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Can I Get Compensation for an Injury I’m Partially at Fault for?

Published on Aug 2, 2018 at 12:39 pm in Car Accidents.

After a car accident, you’re already thinking about if you or someone else is injured, damages, and how you’re going to file your car accident claim. If both parties are able, they’re supposed to exchange names, contact information, and insurance policies. Then they can proceed to file their claims. Usually, a car accident has one party who is at fault, but there are instances where it isn’t as black and white.

If you’ve been injured in a car wreck in Georgia, an Atlanta car accident lawyer from Bey & Associates can help you with your claim. We will fight to get you the compensation you deserve.

Comparative Fault in Georgia

Georgia has comparative fault laws that determine the level of liability with percentages. They do this because while one person could have caused the accident, the injuries that the other person got could have been because of their own reckless behavior.

If one person caused an accident because they were speeding, looking at their phone while driving, or ran a red light and hit another driver, then that person is at fault. But if the other driver wasn’t wearing a seatbelt and was severely injured because they didn’t have that protective safety measure, then they take a percentage of the fault, too.

This determines the amount of their final settlement. If someone was found to be 10 percent at fault, then that amount would be taken away from their final settlement.

Victims can be up to 50 percent liable in a car accident. That would mean getting half of the owed settlement. If a victim passes the 50 percent mark, they are no longer eligible for compensation.

What Should You Do If You’re Partially at Fault? 

The other party may try to show that you had a high percentage of being comparatively at fault. At some point, your settlement could be considerably reduced. You may be depending on your settlement to help afford the fallout of the accident. You could have piling medical bills and will still need to afford care in the future. There’s a chance the accident has prevented you from working, so you’re not getting your regular paycheck. Your settlement will help cover these costs.

If you’re not at fault or have a small percentage of fault, you need to seek representation as soon as possible. Car accident claims are tricky, especially when you’re trying to show fault. Not getting help could leave you with an unfavorable settlement. A car accident lawyer will take steps to investigate your case and show how the other party was at fault so your settlement won’t be significantly reduced. Evidence that can help your case are photographs of the scene and the cars, medical records, and eyewitness statements.

There is a chance that your comparative negligence case will go to court. Bey & Associates is prepared to defend your case and prove that the other party was more at-fault for the accident.