How does Georgia’s modified comparative negligence rule work?
Georgia follows the modified comparative negligence rule under O.C.G.A. § 51-11-7. Under this standard:
- If you are less than 50% at fault for the accident, you can recover damages — but your award is reduced by your percentage of fault. For example, if you suffered $100,000 in damages and are found 20% at fault, you recover $80,000.
- If you are 50% or more at fault, you are completely barred from recovering any damages.
Insurance adjusters routinely use this rule to reduce or deny claims by inflating the plaintiff’s share of fault. Having an attorney document the evidence, secure witnesses, and present a clear liability narrative is critical to countering these arguments. At Haug Barron Law Group, we aggressively protect our clients from unfair fault assignments.
Contact Haug Barron Law Group Today for a FREE Consultation.