When someone is injured in an accident in Georgia, determining who is at fault (or who is liable) is often the most important factor in determining whether the victim can recover compensation for their injuries. However, Georgia follows a system of comparative negligence, which means that the victim’s own actions and negligence can also play a role in determining liability and damages.
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What is Comparative Negligence?
Comparative negligence is a legal concept that allows a jury or judge to determine the relative fault of multiple parties in causing an accident. In other words, it allows the court to assign a percentage of blame to each party involved based on their actions and decisions leading up to the accident. The percentage of fault assigned to each party can then be used to adjust the amount of compensation awarded in a personal injury case.
There are two types of comparative negligence that can be used in personal injury cases: pure comparative negligence and modified comparative negligence. Georgia follows a modified comparative negligence system.
Understanding Modified Comparative Negligence
Modified comparative negligence is a legal concept that limits the ability of the victim to recover compensation if they are found to be partially at fault for the accident that caused their injuries. In Georgia, the law follows a modified comparative negligence system that allows the victim to recover compensation as long as they are not more than 50% at fault for the accident.
If the victim is found to be 50% or more at fault for the accident, they cannot recover any compensation. However, if the victim is found to be less than 50% at fault, their degree of fault will be taken into account when determining the total amount of compensation that they can recover.
How Does Comparative Negligence Apply in Georgia Personal Injury Cases?
In Georgia, comparative negligence applies to a wide range of personal injury cases, including:
- Car accidents
- Truck accidents
- Slip and fall accidents
- Medical malpractice
- Product liability
When determining the degree of fault in a personal injury case, the court will consider a variety of factors, including:
- The actions and decisions of each party leading up to the accident
- The extent of the victim’s injuries
- The economic and non-economic damages suffered by the victim
- The degree of negligence on the part of each party
- Any other relevant factors
Once the court has determined the degree of fault for each party, it will adjust the total amount of compensation awarded to the victim based on their degree of fault. For example, if the victim is found to be 20% at fault for the accident, their total compensation award will be reduced by 20%.
How Can a Personal Injury Attorney Help?
If you have been injured in an accident in Georgia, it is important to work with an experienced personal injury attorney who understands the intricacies of comparative negligence and can help you recover the maximum amount of compensation possible. An attorney can help you:
- Investigate the accident and gather evidence to support your claim
- Negotiate with the other party’s insurance company to reach a fair settlement
- Represent you in court and argue your case before a judge or jury
- Ensure that all legal procedures are properly followed and deadlines are met
Conclusion
If you have been injured in an accident in Georgia, understanding comparative negligence is essential to ensuring that you recover the compensation you deserve. By working with an experienced personal injury attorney, you can navigate the complexities of the legal system and maximize your chances of recovering full and fair compensation for your injuries.