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Does It Matter Who Was At Fault?

Every state in the U.S. treats fault a little differently. Some states are no-fault, meaning your right to compensation has nothing to do with who caused the accident. Other states use a comparative negligence formula, reducing the amount of compensation you can receive based on how much you contributed to the accident.

Georgia is a little different. In Georgia, your ability to recover compensation does depend, in part, on fault. If you were less than 50 percent liable for your accident, you can recover compensation. However, any more than that, and you are out of luck.

Even if you are entitled to compensation, fault comes into play again to reduce the final settlement or judgment you receive. For example, if you are found 30 percent at fault for the accident, you can pursue compensation. However, if you are awarded a $100,000 settlement, that amount would be reduced by 30 percent, leaving you with $70,000.

This is why it is so important to work with an experienced personal injury attorney. A lot of effort will be put in by the insurance company's lawyers to maximize your contributory negligence (level of fault) and minimize the other driver's contribution to the accident. You need to make sure you have a legal representative working just as hard to protect your right to compensation.

Did You Know It's Your Own Insurance Company That Will Pay?

In most cases, you will collect compensation from your own insurance company. The decisions you made when purchasing insurance are very important. If you did not purchase enough coverage — are underinsured — it will be a struggle to get the compensation you need to pay for property damage, medical bills and lost wages. However, you can stack policies. As an experienced personal injury lawyer, Randy Carter has a great understanding of insurance. He will evaluate your policies, and stack them when possible, to help you maximize your recovery after an accident.

Get More Information

For more information about fault, insurance and compensation, contact the Carter Law Office. Located in Cumming, Georgia, we have been helping accident victims throughout Forsyth County for over 20 years. Consultations are free, and cases are handled on a contingency — you won't pay us until we recover compensation for you. Call us today at 770-744-4614.

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