Georgia follows a modified comparative negligence rule, which can impact the amount of compensation you receive if you’re partially at fault for an accident. Understanding this rule and how it applies to your case can help you approach your claim more strategically.
What Is Comparative Negligence?
Comparative negligence is a legal principle that reduces the amount of damages a plaintiff can recover in a personal injury claim if they are partially responsible for the accident. In Georgia, you can recover damages as long as you are less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
How Comparative Negligence Works in Georgia
For example, if you’re awarded $100,000 in damages but are found 20% at fault, your compensation would be reduced by 20%, leaving you with $80,000. If you’re found to be 50% or more at fault, you cannot recover any damages.
Impact of Comparative Negligence on Different Types of Cases
1. Car Accidents: If both drivers share blame, comparative negligence rules will apply.
2. Slip and Fall Cases: The property owner might argue that you were partially responsible for not noticing a hazard.
3. Product Liability: If you misused a product, this could affect your recovery.
Steps to Strengthen Your Case
1. Gather Strong Evidence: Document the accident thoroughly to minimize any assignment of fault to you.
2. Consult an Attorney: An experienced personal injury attorney can build a case to minimize your fault percentage.
For personalized legal advice on navigating Georgia’s comparative negligence laws, contact Gunn Law Group at 888-244-4866.
