Can I Still Recover Compensation If I Was Partially At Fault for the Slip and Fall?
If you’ve been injured in a slip and fall accident in Georgia, you may be wondering how your level of responsibility affects your ability to seek compensation. Georgia follows a modified comparative negligence rule, which means that even if you were partially at fault for the accident, you may still be eligible for compensation—as long as you are found to be less than 50% responsible.
However, there’s a catch: your total compensation will be reduced by the percentage of fault assigned to you. This means that if you were awarded $100,000 in damages but were found to be 20% at fault for the accident, your compensation would be reduced by 20%, leaving you with $80,000.
How Fault is Determined in a Slip and Fall Case
Determining fault in a slip and fall accident can be complex. Insurance companies and opposing legal teams will look at various factors to argue how much responsibility should be placed on you. Some common arguments they may use include:
- You were distracted (e.g., looking at your phone instead of watching where you were walking).
- You ignored warning signs (e.g., walking past a clearly marked “Wet Floor” sign).
- You were wearing inappropriate footwear that may have contributed to the fall.
- The hazard was open and obvious, meaning a reasonable person would have seen and avoided it.
These tactics can significantly impact your case and the compensation you receive, making it essential to have an experienced Atlanta slip and fall lawyer on your side.
How a Lawyer Can Help Reduce Your Liability
An experienced slip and fall attorney can work to minimize the percentage of fault assigned to you by:
- Gathering strong evidence such as surveillance footage, maintenance records, and eyewitness statements to prove that the property owner was negligent.
- Consulting with experts, such as accident reconstruction specialists or medical professionals, to strengthen your claim.
- Countering arguments from the opposing party, ensuring that they do not unfairly shift blame onto you.
- Negotiating with insurance companies to secure a fair settlement that accurately reflects the circumstances of your accident.
Why Acting Quickly is Important
The longer you wait to seek legal help, the harder it can be to gather evidence and prove fault. Witnesses’ memories fade, video footage may be erased, and the property owner may repair the hazardous condition, making it more difficult to demonstrate negligence. Consulting with an attorney as soon as possible ensures that your case is thoroughly assessed and handled properly.
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Georgia’s modified comparative negligence rule can be a double-edged sword—while it allows you to recover compensation even if you’re partially at fault, it also gives insurance companies an opportunity to minimize your payout by increasing your assigned percentage of fault. Having an experienced attorney on your side can make all the difference in securing the compensation you deserve while protecting you from unfair blame.
If you’ve been injured in a slip and fall accident, don’t leave your case to chance. Contact an Atlanta slip and fall accident lawyer, we’re here to help!