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Will comparative negligence keep me from filing a personal injury lawsuit in Georgia?

Posted on March 10th, 2017 by Admin

Differences between comparative and contributory negligence

When innocent victims suffer a serious personal injury, they expect the law to work on their side to hold wrongdoers accountable, pay for medical treatment, and recover lost wages incurred during recover. However, many states have comparative negligence laws that may limit or even bar victims from making any sort of recovery.

Comparative negligence laws affect personal injury lawsuits by reducing awards by the percent courts feel the plaintiff contributed to his or her own injury. For example, if a jury in an auto accident lawsuit determines the plaintiff was 25 percent at fault in an accident, the award would be reduced accordingly.

Georgia utilize a modified comparative negligence statute, meaning if a jury decides the plaintiff is more than 50 percent responsible for an injury a recovery is barred altogether. So if you had an injury with 49% fault from your side, then you are eligible to recover damages. However, if you were one percent more at fault, you cannot recover any damages. So in Georgia you need to establish that the other party was more than 50% responsible for your injuries. Therefore you need an experienced personal injury lawyer in Georgia who can collect the right evidence, build your case, and recover a full and fair settlement even if you were partially at fault.

What is contributory negligence?

Pure contributory negligence statutes can bar any recovery for plaintiffs deemed to be even one-percent at fault in an injury. As is common in personal injury lawsuits, defendants often engage in victim blaming in a despicable attempt to insulate themselves from compensating plaintiffs.

Because defendants may resort to such contemptible tactics, victims should strongly consider consulting with an experienced and dedicated personal injury attorney to discuss their case. Even in claims where liability appears to be cut and dry, defense attorneys may claim a myriad of creative excuses.

What can I recover in my injury claim?

As a matter of public safety, the law requires all individuals to exercise due caution to prevent reasonably foreseeable injuries. When careless parties fail to live up to these expectations, victims may file personal injury lawsuits to recover compensation for their damages.

Depending on the type of claim, plaintiffs may recover damages for:

  • Lost wages – Whether they be from time spent recovering from an injury or the loss of future economic earning potential
  • Hospital bills – Where insurance leaves off
  • Ongoing medical care – Some injuries result in extended treatment beyond the time plaintiffs file injury lawsuits
  • Pain and suffering – The physical harm caused by the accident
  • Mental anguish – Embarrassment, anxiety, and sadness from dealing with an injury
  • Loss of services or comfort – Wrongful death lawsuit plaintiffs may have these claims after the loss of a loved one

How can a Georgia injury attorney help me?

At The Cochran Firm Atlanta, we have experienced personal injury attorneys who have excellent understanding of Georgia injury laws. Our nationwide team of experienced injury attorneys and support staff dedicate themselves to public safety, social justice, and holding wrongdoers accountable. Unlike some attorneys, our lawyers do not charge any upfront costs to litigate claims and only collect fees if we win the case.

While our lawyers handle litigating a case, victims should focus on healing in recovery during their difficult time. Contact us to or call toll-free at (404) 222-9922 to discuss your claim and find out what compensation you may be entitled.

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