You should file a claim if you’re not at fault after an accident, yes, because filing a claim gives you the right to ask for damages from insurers and liable parties. While Georgia’s comparative negligence policy can make it harder for you to financially recover from an accident, it’s not impossible. You can make the process easier by working with an attorney.
Our Marietta car accident lawyers can help you file a claim emphasizing your right to financial support following a collision. We can go on to represent you in conversations about your right to compensation. That support can make all the difference as you pay your bills and retake control of your life.
What to Know About Comparative Fault in Georgia
Our Marietta personal injury lawyers know that Georgia law is strict when addressing questions of comparative negligence. According to O.C.G.A. § 51-12-33, you may lose the right to financially recover after an accident if another party can argue that you are more than 50% responsible for your accident.
This is an absolute cut-off. Insurance adjusters will try to dig up any kind of evidence they can to argue that you need to take the bulk of the blame for your accident and that they, subsequently, do not owe you any support.
If you want to prevent them from successfully arguing you out of your right to financial aid, we encourage you to book a free case consultation with a compassionate attorney as soon as possible.
Our support can not only preserve your right to seek damages but can protect your right to a comprehensive claim instead of a claim reduced by your alleged percentage of fault.
Should You File a Claim for Damages After an Accident?
Even though Georgia’s comparative fault law may restrict your right to compensation after an accident, you should still file a claim for damages. Filing a claim for damages when you’re not at fault for an accident gives you the chance to seek damages without compounding your personal financial stress.
We encourage you to get in touch with a lawyer to discuss how you can present a case for compensation following an accident. We can help you gather the evidence to argue that:
- Someone else’s negligence caused your accident.
- That person or party owed you a duty of care at the time of your accident.
- Their negligence breached that duty and caused you to suffer economic losses as a result.
You can file a claim with insurers or invoke your right to a civil lawsuit through Georgia’s civil system. If you want to file a personal injury lawsuit, you need to do so before the state’s statute of limitations expires. Filing a lawsuit does not require you to go to court to ask for accident damages.
When Should You Contact a Marietta Car Accident Lawyer?
Do not wait to get in touch with a car accident lawyer in Marietta. We’re here to help you determine what claim you should file if you’re not at fault after an accident and what evidence you need to make your case. We can also push back against insurance adjusters who try to argue that you need to take more than your fair share of responsibility for an accident.
Your case consultation with our team comes free of charge and does not lock you into any specific path forward. We can help you explore your right to recover and develop a legal strategy that helps you achieve your specific recovery goals.
However, you’re up against a tight deadline if you want to take legal action against a liable party. The sooner you can reach out to our team, the more time we may have to build a claim on your behalf.
Who Should You Report an Accident To?
Immediately following an accident, make sure that you:
- Report your accident to your insurance company as concisely as possible, and while sticking to your basic facts.
- If your accident results in more than $500 worth of property damage or someone else’s injury or death, you are legally obligated to report the accident to the police.
You should make these reports even if you’re not at fault after an accident. Carefully reporting your accident can make it easier for you to financially recover.
We also encourage you to meet with emergency responders and schedule appointments with your doctors following an accident. Your consistent pursuit of medical attention can make it harder for insurers to argue that you weren’t seriously injured due to someone else’s negligence.
You Can File a Claim After an Accident
Don’t let your right to file a claim after an accident pass you by. You can work with our car accident lawyers in Marietta to take action against a liable party, especially when you’re not at fault for your accident. Preserving your right to action can make it easier for you to financially recover from your losses.
Our attorneys can represent you in conversations with insurance adjusters, as well as in civil court, should you choose to pursue a civil case against the party responsible for your recent accident. We can challenge attempts to misrepresent the percentage of fault that you contributed to an accident, as well.
Contact us today to set up your free case consultation and to discuss how you can file a claim if you’re not at fault for an accident in greater detail.
