How Modified Comparative Negligence Impacts Your Georgia Injury Claim

Sheryl L. Burke
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Atlanta Injury Attorney

In order to qualify for compensation in a Georgia personal injury claim, you must be able to show that you were less than 50% responsible for the damages you sustained in an accident. This is commonly known as the modified comparative negligence - 50% system. 

Because of this burden of proof that is placed on a plaintiff, victims often benefit from the help of an Atlanta personal injury attorney who can investigate the accident and help to collect evidence to support a claim. Without reasonable evidence, you may not be eligible to recover damages. Sometimes, both the defendant and the plaintiff are required to present evidence to a judge and jury in court proceedings.

To better understand how the Georgia comparative negligence - 50% model works, consider the following scenario: 

You are involved in a car accident in the Atlanta area with another motorist. An expert testifies on your behalf, showing evidence that the other driver was at fault while turning left at a traffic signal. However, the other driver refutes this argument with a witness testimonial that claims you speeding at the time of the accident. The judge and/or jury, in turn, assign you 25% of the liability for the accident.

According to Georgia's comparative negligence law, if you are found at fault by a certain percentage, that amount will be subtracted from the compensation you are awarded.
Therefore, if you were awarded $200,000 and assigned 25% of the fault, the final compensation you actually receive would be $150,000.

To learn more about the basics of a Georgia personal injury claim, visit our article library. 

Contacting an Atlanta Personal Injury Lawyer

If you are the victim of someone else's negligence, whether in a traffic accident or any other type of accident in Georgia, an Atlanta personal injury lawyer can talk to you about your options for legal recourse. Contact the Atlanta Law Offices of Sheryl L. Burke for a no cost consultation.

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