Even If You Are Partially At Fault For Your Car Accident, You May Be Able To File A Lawsuit
- posted: Feb. 10, 2012
- Daniel C. Jason
Were you involved in a Georgia accident in which the accident was partially your fault? If you suffered a personal injury in that accident, you still may be able to file a lawsuit to recover damages for your injury.
Comparative negligence is a concept through which injury victims can collect compensation for the portion of their injury that was not their fault. An individual’s compensation, however, is lessened by their percentage of fault. For example, if your injury claim has a value of $100,000 and you were determined to be 40 percent at fault, you could only collect $60,000.
Some states prevent individuals from collecting any compensation if any part of the accident was their fault, even if it was only 10 percent. This is “pure comparative negligence” and only a few states have retained this as a complete defense to collecting damages.
Georgia injury law, however, provides that if you were less than 50 percent at fault for your accident, you can still seek compensation. We have “modified comparative negligence,” which allows accident victims like yourself to maintain a claim for personal injury.
You cannot collect any damages if your percentage of fault is determined to be more than 50 percent. Otherwise, you can still file a lawsuit—but may only collect damages that will be limited by your degree of fault for the accident.
As personal injury attorneys, we will vigorously prosecute your claim to determine if, indeed, any percentage of fault should be attributed to you, or if your degree of responsibility is either minimal or less than what defense attorneys or insurance companies may claim.
Get personal assistance with your Georgia injury claim. You deserve individual attention and efficient service when you have suffered injuries. Our fee is a portion of your recovery—if we do not win, you do not pay. To schedule a free consultation with a dedicated personal injury attorney, contact Jason & Bradley, LLC.