Negligence Laws in Georgia (Part A)

When one person's negligence causes harm to another, often times a personal injury claim is filed to determine who is at fault. Negligence laws, which may impact the validity of a personal injury claim, will vary from state to state. If you or a loved one were injured in an accident in Georgia and are considering filing a claim, it's important to understand how Georgia's negligence laws may affect your case.

Georgia Negligence Laws & The 50% Rule

To determine accident liability, Georgia negligence laws use a modified form of comparative negligence called the 50% rule when awarding compensation. Only 12 states follow the 50% rule, which means that an injured person can only receive compensation if is determined that he or she is 49% or less at fault for the accident in question.

If the person's fault level is 50% or greater, he or she is not eligible to receive any compensation under Georgia negligence laws.
Additionally, any compensation that is awarded will be reduced by the assigned degree of fault. For example, if you are found 10% at fault, your settlement or compensation award will be reduced by 10%.

Determining these percentages of fault will depend on the stage of your personal injury claim. For example, initial degrees of fault will be determined by the insurance companies, which is why it is so important to have an experienced Atlanta personal injury lawyer on your side who can look at the available evidence and defend your best interests. If your claim goes to court in the form of a Georgia personal injury lawsuit, the jury will ultimately determine the degree of fault for all parties involved.

When you consider that Georgia uses the 50% rule and that determining fault is somewhat subjective, it is vitally important to seek council from an Atlanta personal injury lawyer.
It can mean the difference between receiving the compensation you deserve and receiving absolutely nothing when filing a Georgia personal injury claim. 

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