When it comes to personal injury claims in Georgia, understanding the state’s comparative negligence law is crucial. This legal principle can significantly impact the amount of compensation you receive after an accident. Knowing how fault is calculated and why having an experienced attorney can make a critical difference in your case.
What Is Comparative Negligence?
Georgia follows a “modified comparative negligence” rule, which means that your compensation in a personal injury case is determined by your percentage of fault in the accident. This rule has two important aspects:
- Fault Threshold: If you are found to be 50% or more at fault for the accident, you cannot recover any damages.
- Reduced Compensation: If you are less than 50% at fault, your compensation will be reduced by your percentage of fault. For example, if your damages are $100,000 and you are found 20% at fault, you can only recover $80,000.
How Fault Percentages Are Determined
Fault is typically assigned by insurance adjusters, attorneys, or a jury, based on evidence like:
- Police reports
- Eyewitness statements
- Photos and videos of the accident scene
- Expert testimony, such as accident reconstruction specialists
Each piece of evidence plays a role in demonstrating what happened and assigning responsibility. However, insurance companies often aim to maximize your fault percentage to minimize their payout. This is where legal representation becomes essential.
Why Hiring an Attorney Matters
Dealing with comparative negligence claims can be complex. Insurance companies may use aggressive tactics to shift blame onto you, potentially reducing or eliminating your compensation. An experienced personal injury attorney can:
- Investigate the accident thoroughly to gather evidence supporting your claim
- Negotiate with insurers to minimize your fault percentage
- Advocate for you in court if necessary
At Benavidez Law Firm, we understand how to navigate Georgia’s comparative negligence laws. Our team works tirelessly to protect your rights and ensure you receive the maximum compensation you deserve.
If you’ve been injured in an accident, understanding Georgia’s comparative negligence law is key to protecting your financial future. Contact Benavidez Law Firm today for a consultation. Let us fight for you so you can focus on your recovery.
