Personal Injury Lawyer in Roswell, GA | Sean P. Collins Law


Sean P. Collins PC
Attorney at law

Understanding Comparative Negligence in Georgia

Georgia sees a lot of personal injury cases, so if you find yourself in one, it’s important to understand the state’s comparative negligence system. You are still able to demand compensation from the at-fault party even if you contributed in part to the accident. But, depending on how much fault you share, your reward will be proportionately decreased. This blog will give a thorough explanation of comparative negligence in Georgia, along with how it works and how it affects your personal injury case.

What is Comparative Negligence?

Comparative negligence is a legal term used in personal injury cases to determine fault. Negligence occurs when someone fails to act with the level of care expected to avoid harming others. For example, drivers have a duty to drive carefully and follow traffic rules to prevent accidents.

However, in some cases, the person who was injured may also have contributed to the accident. Comparative negligence takes this into account and assigns a percentage of fault to both parties involved in the incident. This means that even if the victim was partially responsible for the accident, they may still be entitled to compensation based on the degree of fault of each party.

For instance, if a car accident occurs because one driver was speeding and the other driver failed to signal a turn, both parties may be held responsible for the accident. The victim may receive compensation based on the percentage of fault assigned to each party.

How does Georgia’s Comparative Negligence System Work?

Many personal injury claims stem from accidents or other incidents where the injured party is also partially responsible.  Georgia uses a system called modified comparative negligence to factor the plaintiff’s fault into determining awards of damages. An injured person can recover monetary damages as long as he or she was no more than 49 percent at fault for the accident. If their fault was 50 percent or more, no compensation can be obtained.

To give an example, consider a person who gets hurt after slipping and falling in a store. The injured party may be entitled to $37,500 in damages out of the $50,000 awarded if a jury determines that they were 25% at fault for the accident because they were strolling carelessly and that the store was 75% at fault for failing to address a dangerous situation. This sum makes up 75% of the overall damages. Nonetheless, the injured party might not be entitled to any compensation if the jury finds that they were at least 51 percent at blame.

Comparative Negligence in Different Circumstances

There are several scenarios in which comparative negligence can be applied, such as when Party A makes a left turn and collides with Party B despite seeing Party B coming from the left at high speed in an uncontrolled intersection. Both parties may have been relatively negligent, but Party A is held more responsible for the accident.

Another situation where comparative negligence can come into play is in medical malpractice cases. For instance, if a patient fails to disclose important medical information to their doctor, such as a pre-existing condition or allergy, and the doctor makes a mistake that causes harm, the patient’s own negligence could be considered a contributing factor in the injury. This could potentially reduce the number of damages the patient can recover in a lawsuit.

Consult an Experienced Personal Injury Lawyer in Atlanta

To reach a successful outcome in personal injury cases involving comparative negligence, it is essential to consult with an experienced Atlanta personal injury lawyer. Their expertise can assist you in determining the level of blame placed on each party and how it affects your claim. To make sure you get fair reimbursement for your injuries, they can also negotiate with insurance companies on your behalf. By making use of their skills, you may confidently navigate the complex legal system and raise your chances of winning a settlement or verdict.

Final Words

It’s crucial to understand Georgia’s comparative negligence law while dealing with personal injury situations. Partial blame affects the amount you can recover even if it does not prevent you from seeking compensation. The complex process can be made simpler by hiring an experienced personal injury attorney, who will also make sure you get just recompense for your losses.