Comparative Negligence in Georgia Personal Injury Claims

Sheryl L. Burke
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Atlanta Injury Attorney

Georgia negligence law follows a modified comparative negligence system which means a victim must be found less than 50% at fault for their injuries to recover compensation. The degree of fault is the percentage that affects your final settlement amount.

As long as your claim is filed within Georgia's statute of limitations and your evidence can prove that you were 49% or less at fault for your injuries, you will be entitled to compensation when filing a personal injury claim.

The degree of fault reduces your settlement according to the formula below:
 

  • Step 1 - Your personal injury claim settles for $100,000.
  • Step 2 - You are found to be 20% at fault.
  • Step 3 - 20% of $100,000 = $20,000.
  • Step 4 - Deduct $20,000 from your initial settlement to determine the value of your actual settlement. In this case, your settlement would be reduced by $20,000 to a final value of $80,000. 


If your degree of fault reaches 50% or more, you would be found ineligible for compensation for your damages in Georgia.

Georgia negligence laws have a vital impact on your personal injury claim when you are seeking damages for your injuries. It is important to understand these laws and how an experienced Atlanta personal injury lawyer can help you work with them during your claim process. 

Contacting an Atlanta Personal Injury Lawyer

If you are the victim of someone else's negligence or carelessness, whether in a traffic accident or some other type of accident, you have certain rights guaranteed by law. To help you understand these rights and seek the compensation to which you may be eligible, contact the Atlanta Law Offices of Sheryl L. Burke for a no-cost consultation.

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