Georgia Comparative Negligence

Georgia is one of several states that utilize the legal theory of comparative negligence in personal injury and wrongful death cases. Comparative negligence means that the court looks at the portion of fault each party played in the injury or death of a person. The amount of fault is assigned in terms of percentages.

Suppose Driver A was speeding while going through a green light, while Driver B was making a right hand turn onto the street. Driver A does not see Driver B making the turn and therefore strikes and kills him. The police discover in their investigation that Driver B did not yield the right of way before making the turn. A judge or jury must then look at the case and determine the percentage of fault that can be attributed to each driver. In this case, Driver A may be assigned 60% of the fault while Driver B is found to be 40% at fault.

When the injured or deceased person is found to share in the fault, the damages to which he or his loved ones are entitled is reduced. In the above scenario, the amount of entitled damages may be reduced by 40%. This means that if the deceased’s family asked for $100,000 in damages, they may be entitled to only $60,000.

In Georgia, damages may not be awarded if the injured or deceased party was 50% or more at fault. However, if he or she was 49% or less at fault for the accident, damages may be recovered, though the compensation is reduced by percentage of fault.

In cases that involve comparative negligence, having legal representation on your side is extremely important. Proving who is at fault for an accident that results in injury or death is extremely difficult. Both sides may hire expert witnesses to investigate the case in order to show the other party was at fault.

The experienced wrongful death lawyers at Head, Thomas, Webb and Willis have more than 150 years of experience amongst themselves. We understand that losing a loved one is difficult, and we are motivated to provide the best legal representation possible. We have helped clients recover millions of dollars in damages.

To learn more about Georgia comparative negligence, please contact Head, Thomas, Webb and Willis today for a free consultation.