Georgia Negligence Law & Personal Injury Claims (Part A)

The main factor in almost all personal injury claims is providing evidence that the negligence of the other party caused your accident and injuries. Georgia negligence law is a modified form of comparative negligence, meaning you will benefit from having an experienced Atlanta personal injury lawyer on your side.

What is comparative negligence in regards to Georgia negligence law?

Comparative negligence is a system in which both parties involved in a personal injury claim may be partially at fault for the plaintiff's injuries. Being found at fault means your own negligence in some way contributed to your injuries. The degree of fault in Georgia negligence law is expressed as a percentage and used in determining the final settlement of your personal injury claim.

Georgia negligence law operates under a modified comparative negligence system. There are 32 other states that follow this system, 12 of which, including Georgia, follow a 50% rule of modified comparative negligence. This means that the plaintiff can recover compensation if they are found to be less than 50% at fault for their injuries.

How Georgia Negligence Law Impacts Compensation

The evidence presented by your Atlanta personal injury lawyer is designed to help prove that you were at the lowest degree of fault for your injuries. Georgia negligence law allows for you to be found up to 49% at fault and still recover damages for your injuries.

The degree of fault you are found to be at will determine the final value of your settlement in your personal injury claim.
For example, if your claim settles for $100,000 and you were found to be 20% at fault for your injuries, you are entitled to $80,000 of your settlement amount. Likewise, if you were found to be 50% or more at fault for your injuries, you would be denied a settlement.

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