Car accident: Understanding the modified comparative negligence rule in Georgia 


If you have suffered injuries in a car accident that happened because of someone’s negligence, you can file a personal injury lawsuit. The compensation from the lawsuit will cover for your losses, including medical bills. Georgia, for the unversed, is a fault state. This means that the driver at fault will pay the victim for damages. However, what happens if you are partially at fault for the accident? Georgia, in such circumstances, follows the modified comparative negligence rule. In this post, we are sharing more on that, and why you need to hire an Atlanta personal injury attorney

The basics

There are many states that follow the modified comparative negligence rule. If a party was injured and has suffered losses, but is also at fault, they can still file a personal injury lawsuit against the other negligent party. However, their awarded compensation will be reduced by their share of fault, counted in percentage. If your share of fault is more than 50%, you cannot recover anything from the other party. So, how does the modified comparative negligence work? 

For example – If you were 20% at fault and were awarded $20,000 in compensation, your eventual settlement will be $16,000. In the real world, things are barely this simple. When multiple parties and insurance companies are involved, the whole process can be murky. The insurance company of the at-fault party may try to pin the entire blame on you and other drivers involved. 

Why do you need a personal injury attorney?

The modified comparative negligence rule is easy on paper, but often hard to comprehend. If you had a share in fault, make sure to contact a personal injury attorney anyway, because the insurance company will use this against you. A skilled attorney knows how to handle negotiations with the insurance company, and they can maximize your settlement, considering all losses that you have suffered. 

What’s the lost of hiring a lawyer?

Most personal injury attorneys in Georgia work on a contingency basis for car accident cases, but it also depends on the facts of the case. You don’t need to pay the lawyer right away. They will ask for a contingency fee, if they win, which is usually no more than 40% of the final settlement you get. Do ask the lawyer if they can advance other costs related to investigation and litigation on your behalf. 

Check online for top attorneys, right after your car accident. 

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