In Atlanta, the comparative negligence rule is followed to know which party is more responsible for an accident. Comparative negligence can be defined as a legal defense that helps in reducing the compensation amount that must be paid to the plaintiff, considering and comparing the degree of the plaintiff’s negligence that contributed to the event. However, comparative negligence can negatively impact you and your injury claim. Some of them have been discussed below for your ease and understanding.
Reduced Compensation
In cities like Atlanta, comparative negligence is followed, which means that the compensation amount you are supposed to receive against your injury claim might reduce up to 50% of the actual amount if you are found to be equally or less negligent comparatively than the defendant. Hence, in such cases hiring Atlanta personal injury lawyers to make your case strong will be the best course of action.
You Might Have to End up Compensating the Defendant
Negligence can be the biggest issue in a personal injury case. If the defendant proves that the percentage of negligence from your side was higher than the defendant, then you will pay the compensation rather than the defendants. However, the moment the court realized that your fault in the whole incident was more than 49%, things will turn the other way around, and you will have to pay the fines and penalties. It is prevalent in the US, where the person filing the case pays for the damages and compensation for the defendants. Since both parties are at fault here, determining the party with a higher percentage of fault can be tricky. A good lawyer may advise out-of-court settlement here, but you would certainly need an expert to present your case appropriately.
Insurance technicalities
Insurance companies are very well aware of the comparative negligence law; hence, they try to prove you are equally or more negligent in your injury case. However, as mentioned earlier, hiring a reliable and experienced lawyer can save you from all of the planning and helps you to recover the compensation amount. Hence, we can conclude that comparative negligence can weaken a personal injury case and reduce the compensation amount to such an extent that the plaintiff might not consider this amount worth the time, energy, and money needed throughout the process.
Insurance companies know how to find the loopholes in a case and use them to their advantage. Although it is not wrong or illegal, they engage you in technicalities and terms that become difficult to comprehend. An expert attorney would ensure that there are no hassles and you get the claim in your favor based on the merit and evidence you provide.
Conclusion
Comparative negligence is difficult to prove in a court of law, and one must ensure that one takes all the precautions to win the case. Therefore, it is essential to take help from an experienced attorney who would ensure that the mistakes and flaws of the defendant are highlighted, and the case may turn in your favor. Even the most minor details matter in controversial and comparative negligence cases, which no one should take lightly.
