstruct the accident and demonstrate how the other party’s negligence contributed to the incident.
Comparative Fault and Insurance Companies
Insurance companies often use comparative fault as a tactic to reduce their payout on a claim. They may argue that you were partially at fault even if the evidence suggests otherwise. This is because insurance companies are primarily concerned with their bottom line and will look for any opportunity to minimize their financial responsibility.
It is crucial to have a Snellville car accident attorney to negotiate with the insurance company and ensure that you are not unfairly blamed for the accident. Your lawyer can present evidence to counter the insurance company’s arguments and fight for the full compensation you deserve. They can also handle all communication with the insurance company, relieving you of the stress and uncertainty that often comes with these negotiations.
In some cases, the insurance company may offer a quick settlement that does not fully account for your damages. It is important to have your lawyer review any settlement offers before accepting them to ensure that you are receiving fair compensation for your losses.
Georgia Comparative Negligence Law: Statute of Limitations
You have two years from the auto crash date to file a lawsuit in Georgia. If you miss this deadline, you may lose your right to seek compensation entirely. This means that if you wait too long to take legal action, you may be barred from recovering any damages even if the other party was clearly at fault.
However, there are some exceptions to this rule. In such situations, the statute of limitations may be shorter or longer depending on the specific circumstances of your case. An experienced car accident lawyer can help you understand the specific deadlines that apply to your case and ensure that your claim is filed in a timely manner.
It is crucial to consult with a lawyer as soon as possible after your accident to ensure that you do not miss any important deadlines. Your lawyer can also help you gather evidence while the details of the accident are still fresh in your mind.
The Role of a Snellville Car Accident Lawyer
A comparative fault case can be confusing, especially when you are also dealing with the physical and emotional aftermath of a car accident. A knowledgeable Snellville car accident lawyer can guide you through the legal process and fight for your rights every step of the way.
At the Griffin Law Firm, our team of experienced Snellville car accident lawyers is dedicated to helping injured clients in Snellville and throughout Georgia. We understand the impact that a car accident can have on your life, and we are here to help you get the compensation you need to move forward.
Seek Legal Help
Comparative fault can significantly impact your ability to recover compensation after a car accident in Georgia. Understanding how this legal principle works and having a skilled car accident lawyer on your side can protect your rights and maximize your chances of a successful outcome.
If you have been injured in a car accident, do not hesitate to contact the Griffin Law Firm for a free consultation. Our knowledgeable and compassionate Snellville car accident lawyers are here to fight for the compensation you deserve!