When you or a loved one suffers a serious injury in a Georgia auto accident, you may feel overwhelmed by medical costs and other bills. If another person caused the accident, you may be able to seek legal damages to cover these mounting expenses.
Get the facts about how personal injury cases work in Georgia and steps to take after becoming debilitated or disabled.
After gathering the police report, photos, witness accounts and other documentation of the accident, the insurance company will determine whether its client has fault for the accident. If the other driver’s insurer denies fault or attempts to settle your case for less than the full amount of your damages, you have the right to file a lawsuit at which the judge or jury will determine fault.
Modified comparative negligence
Under this law, the injured person is eligible for damage if the court finds that he or she was less than 50% at fault for the accident. However, if you share some of the fault, the judge will reduce your damage amount by your fault percentage. For example, if your costs associated with the accident total $50,000 but you were 30% at fault for the crash, you will receive $35,000 toward your medical bills and other expenses.
Types of damages
Georgia does not impose a cap on compensatory damages for a car accident injury. The amount will depend on your actual costs as well as nonmonetary damages for pain and suffering, loss of function and other impacts of the accident.
The state also allows drivers to collect punitive damages in certain situations, such as an alcohol-related accident resulting in catastrophic injury. The limit for these damages is $250,000.
Keep in mind that if you do plan to seek damages after a car crash, you only have two years from the date of the accident to file a lawsuit. Acting quickly can preserve your right to legal compensation.