Basics of a Personal Injury Lawsuit (Part A)

In each Georgia personal injury claim, the element of negligence is a critical determining factor. If you have suffered severe injuries as a result of someone else's negligence or carelessness, you may be eligible to file a Georgia personal injury claim to collect compensation for the injuries and expenses you sustained. A qualified Atlanta personal injury attorney can investigate your claim and help you fight for the money you deserve.

Negligence Law

The state of Georgia employs the 50% bar rule, a type of modified comparative negligence used to determine to what extent you or the accused individual is liable for after an accident. 

This means that you and your Atlanta personal injury attorney must prove that you were less than 50% responsible for your accident and resulting injuries. If it can be determined that you were 50% or more liable for an accident, you will not be able to collect any compensation for your damages. An Atlanta personal injury attorney can help you gather the necessary evidence to build a case that will most accurately and fairly demonstrate your degree of liability or lack-thereof.  

Filing a Georgia Personal Injury Claim Under the 50% Rule

If your Georgia personal injury claim cannot be fairly settled and proceeds to trial, a judge and jury will be presented with all of the facts of the case and will then award a degree of fault to everyone involved in the accident.

To get a better understanding of how the comparative negligence - 50% rule works, let's consider an example of a car accident in Atlanta. In this example, your Atlanta personal injury attorney provides clear evidence to show that the other driver was at fault while switching lanes. However, the other driver refutes this argument by claiming that you were traveling in a restricted lane that was closed. Let's suppose that after weighing all of the evidence-including police reports, witness testimony and photographs of the accident scene-the jury finds that you are 25% at fault for the crash.

The comparative negligence law requires that your percentage of negligence or fault be deducted from the compensated amount.
Therefore, based on the given scenario above, if you were awarded $200, 000 in damages your final compensation would be:

$200,000 (amount of award) - 25% (your degree of fault) = $150,000 (final settlement amount)

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