Georgia Comparative Negligence Laws (Updated)

If you plan to file any kind of personal injury case in Georgia, you may wonder whether you bear any partial responsibility for the injury. In Georgia, comparative negligence laws can come into play in cases in which multiple parties share fault for a plaintiff’s damages. An experienced attorney at the Barnes Law Group can help you understand these laws as they apply to your case.

Understanding Georgia Comparative Negligence Laws

Georgia follows what is known as a modified comparative negligence law. Under this law, when multiple parties share fault for damages in a personal injury case, each liable party has a fault percentage assigned. This could mean multiple defendants sharing fault for a plaintiff’s injuries, but it could also mean a plaintiff shares fault with a defendant.

In the latter case, the plaintiff can still recover compensation for their damages. However, that is only true if they are less than 50% at fault. Their fault percentage is subtracted from their case award, and they keep the remainder. For example, 25% plaintiff fault would translate to 25% of their case award being subtracted, meaning they would collect 75% of the total damages claimed to reflect their shared liability.

When a plaintiff is found more than 50% at fault, they lose the ability to claim compensation for their damages. It is important to remember that a defendant will almost always look for ways to deflect blame for their actions in an effort to reduce their liability for damages. You need to have an experienced attorney on your side so you are prepared to address any such challenges regarding liability for your damages.

Proving Liability for Your Personal Injury

The fault is a core issue in every personal injury case in Georgia. If you believe another party is responsible for causing your injury, even if you think you may be partially to blame, it is important to know what evidence you will need to build your case and how to obtain it.

For example, if you were hit by a distracted driver but were speeding at the time, it is possible for the other driver to allege that if you hadn’t been speeding, the accident would not have happened. Both of you could be assigned percentages of fault, and the facts of the case will dictate which of you is more responsible for causing the accident.

Barnes Law Group can work carefully to determine what evidence you will need to prove fault for your damages. We can also obtain statements from any witnesses who saw your injury happen. If any disputes regarding liability arise, you will need an attorney’s help to navigate the situation effectively.

It’s possible for a personal injury case to arise from a motor vehicle accident, a slip and fall, or from many other possible causes. You need an attorney who can leverage all available evidence and witness testimony so they can disprove any allegations of shared liability. If the defendant accuses you of causing your own injury, you will need your attorney’s help to prove the truth of the situation and minimize any fault percentage that might be assigned to you.

If that insurance plays a role in your recovery, it is important to understand that shared fault can lead to the insurance company devaluing or denying your claim. While it is not strictly required that you hire an attorney to help you with an insurance claim, legal counsel you trust can be an invaluable asset for ensuring the optimal results of your case.

Barnes Law Group has years of experience resolving complex personal injury cases for clients throughout Georgia. We know the challenges that Georgia’s comparative negligence laws can present in some cases and how to preserve our clients’ recoveries. When you choose our firm to represent you in a personal injury case, you are investing in decades of experience and a team of advocates ready to help you obtain the compensation you deserve.

Georgia Comparative Negligence Law FAQs

Q: How Do You Prove Fault for a Personal Injury?

A: You can prove fault for a personal injury with various types of evidence as well as witness testimony. The exact types of evidence you need will generally depend on the manner in which your injury happened. Your personal injury attorney at Barnes Law Group can help you build the foundation of your case, gathering the evidence and testimony you need to prove fault.

Q: How Much Compensation Can I Recover for a Personal Injury?

A: The amount of compensation you could recover for a personal injury will depend on the nature and severity of your damages. You will need to prove the full extent of the damages you suffered because of the defendant’s actions. If you bear any comparative fault, it could diminish your recovery under Georgia’s comparative negligence laws. An experienced attorney can provide an estimate of your case’s value.

Q: Can I Still Claim Compensation if I Was Partially at Fault?

A: Yes, you can still claim compensation if you are partially at fault. However, you must take Georgia’s comparative negligence laws into account. Your fault percentage will be subtracted from your case award, but only as long as you are less than 50% at fault. If you are more than 50% at fault, you cannot claim compensation from any other liable party. Your attorney can explain the implications your shared fault will have for your recovery.

Q: How Much Does It Cost to Hire a Personal Injury Attorney?

A: The cost to hire a personal injury attorney will be a percentage of your case award when you choose Barnes Law Group to represent you. Our goal for every client is to make it right for them, so we only charge our clients a fee if and when we win their case. This policy ensures that the legal counsel you need is available when you need it most.

You’re likely to have many questions about your personal injury case that you cannot answer for yourself. Time is a crucial factor when it comes to building and filing your case, so it is important that you connect with the legal counsel you trust right away. Barnes Law Group is ready to help you understand Georgia’s comparative negligence laws and guide you through your proceedings, so contact us today and schedule a free consultation with our team.