Is Georgia a Comparative Negligence State?

Georgia follows a modified comparative negligence model in personal injury cases. Comparative negligence is a legal principle that allows car accident victims to obtain compensation even if they are partially to blame for the collision. But the law prevents them from recovering anything if their share of fault is 50 percent or more.

That means you can still recover compensation for your medical bills, lost wages, and other losses after an accident for which you are partially at fault. However, the amount of compensation you can recover is reduced based on your percentage of responsibility for the accident. The greater your fault, the less you may recover in compensation.

As a legal principle, the modified comparative negligence doctrine only governs court decisions. However, insurance adjusters consider how claims might play out in court when they offer settlements. The adjuster on your claim will likely consider the modified comparative negligence rule when estimating the value of your car accident claim. That’s why it’s important to consult a Georgia car accident attorney who can help minimize the amount of fault assigned to you and pursue maximum compensation.