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November 23, 2020

The Impact of Georgia’s Comparative Negligence Law

Every state in America has its own laws regarding comparative negligence, and if you are involved in a collision in Georgia, it is important to know how this state’s laws may affect your personal injury claim. When a Georgia motorist is negligent, the law may hold him or her accountable.

With the right legal team on your side, you may be able to recover damages from the at-fault party. You can use this compensation to pay for medical expenses and lost wages.

If you are struggling with car crash injuries, give Atlanta personal injury attorney Scott Monge a call. At Monge & Associates, we have extensive accident law experience, and we can evaluate your case and determine if you have a valid claim. Contact Monge & Associates today at to schedule an appointment, and read on for more information on state laws regarding negligence:

Comparative Negligence in Georgia

The state of Georgia uses a modified comparative negligence system, according to the Center for America. This means that as an injured person, you will only be able to recover monetary damages if the court determines that your fault in the accident was less than 50 percent.

If the court considers your actions contributed less than 50 percent to the cause of the collision, you may be entitled to receive compensation. Conversely, if they deem you contributed to more than 50 percent of the accident, you will not be able to receive compensation. If the court believes you are less than 50 percent liable for the crash, they may deduct an amount from the money awarded.

Here is another common issue pertaining to comparative negligence:

How the Courts Determine Fault

Determining fault in car accidents is often complicated and not always immediately clear, according to Most courts will order an investigation of the crash by relevant law enforcement bodies, and the decision that they reach will influence the verdict. The court will also consider reports and testimony from relevant parties following the accident.

One of the reasons that Georgia uses the modified comparative fault system is to overcome this complicated matter. In many cases, there is a degree of shared negligence, and Georgia is one of 33 states that uses the system to only award compensation if the plaintiff is less than 50 percent responsible.

How a Personal Injury Lawyer Can Assist

A personal injury or accident lawyer can be of significant assistance following a Georgia car accident. A qualified attorney will have experience identifying and proving fault, and will be able to determine if there is a chance the claim could succeed.

Scott Monge is a respected Atlanta personal injury lawyer who has been a member of the State Bar of Georgia for more than 20 years. If you are suffering injuries or have queries regarding a recent car crash, call Monge & Associates today for advice.

We offer free initial consultations, and if you do not win, you do not have to pay us. Call today at to schedule an appointment — Because You Want to Win.