CONTACT US TODAY FOR HELP WITH YOUR CASE
Contributory Versus Comparative Negligence in Personal Injury Cases
One of the most crucial aspects of a personal injury case is establishing fault. When you can prove another person’s negligence was directly responsible for your injuries, you significantly increase your chances of successfully obtaining compensation.
But what happens when the plaintiff (the person who files a personal injury claim) shares some fault for the accident and subsequent injuries they suffered? It depends on the state and their legal doctrines.
In a state with strict contributory negligence, a plaintiff who shares any fault, even if it’s just one percent, may not be able to recover any compensation for their injuries. This also means the defendant (the party who is being sued and is responsible for the plaintiff’s injuries) will likely avoid having to pay damages to the plaintiff.
Georgia has adopted an alternative to contributory negligence known as comparative negligence – or more specifically “modified” comparative negligence. Under the modified comparative negligence rule, the plaintiff' can still recover compensation as long as they share less than 50 percent fault for the accident. However, the compensation to which they’re entitled will be reduced by their percentage of fault.
Comparative negligence allows for a more balanced approach that ensures people who act negligently or recklessly aren’t given a pass if the victim is perceived to have contributed to the incident in some slight way.
What Is Georgia’s Modified Comparative Negligence Law?
Modified comparative negligence is used to determine the allocation of fault and the resulting damages in personal injury cases where both the plaintiff and the defendant share some degree of responsibility for the accident or injuries.
Under Georgia's modified comparative negligence law, the court will assign a percentage of fault to the plaintiff and the defendant involved in the accident based on the evidence presented by both parties. This percentage reflects the degree of responsibility each party bears for the incident.
Georgia follows the rule of proportionate recovery, which means the plaintiff's damages are reduced by their allocated percentage of fault.
What’s significant and what makes the doctrine different from pure comparative negligence is the plaintiff can only recover damages if their allocated fault is 50 percent or less. If the plaintiff is determined to be 50 percent or more at fault, they are barred from recovering any compensation.
Example of Modified Comparative Negligence Applied to a Personal Injury Case
Imagine a scenario where Jane and Mike are involved in a car accident in Atlanta. Jane was driving slightly over the speed limit, while Mike failed to yield the right of way at an intersection. As a result, their vehicles collided, and both sustained injuries.
After a thorough investigation, it’s determined Jane is 20 percent at fault for speeding, and Mike is 80 percent at fault for failing to yield. Jane’s total damages, including vehicle replacement costs, medical bills and lost wages, are calculated to be $100,000.
Since she’s determined to be 20 percent at fault, her damages will be reduced by her allocated percentage. She can recover 80 percent of the total damages amounting to $80,000.
Keep in mind that if Jane's allocated fault had been 50 percent or higher, she would be barred from recovering any compensation under Georgia's modified comparative negligence law.
How Does Modified Comparative Negligence Compare to Pure Comparative Negligence?
Almost all states have adopted some form of comparative negligence when establishing fault in personal injury cases. Some states like Florida, Alaska and California use the pure comparative negligence doctrine, which allows for the recovery of damages even if the plaintiff is primarily at fault for the accident. This means that even if a person is 99 percent at fault for an accident, they can still potentially recover one percent of their damages from the other party involved.
Each personal injury case in Georgia is unique. The most reliable way to determine whether you have a strong case and are entitled to compensation is consulting an experienced Atlanta personal injury lawyer.
Injured in an Accident Atlanta? Discuss Your Case with a Personal Injury Lawyer
At the Law Office of Rickard, Drew and Nix, we’re committed to pursuing the compensation our clients need to recover from their injuries and regain some semblance of normalcy. Whether you’ve been in a car accident and suffered head, neck and spine injuries or lost a loved one to wrongful death, we’re here to help.
To discuss your case for free, call our Atlanta office at (404) 588-1001.
