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Do I Have A Claim If I Was Partially At Fault?

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“Modified Comparative Negligence” impacts your Personal injury Claim in Georgia)

Do I Have A Claim If I Was Partially At Fault?

(Understanding how “Modified Comparative Negligence” impacts your Personal injury Claim in Georgia)

The question of monetary recovery is a huge concern in a situation where you were injured by another party. This questions are even harder to address when you are partially at fault for your injury or contributed in some way to the auto accident in Georgia.

Generally, if you experience an injury due to the negligence of another party in an auto accident, you will be able to recover monetary damages. When this occurs you expect the other party to compensate you for injuries.

Generally, if you experience an injury due to the negligence of another party in an auto accident, you will be able to recover monetary damages.

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Modified Comparative Negligence in Georgia

However, if you contributed in some way to the accident you ability to recover will either be diminished by your fault or completely barred.

Georgia uses a “modified comparative negligence” system , which means that if you are 50% or more at fault you will be barred from recovering for your injuries. If you are 49% or less, you will be allowed to recover. You recovery will be reduced by your percentage of fault.

modified comparative negligence

In Georgia under the “Apportionment of Damages” theory, Where an action is brought against one or more persons for injury to person or property and the plaintiff is to some degree responsible for the injury or damages claimed, the percentage of fault of the plaintiff will result in the reduction pf the amount of damages awarded to the plaintiff in proportion to his or her percentage of fault.

Using the "modified comparative negligence" rule, an injured plaintiff can collect compensation from other at-fault parties as long as the plaintiff was less than 50 percent responsible for the accident or incident that led to the injuries.

With this rule, an injured plaintiff can collect compensation from other at-fault parties as long as the plaintiff was less than 50 percent responsible for the accident or incident that led to the injuries.

Modified Comparative Negligence

Suppose that you’re going through an intersection in your car when all of the sudden you’re hit by a driver who ran a red light.

Now let’s assume that you were traveling a little to fast (15 miles per hour above the speed limit) at the time.

At trial or during the settlement negotiation process it is determined that the other driver was 90 % percent at fault for the accident, and you were 10 percent at fault.

Georgia’s modified comparative fault rule reduces your damages by an amount that is equal to the percent of fault assigned to you.

In this case if your damages equal $100,000, you’ll receive $90,000, or $100,000 minus $10,000 representing the 10 % percent of the fault assigned to you.

modified comparative negligence

Do the math If Multiple parties are involved.

If multiple parties are involved In assessing percentages of fault, you must consider the fault of all persons or entities who contributed to the alleged injury or damages. The computation would be similar to the example above, which each party being assigned a percentage of fault to reduce their respective recovery.

Additional examples can be found here.

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