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No one hopes to get involved in a car accident. While there has been a drop in the number of cases in recent times, hundreds of car accidents, crashes, and collisions are reported in Georgia each year. If you ever get involved in an accident, you need to know the state laws, so that you can recover your losses. This is even more important when the other party’s negligence or disregard for safety caused the accident. Following the accident, consider talking to an Atlanta personal injury attorney, to know your claim’s worth. For your help, here is an overview of Georgia car accident laws.
The statute of limitations
Like other states, Georgia also has a statute of limitations, which allows two years to file personal injury lawsuits after a car accident against the at-fault party. The clock starts counting from the date of the accident. If the accident resulted in someone’s death, a wrongful death lawsuit can be filed within two years. In this case, the count starts from the date of death. If you don’t file your lawsuit within the given time, the court will most likely reject your case.
Note that the statute of limitations doesn’t apply to insurance claims. After a car crash, inform your insurer right away. Also, you need to notify the at-fault party’s insurer within a reasonable time.
The “modified comparative negligence” rule
What happens if you were partly at fault for the accident? In such circumstances, Georgia follows the “modified comparative negligence” rule. This means that you can file a personal injury lawsuit and seek compensation, as long as your share of fault is less than 50%. However, your awarded compensation will be reduced by percentage of your fault.
In the real word, insurance companies do their best to shift the blame on the other party. After all, these are companies that are working for profit. If the claims adjuster makes an offer immediately after the accident, that’s likely to be way lesser than what you deserve.
Contact a personal injury attorney
If you aren’t sure how to file an insurance claim, or want the stress off your head, consider hiring a personal injury attorney. Most law firms offer free consultation for car accident victims, and you can discuss all your choices. Also, attorneys often take up such cases on a contingency basis, which means you only pay the lawyer if they win. Ask for a free case assessment to know your options better.
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