Georgia law entitles you to file a claim for compensation for damages in certain types of accidents. You might file a claim if you are injured in motor vehicle crashes (MVCs) involving cars, trucks, and motorcycles. A Georgia car accident lawyer will help you understand your rights. If you have a valid claim, they will assist you with filing a claim and building your case. 

Georgia Is a Fault Car Insurance State

In Georgia, an at-fault driver is liable for personal injuries and/or property damage resulting from a crash that they caused. If you are injured in a motor vehicle accident, you won’t get compensation automatically. It is up to you to seek the compensation you need for damages in one of the following ways:

• File a Claim with Your Car Insurance Company — In turn, they will seek compensation from the insurance company of the at-fault driver.
• File a Claim Directly with the At-Fault Driver’s Insurance Company — Either get this information from the other party after the accident or from the police report.
• File a Personal Injury Lawsuit Against the At-Fault Driver — Many drivers opt to carry minimum insurance coverage mandated by the state. In Georgia, the minimum is $25,000 for bodily injury per person, $50,000 per incident, and $25,000 for property damage liability. Considering the high cost of medical treatment and the price of a new car, it isn't surprising that the insurance isn't always enough to cover your damages. If you have serious injuries or your car is totaled, talk with a car accident attorney about filing a personal injury lawsuit.

The majority of personal injury lawsuits are settled during negotiations, and they never go to court. Make sure you get an experienced lawyer with a record of success to negotiate on your behalf. They should also be experienced in mediation in case yours is one of the rare cases that go to court. 

Contact The Boone Firm to schedule a consultation. Learn more about your rights and which type of claim is right for your situation. 

Comparative Negligence in Georgia

Georgia follows the rule of modified comparative fault to determine liability. That means both drivers can be at fault in an accident. If you are injured in an accident and you are no more than 49% at fault, you can receive monetary compensation for your damages.

For example, if you are driving 10 mph over the speed limit when another vehicle runs through a red light and hits you, the court might rule that you are 10% liable for the accident. If the court awards you $50,000 for your damages and injuries, they will remove 10% of the amount for your part of the liability. You will receive $45,000.

If you should be at fault for 50% or more of the liability, you can’t receive any monetary compensation. That means that only one driver can receive compensation from a single accident.

Determining Fault in a Car Accident

If you are no more than 49% at fault for a car crash in Georgia, you can collect compensation. But how do you know if you are at fault or if the other driver is to blame? Georgia has legal requirements that must be satisfied to determine fault in any motor vehicle crash. They include:

1. There is the existence of a duty of care — Every driver in the state has a duty to others to act responsibly and reasonably while driving.
2. Breaching the duty of care — A distracted driver or one who breaks the law and causes a car crash breaches this duty. A driver who runs a red light or is driving under the influence is at fault for the accident because they breached the duty of care.
3. The accident is directly caused by the breach of duty — The breach of duty causes the accident and results in damages and injuries.
4. There are injuries, damages, and losses — If you were not injured and did not have any losses, you can not claim compensation.

If the other driver was negligent or breaking the law, they are probably at fault for the accident. If you received injuries or losses related to the accident, you might collect for your damages from the other driver.

Even if you aren’t injured, you might get compensation if you have extensive damages. For example, if your car is totaled, you might be able to file a property damage lawsuit against the at-fault driver. You might receive enough funds to pay for necessary repairs or for a new vehicle.

Every car accident is different. The laws involving accident injury claims are complex. Talk with an attorney to learn whether you qualify for compensation.

Types of Damages After a Georgia Car Accident

Georgia law allows you to seek special, general, and punitive damages following a car crash. Special damages are for things like lost wages, medical bills, and earnings you will lose in the future. You might also qualify for compensation for travel to medical treatments, childcare, and housekeeping. Anything that you can’t do because of your injuries might qualify for compensation.

General damages are for things like pain and suffering, emotional distress, and scarring. While these things aren’t monetary, you can still receive damages for these types of losses.

Punitive damages are not awarded as often as the other types of damages. These are reserved for cases where the other driver acted in a willful or malicious manner. The judge might award punitive damages as a way to punish negligent drivers. The state of Georgia caps punitive damages at $250,000.

When to File a Car Accident Claim

The statute of limitations for filing a personal injury claim in Georgia is two years. If you don't file a claim within two years from the time of the accident, you will lose your right to compensation. 

Don't wait to contact The Boone Firm to discuss your options for receiving compensation. A personal injury attorney can advise you on the types and amount of damages you can expect and the best path forward for you. If you've gotten injuries from a car accident that was another driver's fault, contact us today.