As a “fault” auto insurance state, Georgia state law will regulate your legal claim if you were injured in a car accident in Atlanta. If you were injured in a car accident, you may hold another person accountable for your accident in Georgia if you can show that their negligence played a role in it.
Injury lawsuits resulting from car accidents in Georgia are filed using the state’s comparative negligence standard (Ga. Code Ann. Sec. 51-12-33). Your Atlanta car accident lawyer will have to prove the following to establish liability under this criterion:
- The defendant owes you a duty of care
- The defendant fell short of that obligation under the law
- You suffered actual, compensable injuries in the collision
- Your accident and the duty breach are related in some way
Personal Injury Claims in Atlanta
According to the law, when someone is injured as a result of another party’s negligent behaviour, the victim is entitled to compensation for their “damages.” In the context of a car collision, damages might pertain to much more than just the victim’s car’s repairs.
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Liability Determination in Car Accident Cases
It’s critical to establish liability for the car collision when seeking compensation. The insurance company is unlikely to make you an offer for the person who was at fault unless liability has first been established.
Making a strong legal argument supported by compelling supporting evidence is necessary to prove negligence. The following information may be used to strengthen your case:
- An accident report from the police: The responding law enforcement officer will usually look into the collision to ascertain what happened and who caused it.
- Accounts of the accident from eyewitnesses: There might be additional witnesses to the incident in addition to those listed in the police report.
- Physical evidence: The vehicles involved in the collision could also provide evidence, such as paint scrapes, dents, and other information, that can help establish who was at fault in addition to the evidence left at the site like skid marks.
For the accident victim, it can be a perplexing and stressful experience when an insurance company refuses to act in good faith. Therefore, it’s crucial to reach out to a personal injury lawyer who will vigorously defend your legal rights and best interests and are ready to take on an insurance company if they refuse to provide you with just compensation.