States use different ways to determine the allocation of fault and liability in personal injury cases. When it comes to Georgia, the comparative fault rule is the system followed by the Peach State.
Under this system, the amount of compensation a person can recover for their injuries and other damages is reduced by their percentage of fault in personal injury cases. However, if an individual involved in a personal injury case exceeds a certain threshold of fault, they will be barred from seeking compensation.
This is why personal injury victims should consult with an Atlanta personal injury lawyer and ensure that their case is properly built and strengthened with all the available evidence from the get-go. Here is what you should know about Georgia’s comparative fault rule.
Modified Comparative Fault
Like some other states, Georgia follows the modified comparative fault rule, specifically the 50 percent bar rule. In this system, if an injured party is deemed to be 50% or more at fault for an accident, they are barred from recovering damages in a personal injury claim.
If they are 49% or less at fault for the accident, a party can still pursue compensation even if they are partially at fault, but their percentage of fault will reduce the total compensation amount.
Allocation of Fault
A court or jury in Georgia distributes the allocation of fault to each party, whether it is the plaintiff (the injured party) or the defendant (the party being sued). Each party’s percentage of fault will be based on their contribution to the accident, and the total amount of fault must add up to 100 percent.
Impact on Damages
The recoverable damages for the injured party are reduced based on their percentage of fault. For example, if the total compensation amount is worth $100,000, and a party is assigned 20% fault, they can only recover $80,000.
Comparative Fault Defense
Georgia’s comparative fault system allows defendants to reduce or avoid liability altogether. Essentially, this system can be used as a defense if the defendant can showcase that the injured party is partially at fault for the accident or prove that the injured party is more than 50% at fault.
Evidence and Legal Representation
In comparative fault cases, the allocation of fault is the most critical aspect as it dictates whether a party can seek compensation. Because of this, evidence supporting claims of fault or lack thereof will be highly emphasized.
Both parties will gather and use all forms of evidence to support their claims or defend against allegations. Some of the most important evidence that can play a role in fault allocation includes accident reports, photographs, eyewitness testimonies, and expert opinions.
Working with an experienced personal injury attorney will also play a crucial role in using Georgia’s comparative fault rule in your favor. A lawyer will strengthen your claim with all the available evidence, prepare witnesses, gather important documentation and more.
Since Georgia’s comparative fault rule allows one to escape liability, having proper legal representation by your side is crucial.