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How Georgia's Law Could Impact Your Car Accident Claim

An Easy Guide to Georgia’s Comparative Negligence Law

By John Foy & AssociatesPublished 2 years ago 3 min read
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Georgia is a modified comparative negligence state, recognizing shared fault between multiple motorists involved in a car crash. If you are less than 50% responsible for the accident, you can still recover damages. However, the amount you recover will be reduced by the percentage of fault attributed to you.

Georgia Is a Modified Comparative Negligence State

Many states, including Georgia, have adopted the "modified comparative negligence" rule, which allows injured parties to recover damages as long as they are less than 50% at fault for the accident. This means if you are found to be 49% at fault for an accident, you can still recover 51% of your total damages.

It is important to note that if a party is attributed 50% or more of the responsibility for the crash, they may not receive damages. Victims can file for compensation, even if they were partially at fault for the collision, as long as their attributed fault is under 50%.

How to Protect Your Car Accident Claim in Georgia

If you are involved in a car accident in Georgia, the following steps can help protect your claim:

Seek Immediate Medical Care

It is critical to seek medical attention as soon as possible. This will ensure that you receive the correct treatment on time. Also, an official record of your injuries will serve as crucial evidence when filing for damages.

Collect Evidence

Next, you should obtain as much evidence as possible from the accident scene. This may include photos of the damage to your vehicle, witness statements, and anything else that could help prove that the other driver was at fault.

Gather Accident-Related Documents

Keep track of any expenses related to the accident, including:

● Medical bills

Physical therapy

● Medical prescriptions

● Auto repair costs

● Lost wages

This documentation will be essential in proving the full extent of your damages.

Seek Legal Counsel

If you have been injured in an accident, it is crucial to speak with an experienced Albany car accident lawyer as soon as possible. A legal expert can help you navigate the legal process and ensure your rights are protected.

What Not to Do After a Collision in Georgia

Knowing what not to do after a car accident is crucial for the success of your case. Yet, this aspect is often overlooked.

Don’t Admit Fault

First, do not admit fault to the other driver or anyone else. Even if you believe that you were responsible, it is essential to wait until all the facts have been gathered before making any statements.

Don’t Sign Documents without Legal Supervision

Do not sign any documents without speaking with a lawyer first. This includes insurance paperwork and settlement offers from the other driver's insurance company.

Go to All Your Doctor Appointments

Do not miss any court dates or deadlines. If you need help keeping track of your court dates and deadlines, trust your attorney to help you respect the schedule.

Consequences of Modified Comparative Negligence Law

Georgia's comparative negligence law has a series of potential consequences for drivers and passengers involved in a car accident.

Recovering Damages

Injured parties may find it more difficult to recover damages if they are partially responsible for the accident.

Insurance Premiums

Drivers may face higher insurance premiums if they were involved in an accident in Georgia.

Financial Recovery for Passengers

Passengers who are not wearing their seatbelts may be denied recovery for their injuries if the accident is determined to be their fault.

Medical Care

All drivers and passengers should seek medical attention as soon as possible after an accident to ensure they receive proper treatment and avoid any potential long-term health complications.

Navigating the Legal System

The law can be complex, so it is vital to have someone on your side who understands the ins and outs of the legal system. A qualified attorney can help you navigate the legal process and ensure you receive the compensation you need for your injuries.

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About the Creator

John Foy & Associates

We are here in Georgia to help people because we know how much injuries can affect life as we know it.

We want to inform people of what they can do and help them understand the legal process and more.

Web: https://www.johnfoy.com/

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