Even if the accident is partially your fault, Georgia law will allow you to pursue compensation based on your losses and injuries stemming from the car accident. There are many factors that affect car accidents, and an investigation will be conducted to prove whether both drivers were negligent at the time of the accident. You should visit an attorney right away to talk about your accident and the factors that can affect your case.
Deciding who is at fault in an accident is the main task of the legal teams representing both parties that were involved in the accident. In some cases, it is obvious who should be liable for causing an accident, but in other cases, it’s harder to determine.
Georgia’s comparative negligence laws are laid out in the Official Code of Georgia Annotated (O.C.G.A.) § 51-11-7 and split the responsibility of the accident between the parties involved. For example, if one driver was driving sober through an intersection at a green light but was T-boned by a drunk driver who was speeding at the time of the accident, the drunk driver will be held liable for all damages.
If two drivers are involved in an accident, and it is discovered that one was under the influence at the time, and the other was fatigued after working an overnight shift, then both parties may share the blame, though the drunk driver may share more of the blame. If a driver shares 49 percent or less fault for causing an accident, they can receive compensation for their financial losses and pain and suffering.
Damages In A Car Accident
There are two types of damages that victims can recover in a personal injury case, and they are broken down by type. Economic damages cover financial losses stemming from the accident, which are traditionally medical expenses for the emergency room visit and all follow-up care, lost wages, future loss earning potential, and damaged property, e.g., the damage to your car.
Non-economic damages compensate you for your intangible losses such as emotional distress and physical suffering. If you have suffered any of the following, then talk to your attorney about recovering non-economic damages:
- Physical and emotional pain and suffering
- Loss of consortium
- Inability to sleep
- Permanent disfigurement
- Lost enjoyment of life
Should I hire an attorney?
Yes, you should hire a personal injury attorney immediately who specializes in car accidents to represent you and be your advocate in court. First, they can tell you what your case is worth and will use their years of experience and legal knowledge to argue for you to get the maximum compensation possible. They will fight to reduce your liability, all the while guiding you and answering your questions promptly and with compassion.
Secondly, they will negotiate with the insurance company for you. If the insurance company is denying your claim or underpaying you for your injuries and damages, then your personal injury attorney steps in to negotiate a better deal. The insurance companies are notorious for taking advantage of injury victims, but they won’t attempt those tricky behaviors when talking to your lawyer.
Lastly, professional attorneys develop professional relationships with experts in the fields of accident reconstruction, medicine, physical therapy, and other fields so that they can serve as expert witnesses on your case. They can elaborate and explain why a medical procedure was necessary or how an accident occurred. They are especially helpful in these kinds of cases where liability is harder to determine.