Georgia Personal Injury Attorney Discusses Comparative Negligence – What You Should Know


June 15, 2015

Anybody who has suffered injuries as a result of any type of accident already knows just how stressful and painful the aftermath can be. Further, personal injury cases typically involve situations where one person or party is at fault for causing a motor vehicle collision; however, there are accidents that occur where more than one person may be at fault for causing the accident, including the plaintiff.

For example, if you are rear-ended by a car and suffered injuries, you may choose to file a claim against the driver who hit you. Depending upon the particular facts of the case, the at fault driver may allege that you contributed to the accident in some way, such as slamming on your brakes, or pulling out in front of his or her vehicle. Whether or not such allegations are true can affect the outcome of your case. The same tricky situation holds true if there are multiple defendants involved in a case as it multiple people can potentially share fault in causing your injuries.

Georgia Law Regarding Comparative Negligence

Under Georgia law, if a plaintiff is fifty percent or more at fault for causing his or her own injuries, he or she will not be entitled to recovery. In cases where a plaintiff is less than fifty percent at fault, he or she may be able to recover compensation that is reduced by his or her own contribution to the injuries.

If there are multiple defendants in a case, and a jury decides that all defendants are collectively at fault, each defendant would have to compensate a plaintiff in accordance with each percentage of fault (i.e., one defendant may be deemed 30 percent at fault for causing a plaintiff's injuries, and another defendant may be deemed 70 percent at fault). Because personal injury cases can be complicated when multiple parties are involved, it is crucial that you allow an attorney to review your situation if you believe someone else is at fault for causing you harm in order to obtain vital evidence to your case.

Additionally, in the state of Georgia, a plaintiff may not be entitled to recovery if he or she could have avoided the accident that resulted in his or her injuries. For example, if a person was struck by a car but had seen the vehicle approaching with enough time to avoid impact, and then sued the driver to recover for his or her injuries, a court may find that the injured person did not take steps to avoid the consequences. However, there are multiple facts and variables that play a role in each and every personal injury case. As such, speaking with an attorney will help you determine how your situation may be evaluated under Georgia law as well as what actions are necessary to preserve your rights.

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Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.