What Laws Affect Marietta Car Accidents?

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$12.5 Million
Brain Injury
$7.2 Million
Brain Injury
$5 Million
Wrongful Death
$4 Million
Trip & Fall
$3.6 Million
Motorcycle Accident
$3.2 Million
Work Place Injury
$2.7 Million
Sexual Battery
$1.9 Million
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$1.5 Million
Trucking Accident
$1.2 Million
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$1.2 Million
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$1 Million
Premises Liability
$750K
Auto Accident

No one wakes up in the morning expecting to get into a car or truck accident. It makes sense to have a basic understanding of the laws that come into play in the event of an accident. 

Two Georgia laws are particularly useful to understand: modified comparative negligence and the statute of limitations. A Marietta personal injury lawyer has the expertise to clarify the law and answer questions you may have about filing a claim for a car accident.

Comparative Fault in Georgia Car Accidents

According to a NOLO article, Georgia has specific laws regarding who is at fault in a car accident. While it sounds a little complicated, the legal term for Georgia law is called “modified comparative negligence.”

In Georgia personal injury lawsuits, you can recover damages against a person who is more at fault than you were. The amount you can recover will be reduced by a percentage that is related to your share of liability. 

Let’s look at a hypothetical example to understand how this works.

Picture this example. You are in Cobb County, driving home from work at just a few miles over the speed limit. Another car makes an unexpected turn without warning. You rear-end the other car. 

In this imaginary situation, you were speeding slightly and didn’t have enough time to stop. However, the other car is found to be 75% at fault. You were found to be 25% at fault for your actions in the accident. As a result, the insurance adjuster or the jury uses the modified comparative negligence principles to adjust your settlement. 

If you were entitled to a $10,000 award, it would be reduced to $7,500 based on your 25% share of the fault.

Under Georgia’s modified comparative negligence rule, if your share of fault is 50% or more, you will not be able to recover anything. 

Does the Statute of Limitations Affect the Value of Awards?

The statute of limitations is the number of years you have to get a lawsuit filed. In the Peachtree State, this is typically two years from the date of the accident. 

One thing to be aware of is the deadline of the statute of limitations. 

Some insurance companies use this to offer lower settlements in what is termed a ‘take-it-or-leave-it’ offer. This can force your hand in accepting an outcome that is below what your injury claim is truly worth. 

Unique Nature of Personal Injury Cases

Every personal injury case is unique to the situation, the person, and the events. 

The critical factors to consider include the following:

  • The precise details of the accident
  • The nature and extent of injuries
  • The harm of non-injuries such as financial loss, loss of ability to work
  • The post-accident experience such as pain and suffering, and loss of enjoyment
  • The willingness of parties to seek a fair resolution

It is helpful to remember that every case is different and unique. The seriousness of the accident and the severity of the ongoing impact may affect the value of awards. 

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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