In the State of Georgia, if you are involved in an automobile accident, you need to understand the role of negligence in car accident claims. It is essential to know how proving fault plays a critical role in a potential insurance claim or lawsuit. Georgia is an ‘at-fault’ state, which means if the driver is found to be responsible for the accident, they are then liable for all damages and injuries.
Proving fault is necessary for any legal action. A personal injury lawyer will guide you through this legal process and help you build a successful case. Even if the fault is obvious, the ‘at-fault’ driver’s insurance company can still dispute responsibility. This dispute will lead to legal actions, including a lawsuit. Suppose you happen to be a resident of Atlanta and have sustained injuries in a car accident. In that case, you must consult with experienced Atlanta car accident lawyers to get justice and fair compensation.
How fault plays a role in car accident claims?
When it comes to auto accident lawsuits or insurance claims, two main legal systems exist in the United States. These two legal systems are the ‘no-fault’ and ‘at-fault’ states. In a ‘no-fault’ state, both drivers’ insurance companies are responsible for damages and injuries occurring from a vehicle accident. In ‘at-fault’ states, such as Georgia, the at-fault driver is responsible for compensating damages and injuries.
Proving fault in Georgia means the responsible party will have to compensate the injured plaintiff for any damages or injuries suffered in the accident. There are basic rules for proving fault in a Georgia car accident:
- 1. The driver responsible for the accident is liable for the damages and injuries to other drivers and passengers.
- 2. Proving fault means the driver acted with negligence or was driving recklessly.
- 3. Acting negligently or recklessly means the driver failed to use responsible care while they were driving, violated traffic laws, or was impaired by alcohol or drugs when the accident happened.
Before a car accident claim is filed, you should contact an experienced personal injury lawyer to ensure your case is successful. A successful case means you will receive a fair settlement for your injuries and the damages you suffered in this accident.
How negligence and fault play a role in personal injury cases?
If negligence or fault is proven in a car accident claims in Georgia, and you’ve been injured as a result of this accident, you could pursue the following damages:
1. Property Damage
Property damages will include any repairs your vehicle needs or replacement of the vehicle if it is not repairable. If you lost any other property as a result of this accident, you can also file for compensation for these items.
2. Medical Expenses
Medical expenses will include all costs related to the treatment of your injuries suffered in the accident. These costs include hospital stays, follow-up treatments, surgeries, and any other medical treatment necessary to treat the injuries you’ve suffered in the accident.
3. Pain and Suffering
Pain and suffering encompasses physical and emotional distress resulting from the accident. These conditions include mental anguish and chronic pain.
4. Lost Wages
Lost wages are if you were not able to perform your work duties because of the injuries you suffered in the accident. You can ask for compensation for any paychecks missed because you were unable to work.
Proving Fault in Car Accident Claims Determines Who Pays Damages
If a driver is proven to be ‘at-fault’ in a car accident claims, there are three options for you to seek compensation:
- 1. File a claim with your insurance, which will seek compensation from the driver determined to be ‘at-fault’.
- 2. Talk directly to the ‘at-fault’ driver’s insurance company.
- 3. File a personal injury lawsuit against the ‘at-fault’ driver in civil court.
While these are all options you can pursue after you’ve been injured by a negligent driver in an auto accident, you will find them challenging without the help of a personal injury lawyer. Laws and rules can become complex and difficult to understand and follow. A personal injury lawyer has the experience needed to deal with insurance companies who will attempt to minimize your claim for damages.
“Facing a car accident claim can be overwhelming and complex, but with the help of experienced car accident lawyers, you can confidently pursue the compensation you deserve for your injuries and damages.”Lawyer from The Dixon Injury Firm.
Proving fault requires presenting evidence that will show the other driver was primarily responsible or that a larger part of the fault is assigned to them. You want the experience of a personal injury lawyer to obtain this evidence and present the best possible case so you receive a fair settlement.