The aftermath of a car accident can be devastating. When you have sustained serious injuries, this may mean paying huge medical bills and losing out on income. If the accident happened because of the other driver’s fault, you can file an insurance claim with their insurer, asking compensation for your damages. In case you wish to file a personal injury lawsuit, you need to consider multiple aspects, including your share of fault. In this post, we are sharing more on car accident laws in Georgia, and why you need an Atlanta personal injury attorney.
Basic laws in Georgia
The statute of limitations in Georgia allows two years, to bring a personal injury lawsuit against the at-fault driver. If the accident resulted in death, the immediate family can pursue a wrongful death lawsuit, but there is again a deadline of two years. Note that the statute of limitations doesn’t apply to insurance claims. The clock starts ticking from the date of accident or death, as applicable.
What happens when more than one party is at fault? In such cases, Georgia follows the modified comparative negligence rule. This means that a party can file for compensation, as long as their share of fault is less than 50%. Also, their compensation will be reduced by their share of fault (in percentage).
Why should you hire a personal injury attorney?
While you can file an insurance claim on your own after a car accident, hiring a personal injury attorney is always advisable. An attorney can –
- Talk to the insurance company and negotiate on your behalf. Insurance companies often try tactics to minimize the claim amount, and your personal injury attorney can see through all that.
- Establish liability. Who is liable for your injuries? What if you had a share of fault? In most cases, the insurance company will launch their own investigation into the matter, and they may try to shift the blame on you. With an attorney, you can hope to prove your claim, because lawyers do their share of homework and gather evidence to prove fault.
- Dealing with the paperwork. Even a small mistake in your paperwork can impact your claim. Also, filing a personal injury lawsuit takes considerable effort and time. If you have an injury lawyer, they will handle all the legal formalities, and you can stay back home to recover.
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