You may know that you only have two years from the date of a car crash to file a claim for damages in Georgia. You may also know that this is an at-fault state and that you must prove the other motorist caused the accident.
Although states strive to clarify accident compensation laws so everyone can understand them, these laws may still confuse the uninitiated. There is no room for confusion or the mistakes they cause when you need financial restitution for severe or catastrophic injuries.
In some states, you get nothing if the other driver proves you helped cause the crash that injured you, but that is not so in Georgia. Under the modified comparative negligence rule, you can still recover compensation if you are less than 50% at fault.
For example, say you were found 10% at fault for the crash because you were going a few miles above the speed limit. Since you are less than half to blame, you can still recover a significant financial award.
Pain and suffering
As discussed before, Georgia no longer caps or limits how much compensatory damages you may recover. The only exception is punitive damages, which lawmakers capped at $250,000.
What this means is that you may obtain substantial sums on top of economic recovery for medical bills and property loss. Pain and suffering damages compensate you for hard-to-quantify accident effects, including:
- Emotional distress
- Loss of life enjoyment
- Loss of consortium (marital relations)
In the early days following a car accident, you cannot know your prognosis or how the injury may affect your life in the long term. It is better to do all you can to maximize your compensation before you submit your claim.