What To Know Before Filing An Injury Claim Against A Friend Or Relative
We recently discussed motorsports injuries and how collisions and catastrophic injuries often result in filing a suit against an at-fault rider. We often imagine or assume to be a stranger or reckless driver. In those cases, most injured victims are willing to file claims and even go to trial. But when the other driver is a friend or someone you know, the situation can become more complex.
Having to file a suit against a friend or even a relative is always a possibility in injury law. Pritchard Injury Firm has encountered these scenarios on behalf of residents of North Georgia and Tennessee. Though they can add layers of emotional depth, they don’t have to be relationship-killers. Let’s discuss even-keeled approaches when having to file a suit against someone you know.
Setting the Stage
You could be riding a motorcycle alongside a friend on I-24 in Chattanooga when they accidentally knock you off your bike. Or you could be on a boating trip in one of North Georgia’s many lakes, and riding into a big wake causes you to hit your head and pass out.
When any catastrophic accident occurs, determining financial recovery hinges on identifying who was at fault. You should always hire an attorney if you sustain broken bones, burns, concussions, or other damage. If on private property, the lawyer will help ascertain if the landowner or operator was at fault, which could commence a premises liability claim.
But if premises liability is ruled out, and it’s clear that operator error was the cause of the accident, you may have to hold your friend, co-worker or relative accountable for the damage.
Navigating Comparative Fault Laws in Georgia and Tennessee
Landowners in Georgia and Tennessee generally owe no duty of care to ensure safety for off-road riding or to warn of hazards, unless a fee for admission is paid.
If your accident involves another person’s negligence or a property hazard, your ability to recover damages will also depend on the state’s strict comparative fault rules:
- Georgia (Modified Comparative Fault - 50% Bar): Guided by Georgia’s Recreational Property Act(O.C.G.A. § 51-3-22), the law requires that the judge or jury determine each party’s percentage of fault. You can recover damages as long as your assigned fault is under 50 percent. If you are found 50% or more at fault, you are completely barred from recovery.
- Tennessee (Modified Comparative Fault - 49% Bar): Governed by Tennessee common law, the Volunteer state follows a stricter threshold. An injured party can only recover compensation for damages if it is determined that his or her fault in causing the accident is 49% or less. If you are assigned exactly 50% or more of the blame, you recover nothing.
In both states, your final financial compensation will be reduced by your exact percentage of assigned fault. This makes gathering immediate evidence – such as helmet-cam footage, witness statements, and photos of the trail conditions – absolutely vital.
Moving Past Anger and Awkwardness
Let’s assume your lawyer rules out premises liability or negligent security and your friend or relative is unquestionably at fault. You may need to file a suit in order to keep your medical costs low. When faced with the choice, the victim is understandably uncomfortable with filing a suit. They don’t want to ruin a friendship and make the situation any worse. But in reality, it’s akin to exchanging insurance information with another driver after a car accident or fender bender.
We’ve seen rifts in some families and friendships that could not be repaired afterward. In those scenarios, we remind the client that they are not going after their life savings, but the limits on their insurance policy. This is an important distinction that gets lost amid bruised egos, denial, and much of the back-and-forth – but it should be communicated.
Surprisingly, in many instances, we’ve filed suits against the defendant’s insurance company at their insistence. We have a lot of respect for these individuals, because they are doing the moral thing by saying, “This is why I have insurance – because I don’t want to hurt anyone and stick them with medical bills. I want you to get better.”
These instances often result in favorable agreements without sacrificing the friendship altogether. It is also one of the more gratifying situations for Pritchard Injury Firm, because we know what our clients have been through, and less hostility leads to easier negotiations with the insurance company and greater peace of mind for all.
Strategizing For The Next Step
An ethical lawyer will not tell you what to do, but will present different options and strategies. If you decide to file suit to cover your medical expenses, the lawyer will negotiate with the insurance company. The severity of the injury will influence the negotiations, and an experienced lawyer will ideally resolve the claim and secure a favorable outcome. Once the matter is resolved, the relationship can continue uninterrupted, or can hopefully be mended.
Zach Pritchard: Your Accident Attorney in North Georgia and Chattanooga, TN
Pritchard Injury Firm is dedicated to helping injured clients across North Georgia and Tennessee investigate crashes, secure digital and physical evidence, and pursue compensation for medical care, lost income, and long-term needs.
If you or a loved one suffered a severe injury in North Georgia or Tennessee, do not navigate medical bills, insurance adjusters, and complex liability laws alone. Experienced attorneys at Pritchard Injury Firm can help. Contact us online for compassionate legal guidance that establishes liability and helps you get the compensation needed to recover and move forward.