Georgia has a “fault” system in place for car insurance claims. If you are involved in an auto accident caused by someone else, you have multiple options. With a clear understanding of Georgia’s fault laws and how they apply to car accident cases, you can choose the option that best meets your requirements.
The team at Barrios Virguez Attorneys can get you up to speed on Georgia’s fault laws and what they mean relative to auto accident cases. We can connect you with an experienced Georgia car accident lawyer at any time. Our team can answer common questions about how Georgia’s fault laws apply to car accident cases.
What Are Georgia’s Fault Laws?
Georgia is considered a “fault” state, meaning a driver who causes a car accident is responsible for any damages associated with the incident. According to Georgia laws, you can file an insurance claim with your own auto insurer or with an at-fault driver’s insurance provider after an auto accident. You can also file a lawsuit against the at-fault party.
Along with being classified as a fault state, Georgia has laws in place surrounding the concept of “comparative fault” or “comparative negligence.” Comparative negligence rule is in place that can impact a plaintiff’s ability to secure the maximum amount of damages following an auto accident. This is because the plaintiff’s damages can be reduced by their percentage of fault.
For example, a plaintiff may request $10,000 in a lawsuit. Meanwhile, a judge or jury may deem the plaintiff to be 20% responsible for the accident. In this scenario, the plaintiff would be awarded only $8,000 in damages to mirror the 20% liability of the plaintiff.
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Are There Any Exceptions to Georgia’s Fault Laws?
Georgia’s fault laws were designed and implemented with the best interests of the state’s residents in mind. If you are involved in a car accident caused by someone else, you can take advantage of these fault laws to file a lawsuit.
A Georgia car accident attorney can explain the state’s fault laws in detail. If you are considering filing a lawsuit, your attorney can help you sue an at-fault party within Georgia’s statute of limitations. Also, your lawyer will do everything possible to show a judge or jury that the at-fault party in your case is 100% responsible for your auto accident and injury.
A well-qualified car accident lawyer in Georgia presents a compelling argument for their client. This attorney ensures their client offers evidence and witness testimony that makes it clear this individual was not responsible for their auto accident and injury. Instead, the lawyer attempts to show the defendant should be penalized to the fullest extent of the law.
What Will Happen if a Judge or Jury Finds a Defendant Fully at Fault in a Georgia Car Accident Case?
The plaintiff must provide a burden of proof that shows a judge or jury that a defendant was responsible for the incident. If the plaintiff is successful, the judge or jury will rule in their favor. This allows the plaintiff to be awarded damages that can be used to cover the costs associated with their auto accident.
With help from a top-notch car accident attorney in Georgia, a plaintiff improves their chances of getting awarded the full amount of damages requested. The plaintiff’s lawyer will advocate for their client and ensure this individual is positioned for success during a trial. In addition, the lawyer will dispute evidence and testimony that potentially shows their client is partly or fully responsible for their car accident.
If the judge or jury finds the plaintiff 50% or more at fault for the crash, the plaintiff receives no damages. The plaintiff is also fully responsible for any accident costs.
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How Will a Georgia Car Accident Lawyer Show a Defendant Is at Fault?
You should recognize that every claim is different, and the challenges associated with each case are unique. Once an attorney accepts a case, the lawyer thoroughly reviews all of the information associated with it. The attorney then builds a case designed to convince a judge or jury that their client should be awarded damages.
Your car accident attorney will review medical records, pay stubs, and other information relating to a case. They may also reach out to witnesses who can testify on their client’s behalf. This allows your attorney to craft an argument that accounts for your best interests.
Of course, a car accident case can evolve from the time a lawsuit is filed to the day of a trial. As it does, a competent auto accident lawyer remains in contact with their client. That way, your lawyer makes sure you get ample support in your efforts to prove the defendant is fully at fault.
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How Will a Defendant Try to Show a Plaintiff Is at Fault in a Georgia Car Accident Case?
The defendant may hire an attorney who attempts to discredit the plaintiff in a Georgia auto accident case. For example, this attorney may try to raise doubts about the evidence and witness testimony that you and your lawyer provide. The opposing lawyer may also push you to accept an out-of-court settlement offer that is far below what you are requesting in damages.
By partnering with a skilled Georgia auto accident attorney, you can navigate the complicated legal process without any problems. Your attorney will not settle for inferior case results. Rather, they commit their undivided attention to helping you secure the compensation you need in any way possible.
If you are concerned about being found at fault in a Georgia car accident case, seek legal help. You can connect with a Georgia auto accident lawyer right away. From here, you can work with a legal expert to strengthen your case.
Who Should You Hire to Help with Your Georgia Car Accident Case?
Barrios Virguez Attorneys offers legal assistance to those involved in auto accident cases in Georgia. We can teach you about Georgia’s fault laws and more. Schedule an appointment with us today.
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