Introduction
If you’ve been injured in an accident but believe you might be partially at fault, you may wonder if you can still recover damages. You have probably already heard the insurance company adjuster say you can’t recover – but is this true? The answer, like so many in the law is “maybe” – don’t take no for an answer – you may have rights the insurance company will never tell you about.
In this blog, we’ll explore the laws of comparative damages and contributory negligence in Georgia and Alabama. We’ll discuss the factors considered in each state when determining liability and compensation. Additionally, we’ll highlight the expertise of the Law Office of Gary Bruce, a trusted legal firm in Columbus, Georgia, with over 30 years of experience. They have a proven track record of overcoming arguments by insurance companies to help clients receive the compensation they deserve.
Comparative Damages in Georgia
In Georgia, the law of comparative damages allows injured individuals to recover damages even if they are partially at fault for an accident. However, the amount of compensation may be reduced by the amount (percentage of fault) a judge or jury assigns to their actions. But it is not a bar to recover unless the amount of fault is more than the others’ fault. We’ll delve into the specifics of Georgia’s comparative damages law and the factors considered by the courts, such as negligence, causation, and damages.
Contributory Negligence in Alabama
In contrast to Georgia, Alabama is much harsher. Alabama follows the doctrine of contributory negligence – and is only one of a handful of states still using this measure to allow insurance companies to deny claims. This rule means that if an injured person is found to be even slightly at fault for the accident, they may be barred from recovering any damages. We’ll explore the implications of Alabama’s contributory negligence law and the factors the courts consider when determining fault and awarding compensation.
Overcoming Defenses and Insurance Companies
Insurance companies often try to deny or limit payments by raising defenses based on comparative negligence or contributory negligence. However, an experienced personal injury lawyer like Gary Bruce can effectively challenge these arguments. We’ll highlight specific road wreck cases, such as those occurring on Buena Vista Road, Veterans Parkway, Highway 80, Highway 165, and Interstate 185, where these defenses were raised and successfully overcome. Insurance companies often withhold information about exceptions to the law, making it crucial to consult with an experienced attorney who can navigate these complexities and fight for your rights.
See What Gary Bruce Says About Recovering Damages on Legal Break
Gary Bruce, a local personal injury attorney in Columbus, Georgia, discusses the process of valuing personal injury cases in a recent episode of Legal Break on WTVM’s local news show. According to Gary Bruce, the insurance adjuster may say you can’t recover if you are partially at fault, but he believes you should never take no for an answer. He emphasizes hiring a lawyer who will effectively challenge the insurance company’s arguments. Gary Bruce’s insights shed light on the possibilities of receiving compensation for damages even if you were partially at fault. This link will take you to the video: https://www.garybrucelaw.com/video/wtvm-legal-break-damages-for-at-fault-injury/
Conclusion
The answer to the question remains – “maybe” – In Georgia there is a much better chance of recovery even if there is some contribution to the wreck – but it can all come down to the lawyer, how the issues are framed and what the witnesses say after they are thoroughly questioned. Navigating the legal complexities of comparative damages and contributory negligence laws in Georgia and Alabama requires the expertise of a skilled personal injury lawyer. The Law Office of Gary Bruce, with their extensive experience and successful track record, has exceeded client expectations by providing quality legal representation and overcoming arguments raised by insurance companies. If you have questions or need assistance with your personal injury case, contact the Law Office of Gary Bruce at 706-576-4279 or visit GaryBruceLaw.com for personalized guidance and support.