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Understanding Georgia’s Comparative Negligence Law in Personal Injury Cases

By Grant Law Office on February 10, 2025

If you were less than 50 percent at fault for an accident in Atlanta, you’re still eligible to seek compensation to cover the costs of your medical bills and other expenses, such as lost wages.

Georgia’s comparative negligence system helps make sure that all parties are treated fairly and that the burden of damages is shared in relation to everyone’s responsibility.

How Comparative Negligence Works in Georgia

According to comparative negligence laws in Georgia, even if you were partially responsible for an accident, you can still receive compensation. But your compensation will be reduced by the percentage of your fault.

• Fault assessment determines the percentage of fault for each party.
• Compensation calculation adjusts awards based on fault percentages.

Here’s an example: Imagine you’re involved in an accident where you and the other driver are both to blame. If you’re found to be 30 percent at fault, and the total damages amount to $100,000, you will receive $70,000.

Georgia’s comparative negligence law is a modified system. That means if your fault is determined to be 50 percent or greater, you are not eligible to file a claim or lawsuit seeking compensation.

Examples of Comparative Fault in Car Accidents

In Georgia, car accidents present various fault scenarios. Here are a few examples:

• Rear-end collisions: Typically, the rear driver is at fault, but the lead driver can share fault if they stopped suddenly.
• Intersection accidents: Fault is often shared when both drivers claim they had the right of way.
• Lane change collision: Both parties might share fault if one driver was speeding and the other changed lanes without signaling.

Determining Fault in a Personal Injury Case

In Georgia, determining who is at fault in an accident follows a structured process. By painting a detailed picture of the accident, your lawyers can argue effectively on your behalf. They aim to reduce your percentage of fault as much as possible, which directly influences the compensation you can receive.

Determining fault involves analyzing various elements of the accident. Police reports are often the starting point, as they provide an official account of the incident. However, lawyers can conduct their own investigations to gather additional evidence. This process begins with a thorough investigation.

Lawyers gather evidence, interview witnesses, and consult with accident reconstruction experts to build a clear picture of what happened. Eyewitness testimony can also be invaluable in establishing a clear picture of the accident. Lawyers may also consult with accident reconstruction experts to determine how the accident occurred and identify each party’s role.

The process for seeking compensation after an accident with disputed liability may include the following steps:

1. Investigation: Gathering evidence from the accident scene, including photos, videos, and witness statements.
2. Police report: Reviewing the official report that details findings and initial fault assessments.
3. Insurance adjusters: Analyzing all available evidence to conclude fault percentages.
4. Your attorney: Conducting their own investigation.
5. Negotiation: Your attorney negotiates with the insurance company to find common ground on fault distribution and compensation.
6. Litigation: If the other side refuses to make a reasonable settlement offer, your attorney could decide to take them to trial.

How Your Personal Injury Lawyer Can Help

Your attorney provides essential guidance to ensure that your rights are protected throughout the legal process. Having a knowledgeable Georgia car accident lawyer by your side can make a big difference in the outcome of your case. Your attorney can ensure that every aspect is thoroughly examined to build a strong case on your behalf.

Lawyers have the knowledge and experience to navigate cases involving comparative fault law in Georgia. Your attorney can effectively communicate with insurance companies, negotiate settlements, and represent you in front of a jury if necessary.

Benefits of Having Legal Help

Working with a Georgia car accident lawyer offers several advantages:

• Knowledge: Lawyers have a deep understanding of comparative fault law and its implications.
• Negotiation skills: They can negotiate with insurance companies to secure a fair settlement.
• Representation before a jury: If needed, they can represent you in front of a jury to fight for your rights.
• Peace of mind: Knowing you have a professional handling your case reduces stress.
• Maximized compensation: Legal insight can help lower your fault percentage, resulting in better compensation.

Meet with an Experienced Car Accident Lawyer in Georgia

The personal injury attorneys at Grant Law Office have been getting justice for accident victims in Atlanta for over 30 years. Lead attorney Wayne Grant has been recognized as one of The Best Lawyers in America for Personal Injury Litigation by Best Lawyers and is also proud to be listed among the top 5 percent of attorneys in Georgia by Super Lawyers.

Call Grant Law Office at (404) 995-3955 and schedule a free initial case review with one of our Atlanta personal injury lawyers today!