Accidents happen, but not all of them are truly accidental. If you were injured because of a distracted, drunk, or reckless driver, you may have a valid personal injury claim. In Georgia, the law allows victims to seek compensation if they can prove that someone else’s negligence caused their injuries. Understanding your rights is key to ensuring you get the justice and financial support you deserve. Before you assume fault or accept a settlement, make sure you aren’t falling for common car accident myths that could cost you big time. Learn more here.
What Makes an Accident a Personal Injury Case?
A personal injury case isn’t just about being involved in an accident—it’s about proving fault. To have a successful claim, you need to show that:
- The other party had a duty to act responsibly.
- They failed to meet that duty through negligence or reckless behavior.
- Their actions directly caused your injuries.
- You suffered damages, such as medical bills, lost wages, or pain and suffering.
If a driver was texting, speeding, or under the influence, they likely violated their duty to drive safely. That means you have the right to hold them accountable.
What Compensation Can You Recover?
If you can prove another person was at fault, you may be entitled to financial compensation for:
- Medical expenses (including future treatments and rehabilitation)
- Lost wages and reduced earning capacity
- Property damage
- Pain and suffering
- Emotional distress
Georgia follows a modified comparative negligence rule. This means that as long as you are less than 50% responsible for the accident, you can recover damages. However, your compensation will be reduced by your percentage of fault. For example, if you were found 20% responsible, your settlement would be reduced by 20%.
Additionally, some injuries, like traumatic brain injuries (TBIs), may not show immediate symptoms. If you’ve been in an accident, you might have a TBI without realizing it. Find out more here.
Why Legal Help Matters
Insurance companies are not on your side—they will try to minimize your payout. A personal injury attorney can help gather evidence, negotiate with insurers, and fight for the maximum compensation you deserve. At Benavidez Law Firm, we are committed to protecting your rights and ensuring you are not left covering the costs of someone else’s negligence.
If you have been injured in an accident in Georgia, do not settle for less than you deserve. Contact us today for a free consultation, and let us help you take the next steps toward justice.
