Even if you share fault for a car accident, you can still file a personal injury claim against the at-fault party. It is a good idea to hire an attorney serving Smyrna as soon as possible to explore your rights.
There are limits on how much you can recover in compensation if you share liability for a crash. A Smyrna personal injury lawyer can make sure you get every dollar you deserve. Bader Scott Injury Lawyers is ready to learn your story and advocate for financial compensation. We offer free initial consultations.
You Can File a Personal Injury Claim Even if You Share Fault
According to O.C.G.A. § 51-12-33, you have the right to file a personal injury claim so long as your case meets the following conditions:
- Someone else is completely responsible for your accident; or
- Someone else is primarily responsible for your accident. This means that, even though you are partly liable for what happened, the other party’s share of liability exceeds yours. Your percentage of liability cannot exceed 49 percent, or else you cannot recover financial damages; and
- You file your case within the deadline set by the insurance provider for filing such claims. You can either visit the insurer’s website or ask your car accident lawyer for help in figuring out how long you have to file your claim.
How Liability Affects Your Personal Injury Claim
Put simply, the greater a person’s share of responsibility, the less they can receive in a legal action in Smyrna. The following hypotheticals may help you to better understand this point:
- Driver A has the right of way at an intersection. Driver B blows through a stop sign and hits them. Driver B is 100 percent at fault, so they must pay Driver A for 100 percent of their injuries.
- Now, suppose that Driver A, though they did have the right of way, failed to signal before turning and being hit by Driver B. The insurer may decide Driver A is 25 percent at fault, so their payout is reduced by 25 percent.
- In both of these scenarios, Driver B is overwhelmingly responsible for the accidents (100 percent and 75 percent, respectively). Since Driver B’s share of fault exceeds 49 percent, they are ineligible to seek compensation from Driver A.
Should You Try to Hide Your Share of Fault After an Accident?
No. Misrepresenting or concealing your actions can only make things harder for you. Changing your story partway through the proceedings makes you look dishonest and could give the insurer a reason to deny your claim.
When the police arrive at the scene, provide short and factual answers until you can speak to an attorney. With your legal representative, be as open and as complete with your answers as you can. This is the only way they can truly help you get the money you qualify for.
For a free legal consultation, call (404) 888-8888
Personal Injury FAQs
Can I Pursue Punitive Damages in My Atlanta Personal Injury Case?What Types of Personal Injury Cases Are Common in Atlanta?How is Liability Determined in Atlanta Personal Injury Cases?How Can I Protect My Rights When Dealing with Insurance Adjusters in Atlanta?When Should I Hire a Decatur Personal Injury Lawyer?What’s the Statute of Limitations for Personal Injury Claims in Decatur?What if Filing a Personal Injury Claim After a Smyrna Accident Is Not Enough?
Not only can you file a personal injury claim if you share fault for an accident in Smyrna, you can also file a lawsuit against whoever bears primary responsibility for your severe injuries. The rules for filing a lawsuit are much the same as they are for filing a claim:
- You cannot recover compensation if you are more than 49 percent liable.
- You must respect all relevant deadlines. In legal cases, this deadline is two years from the date of the accident, per O.C.G.A. § 9-3-33.
- You must collect enough evidence to prove to the insurance company that your share of fault is small enough that you still qualify for damages.
Why You Might Want to Consider a Lawsuit in Smyrna
When you file a claim, you are informing the liable party’s insurer that its client is responsible for your injuries, and it should compensate you for your unnecessary suffering. If the insurer refuses to cooperate, it may be time to consider taking the matter to court.
A Smyrna car accident lawyer can help you by:
- Negotiating with the insurer to try to get your case settled out of court
- Telling the insurer that you are willing to take your case to trial if they do not offer a fair settlement in a timely fashion
- Preparing your case for court by submitting trial exhibits (evidence), finding people who can testify on your behalf, and writing oral arguments they can make in front of the jury
- Representing you at trial so you do not have to speak on your own behalf (unless you both decide that you should take the stand)
How Many Personal Injury Cases Go to Trial in Smyrna?
The percentage of personal injury cases that go to trial is very small. There are many reasons for this––namely that insurance companies don’t want to go to trial. That said, in situations where disputes between insurer and claimant cannot be resolved through negotiations, a trial is a useful tool for you and your lawyer to have.
Compensation You Can Get From an Accident Claim in Smyrna
While the amount you can get from a claim or lawsuit depends on your share of fault, the types of compensation you can expect to receive are not affected by liability. You can ask for money based on your:
- Physical pain and suffering
- Reduced quality of life
- Loss of consortium
- Disability
- Medical expenses
- Property damage
- Loss of earning capacity
- Lost income and job-related benefits
- Emotional distress
- Out-of-pocket expenses
- Mental anguish
Why You Deserve Compensation Even if You Share Fault
Georgia’s contributory negligence laws recognize that no one is perfect. Even if you make a minor or moderate mistake, this does not mean you deserve to fall victim to another party’s neglect or carelessness. A car accident lawyer can help you recover justice after an accident in Smyrna. They can demonstrate your case’s required elements and combat unfair allegations of fault.
Complete a Free Case Evaluation form now
We Can Handle Your Smyrna Personal Injury Claim
Bader Scott Injury Lawyers can file your personal injury claim, even if you share fault for the accident in Smyrna. Our law firm is eager to hear about your case and will even evaluate the merits of your claim over the phone at no cost or obligation to you. Call us today so we can get started. Begin your free legal consultation now.
Call or text (404) 888-8888 or complete a Free Case Evaluation form
