How Does Georgia’s ‘Modified Comparative Negligence’ Rule Affect Your Injury Case?

How Does Georgia’s ‘Modified Comparative Negligence’ Rule Affect Your Injury Case?

While many Georgia personal injury cases involve one definitively liable party, others do not. In some cases, the person filing the lawsuit may be partially to blame for their own injuries. Georgia’s modified comparative negligence rule comes into play in these situations, which allows the injured party to recover compensation but affects how much they actually receive.

What Does ’Modified Comparative Negligence’ Mean?

There are three methods states use to award compensation when someone who files a personal injury claim contributed to their own injuries:

• Contributory negligence – In contributory negligence states, someone who files a personal injury claim is barred from recovering compensation if the court finds they contributed to their injuries in any way. Certain exceptions exist, such as the “last clear chance” rule, which holds that a defendant who was solely capable of preventing an accident could still be liable for the consequences, even if the injured party is also to blame for the circumstances that led to the accident.
• Pure comparative negligence – In pure comparative negligence states, someone can recover compensation for their injuries as long as they are not solely to blame for them. However, their compensation is reduced by their percentage of fault. For example, if a court finds that a claimant is 30 percent to blame for an accident, it would reduce that person’s award by 30 percent.
• Modified comparative negligence – Modified comparative negligence is the middle ground between pure contributory and pure comparative negligence. In modified comparative negligence, an injured party can recover compensation at trial as long as they are assessed less than a certain percentage of fault. Some states set the bar at 50 percent, while others set it at 51 percent. As is the case in pure comparative negligence states, compensation is reduced by the litigant’s percentage of fault.

Georgia uses a modified comparative negligence rule with a 50 percent bar. (See Section 51-12-33 of the Code of Georgia.) In other words, someone who files a personal injury lawsuit will not recover compensation if a court finds their share of fault to be greater than 50 percent. Any percentage of fault below this threshold will reduce the amount of their recovery in kind.

How Georgia’s Modified Comparative Negligence Rule Can Impact Your Case

The good news about Georgia’s modified comparative negligence rule is that you can recover compensation even if you bear some blame for your injuries. The bad news is that the other side and their insurance company will attempt to use the rule to get out of paying you what you deserve. For instance, the other side may try to shift some of the blame for an accident to reduce your claim’s value. A skilled attorney can push back against these insurance company tactics and effectively seek the full amount you deserve.

Contact Our Atlanta Personal Injury Attorneys Now

Don’t let an insurance company bully you into accepting less than you’re owed. Kaufman Injury Law can stand up for your rights and help you make a strong case for maximum compensation. Call now or complete our contact form for a free consultation with our Atlanta personal injury lawyers.