How Georgia’s Modified Comparative Fault Law Affects Personal Injury Claims: Navigating Shared Liability
Published: May 21, 2023
When it comes to personal injury claims, understanding the role of Georgia’s modified comparative fault law is crucial. This law plays a significant part in determining the compensation you may be entitled to receive after an accident. In this blog post, we will discuss the modified comparative fault law in Georgia, how it affects personal injury claims, and the importance of seeking experienced legal support to navigate shared liability.
Understanding Georgia’s Modified Comparative Fault Law
Georgia follows a modified comparative fault system, also known as the “50% rule,” when determining liability in personal injury cases. Under this system, an injured party can recover damages as long as they are less than 50% responsible for the accident. However, the compensation awarded will be reduced by the percentage of fault attributed to the injured party.
For example, if you are involved in a car accident and found to be 30% at fault, while the other driver is 70% at fault, you can still recover damages. However, your compensation will be reduced by 30%, reflecting your share of the responsibility.
How Modified Comparative Fault Law Affects Personal Injury Claims
Establishing fault: One of the most critical aspects of a personal injury claim is determining who was at fault for the accident. Under Georgia’s modified comparative fault law, it is essential to establish the percentage of fault for each party involved to calculate the compensation each party may receive.
Reducing compensation: As mentioned earlier, the modified comparative fault law reduces the compensation awarded based on the percentage of fault attributed to the injured party. This means that even if you are partially responsible for the accident, you can still recover damages, but your compensation will be reduced accordingly.
Proving negligence: To succeed in a personal injury claim, you must prove that the other party’s negligence caused your injuries. This involves demonstrating that the other party breached their duty of care, directly resulting in your injuries and damages.
Insurance negotiations: Insurance companies often use the modified comparative fault law to their advantage during settlement negotiations. They may try to assign a higher percentage of fault to the injured party to reduce the compensation they have to pay. It is crucial to have an experienced attorney on your side to counter these tactics and fight for the compensation you deserve.
Navigating Shared Liability with Experienced Legal Support
Dealing with shared liability in a personal injury claim can be complex and challenging. To ensure that your rights are protected and that you receive the compensation you deserve, it is essential to seek the assistance of an experienced personal injury attorney who understands Georgia’s modified comparative fault law.
The team at Cohen & Sinowski is dedicated to helping personal injury victims in Georgia navigate the complexities of shared liability and the modified comparative fault system. Our experienced attorneys will:
Investigate your case: We will thoroughly examine the details of your case to determine the percentage of fault for each party involved and gather the necessary evidence to support your claim.
Negotiate with insurance companies: Our attorneys will negotiate with insurance companies on your behalf, ensuring that they do not unfairly assign a higher percentage of fault to you in an attempt to reduce your compensation.
Fight for your rights: We will advocate for your best interests, pursuing the maximum compensation you are entitled to under Georgia’s modified comparative fault law.
Represent you in court: If a fair settlement cannot be reached, our attorneys will represent you in court, presenting a strong case to demonstrate the other party’s negligence and your entitlement to compensation.
If you or a loved one has been injured in an accident in Georgia, don’t hesitate to contact Cohen & Sinowski for a free consultation. Our experienced personal injury attorneys will help you navigate the complexities of Georgia’s modified comparative fault law and fight for the compensation you deserve. Call us today at 404-351-8888 or visit our website at www.cohensinowski.com to learn more.