Navigating the complex world of claims personal injury in atlanta can be challenging, particularly when it comes to understanding the laws of negligence comparative. In Georgia, these laws play a crucial role in determining the outcome of personal injury claims arising from car accidents and other incidents. As a signature of Leading Personal Injury Lawyers in Atlanta, Tovar-Hastings Law is committed to providing clients with complete information about comparative negligence laws and how they affect their case. In this article, we will delve into the nuances of Georgia's comparative negligence system, answer frequently asked questions, and provide helpful Atlanta resources for those seeking legal assistance.

What is comparative negligence?

Comparative negligence is a legal principle that apportions blame among all parties involved in an accident. This system is designed to ensure that each party is responsible for their role in causing an accident, with their liability for damages being proportional to their level of fault. Georgia follows the modified comparative negligence model, meaning that an injured party can recover damages only if their level of fault is less than 50%.

Understanding the Georgia Modified Comparative Negligence Law

In Georgia, the modified comparative negligence law (OCGA § 51-12-33) allows plaintiffs to recover damages only if they are found to be less than 50% at fault for the accident. The total amount of damages you can recover will be reduced by your percentage of fault. For example, if a plaintiff is awarded $100,000 in damages but is determined to be 30% at fault for the accident, he or she will receive only $70,000 in compensation.

Comparative Negligence FAQs in Georgia

If you are found to be more than 50% at fault for an accident, you will be barred from recovering any damages under Georgia's modified comparative negligence law.

Fault is usually determined through a combination of evidence, including police reports, witness statements, expert testimony, and any other relevant information that can help establish the degree of responsibility each party has in causing the accident.

Insurance companies will also consider comparative negligence when determining how much to pay in a claim. If you are found partially at fault for an accident, your insurance payment may be reduced accordingly.

Yes, you can still file a lawsuit as long as your percentage of fault is less than 50%. However, keep in mind that your recovery will be reduced by your percentage of fault.

Damages in a personal injury claim can include medical expenses, lost wages, pain and suffering, property damage, and other losses related to the accident.

Helpful Atlanta Resources


Understanding Georgia comparative negligence laws is essential for anyone involved in a personal injury claim. By familiarizing yourself with these laws and seeking guidance from experienced legal professionals like Tovar-Hastings Law, you can better navigate the complexities of your case and improve your chances of recovering the compensation you deserve.

If you think you have a personal injury claim and need help, consider communicate with our team at Tovar-Hastings Law. Our experienced attorneys are committed to providing personalized representation and helping our clients overcome the challenges of comparative negligence laws in Georgia.

Please note that the information provided in this article is for general informational purposes only and should not be construed as legal advice. If you have specific questions about your case, consult with a qualified attorney in your area.