Calvin Smith Law - The Injury Lawyers

How Does Comparative Fault Work in Macon, Georgia?

Comparative Fault

Here we will discuss comparative fault. If you’ve ever been in a car accident, then you know that nobody is ever going to admit that the crash was their fault. You certainly wouldn’t. Even if someone knows deep down that they caused the accident, they aren’t going to admit as much. This could make the difference between getting your accident claim paid or denied. When the police come to the scene, you need to be honest. But you don’t have to tell the cops that the accident was your fault.

In any sort of accident – whether it’s a car accident or a slip and fall – somebody needs to be held liable. Your Macon, Georgia auto injury attorney will have to prove negligence in order for you to recover damages. What does this mean? Well, in order to demonstrate negligence, you need to show the following 4 things:

  • The defendant owed you a duty of care – In any sort of accident, you need to show that the other party owed you a duty of care. In a car accident, they need to follow all traffic rules. In a slip and fall, the defendant had a duty to offer a safe premises for their guests.
  • They breached this duty of care – It’s not enough to show that the defendant owed you a duty of care. Your Macon injury attorney needs to prove that they breached this duty. For example, if you slipped and fell at a grocery story, you could prove breach by showing that the floor was wet. If the defendant does not behave the way a reasonable person would in their situation, they can be found to be in breach.
  • You were injured – You have to suffer an actual injury if you want to file a personal injury lawsuit. It’s not enough that you were involved in an accident. You need to suffer some sort of injury in order to collect any money. This is why you need to go to the hospital. They’ll provide you with medical records to prove that you were hurt.
  • The injuries were caused by the accident – Your attorney will also need to show that your injuries were caused by the accident. If you claim you hurt your back in a car accident, the defendant will try to show that you had a bad back before the crash. It’ll be up to your lawyer to show that this wasn’t the case.

If your Macon attorney can prove negligence, you’ll have a good chance of collecting damages. However, as much as you’re trying to prove that the defendant was negligent, they’re trying to prove the same thing about you.

Your Case May Be Reduced or Dismissed Due to Comparative Fault

If you’re found to be even partially at fault, your case could be dismissed. At a minimum, your damages will be reduced by your percentage of fault. Under Georgia law, if a plaintiff is found to be partially at fault, their case will be limited by their comparative fault. For example, if you suffer a slip and fall, the defendant may claim that you caused your fall. If you were wearing high heels in a grocery store, they may argue that you should’ve known better than to wear these kinds of shoes in a store that could have a wet floor. Or, if you aren’t wearing your seat belt in a car accident, you may be found partially at fault.

If this happens, expect your case to be reduced by your percentage of fault. If you’re found to be 10% at fault, your case will be reduced by 10%. But if you’re found to be 50% at fault or greater, your case will be dismissed.

Call an Experienced Injury Lawyer in Macon and Schedule your Free Initial Consultation

If you or your loved one have been hurt in any sort of accident, call our office. You’ll need an experienced personal injury attorney to help you prove your case. Skilled lawyers have handled dozens of cases like yours in the past. They know how comparative fault works, and they’ll do their best to prove that you were not also at fault.

Call today and schedule your initial consultation. It costs you nothing but it gives you the chance to meet with an experienced injury attorney. They can answer any questions you may have. They can also give you an idea of what your case may be worth. You pay nothing upfront and you won’t pay a dime until you settle your case.

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