How Does Modified Comparative Negligence Work In Atlanta, Georgia?



Posted by: claytoncain | on April 15, 2019


Modified Comparative Negligence In Atlanta, Georgia

In car accident cases in Atlanta, Georgia, the injured parties can file a compensation claim for any damages they may have incurred because of the accident. It is important to note that Georgia is a modified comparative negligence state. This means that if you are in a car accident, you can recover damages even if you are partially at fault. However, if you were 50% or more at fault, you will not be eligible to receive any compensation. If you need more information about modified comparative negligence, you should speak to an Atlanta car accident lawyer.

In general, when you get injured due to the negligent action of another person, you are entitled to recover compensation for all your injuries. For example, if your car got hit on the side by another driver and you developed whiplash, you may be able to recover all the money for your injuries, medical bills, cost of rehabilitation and even lost pay. Even if your case is settled before it goes to court, you will get some type of payment.

In Georgia, the judiciary operates on the basis of modified comparative negligence. This means that the amount of money you will recover will be lowered by how much of a contribution you had to the car accident. For example, if the accident occurred, and if you were 20% at fault, and you get injured, you will not get 100% of the money for your damages. You will be deemed 20% responsible,and  you will only get 80% of the money that you have claimed as compensation. However, if your actions were deemed to be 50% or more at fault for the accident, you are not eligible to receive any damages.

Today, most states have some type of comparative negligence law for car accident cases. The goal is to ensure that the responsible parties are held accountable for their actions and that any compensation payouts are fair. It often happens that both the drivers in a car accident were negligent and that is why the accident occurred. By using this rule, everyone is made to realize their mistakes so that similar behavior is discouraged in the future.

In Georgia, the insurance companies are fully aware of this law and take advantage of it when the opportunity arises. They always try to portray the events in a manner so as to prove that both parties were at fault. The goal is usually to minimize their payout. If you were in a car accident in Atlanta, Georgia, you should always let your car accident attorney deal with the insurance companies. Most people are not very good at handling them, but a car accident lawyer would have the negotiation skills and the legal expertise to deal with their questions and handle their counter-arguments as well as any offers they make in terms of payment.

Remember, whenever there is a car accident, the other party will always argue that you were also partially at fault and did not demonstrate reasonable care. For example, the other party may claim that your turn signal was not working or that your brake lights were out, etc. The insurance company will look at minute details as a means of increasing your percentage of fault, even though they know that the other party is completely at fault. That’s just how these companies operate.

That is why it is important to talk to a car accident attorney who can help collect evidence, witness reports and present a strong argument that you were not at fault or even if you were, that your fault was less than 50%.

Car Accident Attorney in Atlanta, Georgia

If you live in Atlanta, Georgia and were involved in a car accident, you can file a claim for compensation. Call an Atlanta car accident lawyer at Turnbull, Cain & Holcomb for more information. Our car accident attorneys will gather evidence, talk to witnesses (if any), evaluate any photos of the scene of the accident and other important information and prepare a strong argument on your behalf.  Having a car accident lawyer can help you tremendously as they can deter the finger pointing by the insurance company and the other driver. Our car accident lawyers offer an initial free consultation, and you are free to ask any questions. Call us as soon as possible and let us help you get the compensation you deserve.


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