Determining how much you are at fault for your car accident in Georgia is a large part of figuring out how much compensation you can receive. A serious injury lawyer in Atlanta can help determine your level of fault and work toward the best settlement possible.

Determining Fault 

Determining and assigning fault after an accident is the job of insurance adjusters. They will look at all the facts of your accident and apportion fault, allocated by using percentages.

It helps to have a serious injury lawyer in Atlanta working on your behalf during this period. Your attorney can investigate your accident and advocate for a low percentage of fault on your behalf.

After your percentage of fault is determined, the dollar amount for your damages will be reduced by your degree of fault. So, for example, if you were 20% at fault for your accident, your total compensation will be reduced by 20 percent.

Understanding Negligence Policies

There are three basic kinds of negligence policies that states adopt, which include:

  • pure contributory fault;
  • 51% comparative fault; and
  • 50% comparative fault. 

Most states use some form of comparative negligence when people try to recover compensation after an accident. Historically, many states used the harsh pure contributory negligence policy that wouldn't allow you to recover any compensation if you were even slightly at fault in the accident.

Thankfully, Georgia has adopted a form of comparative negligence, which means that you can still seek compensation after your car accident in Georgia, provided you were less than 50% at fault.

The tricky part will be determining exactly how much of the accident is your fault. There isn't a predetermined formula that insurance companies use; they just look at all the facts and then allocate fault amongst all involved parties.

It's a smart plan to consult with a serious injury lawyer in Atlanta to get help in figuring your estimated damages, as well as defending your injury claim.

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