In Georgia, personal injury cases can be complex, especially when more than one party is at fault. Understanding how modified comparative fault works can help you grasp why the law makes certain decisions in these cases.
What is modified comparative fault?
Modified comparative fault means that the court will determine the percentage of fault for each party involved in an accident. If they find you to be less than 50% at fault, you can still recover damages. However, they’ll reduce your compensation by your percentage of fault. For example, if they find you 20% at fault and the total damages are $10,000, you would receive $8,000.
Why does fault percentage matter?
The percentage of fault is crucial because it directly impacts the amount of money you can recover. If you are more than 50% at fault, you cannot recover any damages at all. The rule encourages people to act responsibly and avoid risky behavior that could lead to accidents.
How does the court determine fault?
They determine fault by examining the details of the case, including evidence, witness statements, and sometimes expert testimony. The judge or jury will look at all the facts to decide who is responsible and to what extent.
What if there were multiple parties involved?
When there are multiple parties involved, the court divides the fault among all those responsible. Each party’s share of the fault will affect their ability to recover damages. For instance, if there are three parties involved and you are 30% at fault, while the others are 40% and 30%, the court would reduce your compensation by your 30% share of the fault.
Moving forward
Navigating personal injury cases under Georgia’s modified comparative fault rules can be challenging. Being well-informed about these rules can help you approach your case with the knowledge needed to aim for the best possible outcome.