It may be possible to receive compensation if you are partially responsible for your accident. Georgia has a special law in place to address this specific issue, known as a “contributory negligence” law.
According to OCGA §51-12-33, accident victims are eligible for financial compensation as long as they are less than 50% liable for the accident in question. Any percentage of liability over 50% virtually disqualifies you from receiving a settlement since you were responsible for the majority of the accident.
How Contributory Negligence Works?
To determine your eligibility for compensation, the court will examine the facts surrounding your case and assign a percentage of liability to your actions. This percentage of liability will have a direct correlation to how much compensation you can recover. Once the outside factors are fully examined, this percentage of culpability will be applied to the amount of compensation you were awarded.
For example, if the court determines that you were 25% responsible for a car accident and you were awarded $100,000 in damages, the percentage will be subtracted from your damages, leaving you with a total of $75,000 in compensation.
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How a Personal Injury Attorney at Our Firm Can Help You Fight for Compensation
If you retain a personal injury attorney with our firm, they can be there to help you gather evidence, negotiate settlements, and take your case to court, among many other services. Additionally, their knowledge of the law may be helpful if you find yourself fighting against unjust accusations.
At a base level, your attorney can help you build your case from the ground up, revealing the truth about your accident in the process. In a perfect world, the more evidence you have to back up your claims, the more accurate your settlement will be.
With our firm, you will have access to a variety of legal services during your fight for compensation, including:
- Helping you understand the different deadlines and laws that affect your case
- Dealing with insurance companies and filing claims
- Submitting evidence for forensic examinations
- Gathering eyewitness testimony
- Calling upon the testimony of industry professionals and other expert witnesses
- Calculating the value of your financial losses, physical suffering, and mental anguish
- Working to prove liability
Adding Up the Value of Your Accident
The value of your specific accident will depend on a combination of:
- Physical injuries
- Monetary losses
- Work-related issues
- Psychological hardships
For example, you may have accrued thousands of dollars in medical bills during the immediate aftermath of your accident. Additionally, you may be eligible for more compensation to make up for the ongoing effects of your long-term injuries.
When dealing with monetary losses, like lost wages, property damage, and medical expenses, adding up the value of your case is relatively simple. You need to gather up as much physical documentation as possible, including invoices, bills, and receipts, and establish a link between these losses and the accident in question.
However, the process of appraising your case value becomes more complicated when you consider the psychological ramifications of your accident. That is why some victims seek out the help of personal injury lawyers during this process. Your attorney can put you in contact with medical professionals and other specialists who can add important context to your unseen trauma.
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You Must File Your Lawsuit Within a Specific Time Frame in the State of Georgia
For most personal injury cases, OCGA §9-3-33 establishes a two-year statute of limitations. This time limit remains the same for a variety of accidents, from car accidents to pedestrian accidents to slip and fall cases and beyond. However, cases brought against government organizations must be filed even sooner.
Your personal injury attorney can help you keep track of these important deadlines without forcing you to study the extensive laws that surround these statutes. This can save you precious time and unneeded anxiety along the way.
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Understand Your Rights with Our Personal Injury Lawyers By Your Side
Here at our firm, our attorneys want to make personal injury law a little less confusing for the average person. They can be there for you during every step of your battle for compensation. Whether you intend on filing a lawsuit or you simply wish to file an insurance claim, we can be there to help lighten your load during this difficult time.
At the end of the day, many victims do not realize they can still be compensated for their losses even if they contributed to the accident. Chances are, there are many more laws, regulations, and guidelines you are not aware of yet.
To make things easier, our law firm is proud to offer a free consultation during which you can ask any pressing questions that are weighing on you and your loved ones.
Get help from Kaine Law Today
You do not have to go through this alone. To get started on your case today, contact a Kaine Law representative at (404) 214-2001.