When you’re injured in an accident, your immediate focus is on physical and emotional recovery.
But as medical bills pile up and the stress of lost wages mounts, you may start thinking about pursuing a personal injury claim.
For those injured in an accident, understanding the law of comparative negligence in Georgia, is crucial to determining how much compensation to expect.
This guide will walk you through Georgia’s comparative negligence law, how it affects your claim, and why having an experienced attorney is essential.
For further information, please contact us online today or by phone at (770) 988-5252.
What Is Comparative Negligence?
Under the comparative negligence doctrine, accident victims can still recover compensation for their injuries if they are partially at fault for the accident.
Georgia follows what is known as a modified comparative negligence rule, which allows you to recover damages as long as you are less than 50% at fault for the accident.
Understanding Georgia Comparative Negligence
Under the Georgia comparative negligence law, if you are partially responsible for an accident, your compensation will be reduced by your share of the fault.
For example, if you are awarded $100,000 in damages but are found to be 20% at fault, your compensation will be reduced by $20,000, leaving you with $80,000.
This is known as the “50% bar rule,” meaning if you are 50% or more at fault, you are barred from recovering any compensation.
Statutory Basis for Comparative Negligence in Georgia
The legal foundation for comparative negligence in Georgia is O.C.G.A. § 51-12-33. This statute outlines fault apportionment among the parties and how it affects the recovery of damages.
It’s important to note that each case is unique, and determining fault can be complex, often requiring a thorough investigation and expert testimony.
How Comparative Negligence Georgia Differs from Other States
While Georgia follows a modified comparative negligence system with a 50% threshold, other states may have different approaches:
- Pure Comparative Negligence. In states like California, you can recover damages even if you are 99% at fault, though your compensation will still be reduced by your percentage of fault.
- Contributory Negligence. In states like Alabama, if you are even 1% at fault, you may be barred from recovering any damages.
Understanding these differences is helpful in determining how Georgia’s comparative negligence applies to your case.
The Importance of Having an Attorney
Navigating Georgia’s comparative negligence law can be challenging, especially when multiple parties are involved and fault is disputed.
Here’s why having an experienced attorney is vital:
- Accurate fault assessment. An attorney will thoroughly investigate your case to assess fault accurately. Doing so can make a significant difference in the amount of compensation you receive.
- Negotiation with insurance companies. Insurance companies often try to minimize payouts by shifting as much blame as possible onto you. An attorney can counter these tactics and negotiate on your behalf to ensure you receive fair compensation.
- Litigation support. If your case goes to trial, having an attorney who understands the intricacies of Georgia’s comparative negligence law is crucial. They can present evidence, question witnesses, and argue your case effectively in court.
- Maximizing compensation. An attorney will work to ensure that all aspects of your damages—medical bills, lost wages, and pain and suffering—are accounted for and that you receive the maximum compensation available under the law.
Perhaps most importantly, having an attorney allows you to focus on what truly matters—your recovery. Dealing with the aftermath of an accident is stressful enough without having to navigate the complexities of the legal system on your own.
An attorney takes on that burden, providing you with peace of mind knowing that your case is in capable hands.
Why It Matters If You Are Partially Liable Under Georgia Comparative Negligence Law
If you were partially liable for an accident, you might worry that pursuing a claim isn’t worth it. However, even if you are 20%, 30%, or even 40% at fault, you can still recover significant compensation under Georgia comparative negligence law.
This compensation can be critical to covering medical expenses, lost income, and other damages resulting from the accident.
Protect Your Rights with MG Law
Understanding how comparative negligence in Georgia works is crucial to protecting your rights after an accident. If you’ve been injured and believe you may be partially at fault, don’t hesitate to contact MG Law.
Our experienced attorneys can guide you through the complexities of Georgia comparative negligence, ensuring you receive the compensation you deserve.
Contact us by phone (770) 988-5252 or use our form for a free consultation and take the first step toward recovering from your injuries with the support you need.
Amer Ahmad is a trial lawyer at MG Law. He represents seriously injured clients who are going through some of the most difficult moments of their lives. Amer’s practice includes representing families in wrongful death cases and individuals seriously injured by motor vehicle accidents, negligently maintained premises, and defective products. As a former insurance attorney who knows the insurance companies’ playbook, he helps MG Law clients even the playing field and avoid insurance tricks. Due to his experience and results, Amer has been named a Georgia Rising Star by Super Lawyers and Atlanta Magazine from 2019 until 2024. Only 2.5% of all lawyers in Georgia are selected as Rising Stars.