How Does Georgia’s Modified Comparative Fault Rule Impact Personal Injury Claims?
In Georgia, the outcome of a personal injury claim can depend on more than just proving someone else was at fault. The state follows a legal system known as modified comparative fault, which determines how much compensation a person can receive based on their role in causing the accident.
What Is Georgia’s Modified Comparative Fault Rule?
Georgia’s modified comparative fault rule allows injured parties to recover damages only if they are less than 50% at fault for the accident. However, the amount of compensation is reduced by the percentage of fault assigned to them. For example, if someone is awarded $50,000 in damages but found 20% at fault, they will only receive $40,000. If they are found to be 50% or more responsible, they cannot recover any compensation.
Ways It Impacts Personal Injury Claims
1. Reduces Compensation Based on Fault
The fault rule directly affects the amount of compensation a person can receive. Even if the other party is mostly at fault, a partial responsibility assigned to the injured party means their recovery is reduced. For instance, in a car accident where one driver was speeding but the other failed to yield, both parties might share some responsibility, impacting the final award.
2. Increases the Importance of Evidence
Proving fault requires strong evidence. Police reports, witness statements, and expert testimony play a big role in showing what happened and why the other party should bear most of the blame. Without sufficient evidence, the injured party might be unfairly assigned a higher percentage of fault.
3. Defense Strategies Can Shift Blame
Insurance companies and opposing lawyers often try to shift as much fault as possible onto the injured person. This might include highlighting small actions, like not wearing a seatbelt, to reduce their liability. Being prepared to counter these arguments is essential for protecting one’s claim.
Strengthen Your Case With Preparation
Georgia’s modified comparative fault rule can make personal injury claims more challenging, but understanding how it works can help you build a stronger case. If you are navigating a personal injury claim, contact Morris & Dean, LLC, today to learn how we can help you secure the compensation you deserve.