Learn about the basic, key elements of a Georgia personal injury lawsuit and claim. If you or a loved one have been seriously injured in a Georgia car accident in the Greater Atlanta area, request a FREE copy of our consumer publication, The Ultimate Guide to Accident Cases in Georgia – The Truth About Your Injury Case, and call the Law Offices of Jason Schultz P.C. to set up a FREE consultation on your case – 404-474-0804.

Have a Question?

Fill out this quick form and we will contact you within 24 hours!

Practice Areas

Blog

Car Accidents / Automobile Accidents

4 Things to Know When Talking to an Insurance Adjuster after an Accident in Forest Park, GA

Read All

Legal News

Posted on 8/24/2011Newnan Georgia Truck Accident Results in one Fatality
Posted on 1/4/2011Coweta County Personal Injury Attorney - Senoia Car Accident Seriously Injures 4
Posted on 3/9/2010Newnan Personal Injury Lawyer - Lawsuit Settles for $7 Million
Posted on 2/16/2010Atlanta Accident Attorney

Read All

Library

Car Accidents / Automobile Accidents

Involved in an Accident in Forest Park, GA? Read This Before You Talk to the Adjuster (Part B)

Read All

Elements of a Georgia Personal Injury Lawsuit (Part A)

A Georgia personal injury claim from any type of accident will almost always include the element of negligence, or fault. When you have sustained a serious physical injury because of someone else's careless and negligent behavior, you will have the legal right to file a personal injury lawsuit to recover compensation for your damages.

Georgia Personal Injury Claim and Comparative Negligence

In a Georgia personal injury lawsuit, before you can receive any award for your damages, you and your Fayette injury lawyer must prove that your fault in causing your own injuries was less than 50%.

This is because Georgia uses the comparative negligence - 50% bar rule, which means you as victim and/or plaintiff will be asked what part you played in causing your injuries. This percentage of negligence will determine whether or not you are eligible to file a personal injury claim and your own amount of negligence will be subtracted from your total award.

If your case were to go to trial after an insurer failed to reach a proper settlement with your Fayette injury lawyer, the judge and jury would examine all evidence and accounts from both sides.

As an example of how Georgia's comparative negligence law may apply to a case, let's say that after a car accident in Peachtree, your Fayette injury lawyer produces witness testimony describing the major impact to your car from the other driver who struck you while recklessly changing lanes to make a right turn.

The other side produces a witness who says you were traveling in a restricted lane which was closed to traffic at the time of the accident.

In this case, the jury may find that 70% of the fault lies with the other driver, while 30% of the fault lies with you.

If the jury awards you $100,000 in damages, your compensation will be reduced by your proportion of blame. If you are found to be 30% at fault, your final compensation will be $70,000.

Georgia's comparative negligence laws are one of the reasons why you should hire the right lawyer for your case. Consulting with an experienced Fayette injury lawyer can help you develop a strong and well supported Georgia personal injury claim that will prove the other party's negligence.

Georgia Personal Injury Claim and Statute of Limitations

Your Fayette injury lawyer will also advise you on Georgia's statute of limitations for a Georgia personal injury claim, which is 2 years from the date of the accident.

Filing within deadlines is important because when the statute of limitations is reached, you lose your right to pursue legal recourse pertaining to your accident.

Continue to Next Page >>

The Law Office of Jason R. Schultz is dedicated to vigorously defending our clients in an auto accident cases. We are small enough to care and experienced enough to win. Contact Jason Schultz at 404-474-0804.