Understanding Car Accident Compensation in Georgia

Car accidents can result in various adverse outcomes, from injuries and property damage to the loss of lives. In Georgia, victims of car accidents have a right to seek compensation for their injuries and damages. This post guides you on what you need to understand about car accident compensation in Georgia.

Types of Financial Recovery

Victims are entitled to different types of compensation following a car accident such as:

• Medical expenses: This includes all costs incurred for treatment, rehabilitation, and other healthcare services that the victim may need after an accident.
• Lost wages: If the victim is unable to work due to injuries sustained from the accident, they may be compensated for lost income.
• Property damage: This covers the cost of repairs or replacement of damaged vehicles or other properties.
• Pain and suffering: This includes physical pain and emotional distress resulting from the accident.

The Fault System in Georgia: An In-depth Look

Georgia operates under what is known as a ‘fault’ system when it comes to car accidents. This system implies that the person who caused the car accident (the at-fault party) is held financially and legally responsible for any damage or injury that results from the event.

An essential aspect of this system is the principle of negligence. According to this principle, every driver is obligated to exercise a reasonable degree of care when operating a vehicle. If a party fails to observe this standard and causes an accident, they are considered negligent and thus ‘at fault’.

The fault-based system affects how accident victims can pursue compensation for their losses. There are three ways:

1. Filing a claim with their own insurance company: The insurance company then seeks reimbursement from the at-fault party’s insurance provider – a process known as subrogation.
2. Directly filing a claim with the at-fault party’s insurance company: This is also known as a third-party claim. It’s worth noting that dealing directly with another person’s insurer can be complex and often requires an understanding of Georgia accident and insurance laws.
3. Filing a personal injury lawsuit in civil court against the at-fault driver: This is usually the last resort and commonly occurs when the at-fault party’s insurance company denies a claim or when negotiations reach an impasse.

However, determining who is at fault isn’t always clear-cut. Occasionally, both parties involved in a car accident share some degree of negligence. In such scenarios, Georgia’s modified comparative fault laws come into play. The law allows a victim who is less than 50% at fault to seek compensation, but the amount they receive is reduced by their percentage of fault.

Understanding Georgia’s fault system is crucial to accurately navigating the sometimes complex landscape of a car accident claim. It aids in knowing where to file a claim, potentially improving the likelihood of an accurate and fair settlement. For more complex cases, it is advisable to engage a legal professional to help interpret how these laws apply to your unique situation.

Proving Liability

To get compensated, you must show proof that the other party was at fault. This can involve proving:

• The defendant had a duty of care
• The defendant breached this duty
• The breach caused your injury
• The injury led to financial loss or suffering

Consulting with a knowledgeable car accident attorney can help you gather relevant evidence to build a strong case.

Key Georgia Car Accident Laws

It’s essential to be conversant with Georgia’s car accident laws, mainly:

• Statute of Limitations: In Georgia, victims have up to two years from the date of the accident to file a lawsuit for personal injuries, and four years for property damage claims.
• Comparative Fault Rule: Georgia uses a modified comparative fault rule. If you’re found to be partially at fault for the accident, your total compensation can be reduced by your percentage of fault. However, if you’re more than 50% at fault, you cannot recover any damages.
• Mandatory Insurance: Georgia law requires all drivers to have liability insurance to cover any accidents they may cause.

Importance of Hiring an Attorney

While you can handle a car accident claim yourself, it’s advisable to hire a car accident attorney, especially in cases involving severe injuries, complex liability issues, or disputes with insurance companies. A good lawyer can help you understand your rights, gather evidence, negotiate with insurance companies, and represent you in court if necessary.

Conclusion

As a victim of a car accident in Georgia, it’s vital to understand your rights and the compensation you’re potentially entitled to. Although seeking medical care should be your priority after a car accident, familiarizing yourself with Georgia’s car accident laws is equally important. A reputable car accident lawyer could make all the difference in successfully claiming the compensation you rightly deserve.

At Cohen & Sinowski, we understand the daunting and stressful process of seeking compensation after a car accident. Offering free consultation and charging no fee unless we win, we strive to make the legal process as smooth and straightforward as possible for you. Our highly skilled personal injury attorneys, Scott S. Cohen and Thomas C. Sinowski, II, are ready to fight on your behalf to secure the justice and compensation you deserve. Contact us online or call us at 404-351-8888 today. #localmatters

Remember, understanding Georgia’s car accident compensation doesn’t have to be complicated. With this guide and the help of our professionals at Cohen & Sinowski, you’re better equipped to navigate the legal landscape should you ever find yourself in such an unfortunate situation.