Understanding the Role Fault Plays in Getting Compensation Key Takeaways:-
Contributory negligence effectively prevents the at-fault party from seeking recompense. Under Georgia’s comparative negligence rule, one can claim compensation to partially recover the loss from the accident that occurred. Georgia’s legislation framework requires all property and business owners to maintain a safe environment. To limit the percentage of accountability and protect one’s rights, it is important to hire a lawyer. If you’re involved in an accident, one step is determining who’s at fault. If you’re partially to blame for the mishap, don’t give up seeking coverage. You may still be able to recover compensation for damages even when you’re partially at fault .
How is this possible? Georgia is a comparative negligence state, and this means you can still be entitled to recoup some of your losses. Feeling a little confused?
Here’s a closer look at Georgia’s laws and how they can affect recompense for the disaster. And, also a guide on slip and fall claims for maximum compensation .
What is Comparative Negligence Don’t confuse contributory negligence with comparative negligence —the two statutes are different, and one doesn’t apply in Georgia accident cases. Contributory negligence effectively prevents the at-fault party from seeking recompense.
This means that even if you’re only partially accused of the incident, you still can’t file for financial or any other type of damages.
Thankfully, Georgia uses a modified comparative negligence rule. You may still be able to partially recover losses from an accident, even if the charge is assigned to you. However, there’s a stipulation. Your awarded impairment amount is the same percentage as your fault.
For example, if you’re 40% to blame for the mishap, you’re only entitled to receive 50% of the recommended compensation amount.
Here’s how Georgia courts look at comparative negligence:
The court determines the injured party’s percentage of the accountability. If the blame assigned is 50% or more, they’re ineligible to recover any damages When the injured party is less than 50% to blame for the accident, they can file for loss. While there’s a good chance you can file for damage cover, you also must maintain a safe environment for those legally allowed on the property. This applies to drivers as well. You must follow all traffic laws to be eligible to file for impairments.
Your Duty as a Business Owner or Driver (This graph shows the fatal vehicle crash involvement in the U.S., per million miles traveled by driver age and gender).
Georgia requires all property and business owners to maintain a safe environment. Drivers must obey all traffic laws. Failing to do so can automatically mean you’re the at-fault party, and the accusation will be assigned at 50% or higher.
Along with maintaining the property, as the owner, you must exercise care as well. This means keeping aisles free of potential hazards like puddles and obstacles in the way. For drivers, this can mean coming to a complete stop when required and using turn signals. If you are found to have not exercised care, you’re not entitled to seek compensation for whatsoever damages.
The injury party can claim you should be aware of some hazards or dangerous behavior that lead to an accident. Insurance adjusters can also deny your claim on the same basis. However, it’s always best to seek legal representation. An experienced occurrence attorney may be able to prove it is not entirely your fault.
For example, an employee leaves a box in the aisle, ultimately resulting in a trip and fall. Your attorney might be able to show that there’s no legitimate way you can follow every employee around the business. In this instance, your level of blame can be reduced.
Tips on Limiting Your Liability in an Accident Claim Don’t forget that Georgia follows a modified comparative negligence rule , which means you cannot be assigned more than 49% of the blame for the crash. Anything over 49% almost always makes you ineligible to file for recompense.
While retaining a lawyer is the best way of protecting your rights and limiting your percentage of accountability, you can also take a few other steps:
Take pictures of the scene immediately after the incident, which includes documenting any injuries. Gather any witness statements if possible; you also want to collect their contact information. Your attorney and insurance provider will want to talk to any witnesses as well. Report the accident immediately, although who you report to can vary. If you’re not the property owner on record, let them know an incident occurred. Depending on the severity of the injuries, you may likewise need to call for medical assistance. Drivers will want to alert the police and medical personnel if necessary. Do not discuss the event with anyone other than your professional. Remember, your words can be used against you by the insurance company and court. You’ll also want to keep track of any expenses resulting from the event. When it’s time to seek out the compensation you deserve, you’ll need the paperwork to support your claim.
Do You Know? Nearly 1.3 million people die in road crashes each year, with an average of 3,287 deaths per day.
Talk to an Attorney About Compensation Even if you bear partial responsibility for an accident, it’s important not to concede defeat prematurely.
There may still be opportunities for you to receive coverage for damages incurred. This possibility underscores the importance of not making hasty judgments about your situation and seeking appropriate legal advice to explore all of your potential avenues for compensation. Read this guide if you are facing problems in claiming compensation this will surely help you!
