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While it may sound complicated, Georgia’s modified comparative negligence law addresses a fundamentally simple truth. It acknowledges that a person hurt in an accident could be partially to blame for causing their injuries yet still deserves compensation from other at-fault parties in accordance with those parties’ own role in causing the accident. Let’s explore the ins and outs in detail, as well as what it could mean if you’re bringing a lawsuit in Georgia.
Understanding Comparative Negligence
The comparative negligence rule governs an injured party’s right to compensation when that person bears some responsibility for causing their injuries. Under the comparative negligence rule, when someone brings a lawsuit over injuries they’ve suffered, any fault that person bears for the losses they suffer due to their injuries can reduce their financial recovery in kind.
States that use comparative negligence systems have either a pure or modified comparative negligence rule. In a pure comparative negligence system, an injured person still has the right to recover compensation regardless of how much partial responsibility they bear for causing their injuries. For example, an injured person can be 99 percent at fault for their injuries and still recover compensation under the pure comparative negligence system.
A modified comparative negligence system, however, limits the share of fault an injured party may bear for causing their injuries while still being able to recover compensation at trial. When a person has a share of fault above the statutory cap, the modified comparative negligence law bars them from recovering compensation. Some states set a “50%” cap, meaning the injured person must have a lower share of fault than the other at-fault party or parties. Other states set a “51%” cap, meaning an injured party can have an equal share of fault and still win their compensation claim.
Georgia’s Modified Comparative Negligence Law
Georgia uses a “50% fault” modified comparative negligence system. As such, someone injured in an accident in Georgia can recover compensation so long as they are less to blame for their injuries than all other at-fault parties.
How Modified Comparative Negligence Works in Personal Injury Claims
As an example of how Georgia’s modified comparative negligence rule works in personal injury claims, suppose you suffer $50,000 in losses from a car accident that you bear 20 percent of the fault for causing. In the modified comparative negligence system, the court may reduce your financial recovery in a car accident lawsuit by 20 percent ($10,000) to reflect your share of fault for the car crash. However, you can still recover $40,000 from the other at-fault party or parties.
Now, suppose you bear 50 percent responsibility for causing the car accident. In that case, Georgia’s modified comparative negligence rule would bar you from recovering compensation, because you do not have a lower share of fault for the crash than the other driver or party.
What to Do After an Accident You Might Share Responsibility for Causing
After an accident that you partially caused, you can seek to maximize your financial recovery by taking prompt action, including:
- Reporting the accident to law enforcement and obtaining copies of the police crash report
- Seeking prompt medical attention to document your injuries
- Notifying your auto insurance provider as soon as possible
- Following your treatment plan and obtaining your medical records
- Documenting your injuries and expenses to calculate your losses for your accident claim
- Talking to a personal injury lawyer as soon as possible and bringing your collected evidence with you to a free consultation
Contact Joshua E. Palmer Law Firm Today
If you’ve been hurt in an accident in Macon, don’t let fears about being partly to blame for your injuries stop you from seeking fair compensation for what happened. Instead, contact Joshua E. Palmer Law Firm today for a free, no-obligation consultation with an experienced Macon personal injury lawyer. We’ll tell you how we can seek to maximize your financial recovery under Georgia’s comparative negligence system, and we won’t charge you a cent unless we win your case.
