Suffering a sudden injury can leave you feeling overwhelmed – not just by physical pain, but by your medical bills and lost income. When you are trying to recover, the last thing you want to worry about is the legal process.
To help protect your rights and provide you with a better insight into your available options, you must understand Georgia’s “50% bar rule” for personal injury cases.
Georgia’s modified comparative negligence rule
In Georgia, the legal system follows a modified comparative negligence rule. This means that you are eligible to recover damages for your injuries as long as you are less than 50% responsible for the accident.
If a judge finds you to be 50% or more responsible for the incident that caused your injuries, you cannot legally claim any compensation from the other party. Because of this threshold, determining the exact percentage of fault is the most critical part of your personal injury case.
How your percentage of fault reduces your settlement
Even if the investigation finds you are less than 50% at fault, the court will reduce your total settlement amount by your specific percentage of responsibility. For example, if your damages equal $120,000, but the court determines that you were 20% responsible for the accident, the court will reduce $24,000 from your award.
In this scenario, you would receive $96,000. It is vital to recognize that every percentage point assigned to you directly translates to less money in your pocket to cover your recovery needs.
The importance of evidence in protecting your compensation
Because Georgia’s laws can reduce or even eliminate your settlement based on fault, insurance companies often work hard to shift as much blame onto you as possible. To protect your right to a fair recovery, you must gather vital evidence, such as:
- Police reports
- Photo and video evidence
- Medical records
- Witness statements
By building a case that challenges unfair attempts to shift blame, you can strengthen your claim and pursue the maximum amount of compensation available to help you recover and move forward with your life.