Car accident 101: Georgia laws, hiring a lawyer, and more!
Auto accidents, collisions, and crashes are not rare in Georgia. People often do not know much about personal injury laws or what they should do after a car accident. This can mean losing out on potential compensation for their losses, especially when the accident happened because of someone’s fault or neglect. In this post, we are sharing more on car accident laws in Georgia, when you should hire an Atlanta personal injury attorney, and other aspects that matter.
Car accident laws
- Georgia is a fault state. This means that the person/driver responsible for causing the car accident should pay compensation to the victim(s), typically through their insurance company, up to the available coverage. However, when the insurance amount or offer is not enough, the victim can file a personal injury lawsuit, to recover the losses and damages.
- What happens when you are partially at fault for the car accident? In such circumstances, the modified comparative negligence rule applies in Georgia. If someone had share of fault but has suffered losses/injuries, they can still file a personal injury lawsuit, provided their share of fault is less than 50%. However, their awarded compensation will be reduced by their share of fault in percentage.
- The statute of limitations in Georgia allows two years to file a personal injury lawsuit (or wrongful death lawsuit as applicable), after a car accident. In case of wrongful death lawsuits, the count starts from the date of the death.
When do you need a personal injury attorney?
While you don’t necessarily need an attorney, this could be a wise decision. Hiring a personal injury attorney is recommended, if –
- You were partly at fault
- There is no clarity about the cause or fault
- Your injuries are severe, or debilitating
- You have sustained extensive losses
- You believe that the other party may pin the blame on you
- There were commercial trucks involved
- There were more than one driver at fault
Most personal injury attorneys in Georgia work on a contingency basis. This means you don’t have to pay an upfront fee to the lawyer, until they win. Your lawyer will take a part of the settlement as their contingency fee, which is typically not more than 40%. Don’t shy away from asking questions related to the experience and experience of the attorney. A good lawyer should have the experience of negotiations and handling things at trial.