Car crashes can be devastating. Although for some, it is a minor inconvenience. For others, a collision can result in serious, permanent injuries.
Dealing with the consequences of an auto accident could be a significant challenge. A Forsyth County car accident lawyer could help you overcome that challenge by fighting to get the compensation you need. An experienced personal injury attorney could evaluate the circumstances of your case and guide you through the legal steps to seek recovery for your injuries.
The 50 Percent Bar Rule for Car Accidents
When determining fault in car crash cases in Forsyth County, Georgia uses a modified comparative fault rule known as the 50 percent bar rule. According to the 50 percent bar rule, a plaintiff is barred from recovering compensation against a defendant if they are 50 percent or more at fault for causing the accident.
For example, if two drivers both fail to stop at their stop signs and crash into one another at an intersection, a court could say that each driver was 50 percent responsible for the accident. If one of the drivers were to pursue a personal injury action against the other, they may be barred from recovering any damages for the accident.
If the court finds that the plaintiff is 49 percent or less at fault, they may be able to recover damages. However, the plaintiff’s damages could be reduced by the percentage of fault they share for causing the accident. In the same example above, if the plaintiff driver was 49 percent at fault instead of 50 percent, they could recover, but would only receive 51 percent of the total damages that they could potentially be awarded.
Seeking Damages in Forsyth County
Car accident victims in Forsyth County should note that there are some statutory requirements when filing a claim. These requirements could have serious implications on a person’s ability to bring their case in court.
A statute of limitations is a time limit imposed on those who wish to file a lawsuit in court. The statute of limitations varies for different causes of actions. However, to file a personal injury lawsuit, Georgia Code §9-3-33 gives individuals two years to file their case from the date of the injury.
Bringing an action for personal injuries could be more difficult when pursuing a government entity. There is a separate statute of limitations that applies to those seeking to sue a government official. Generally, anyone filing this type of claim has six months to file a formal claim against a city or county, and two years to file a claim against the State of Georgia.
Contact a Forsyth County Car Accident Attorney Today
Handling the car insurance companies and the lawsuit for your car accident could be overwhelming by yourself. A Forsyth County car accident lawyer could provide dedicated assistance. With their knowledge of injury law at your disposal, you could avoid unnecessary stress and confusion. Consider calling a lawyer who could help you fight for your compensation. Call today to schedule a consultation.