Many people wrongly assume that if they were even a little bit at fault for an accident, they can’t recover compensation. This belief causes far too many injured people to walk away without ever speaking to an attorney.
But here’s the truth: you may still have a very strong case — and a chance to recover substantial compensation — even if you share some of the blame.
How Georgia’s Comparative Negligence Law Works
Georgia follows a rule called modified comparative negligence. It works like this:
- You can recover compensation as long as you are less than 50% at fault for the accident.
- If you are 50% or more at fault, you are barred from recovering compensation.
If you’re found to be partially responsible, your compensation will be reduced by your percentage of fault.
An Example: How Fault Affects Compensation
Let’s say:
- Your total damages (medical bills, lost wages, pain and suffering) amount to $100,000.
- You are found to be 20% at fault for the accident.
In this case:
- Your compensation would be reduced by 20%.
- You would still recover $80,000.
Common Situations Where Fault Is Shared
Shared fault happens more often than you might think. Here are a few examples:
- Car accidents
You were speeding slightly, but the other driver ran a red light. - Slip and fall
The store failed to clean up a spill, but you were looking at your phone when you slipped. - Multi-party accidents
More than one driver contributed to a pileup crash.
In any of these situations, a good lawyer can help minimize the percentage of fault assigned to you — which can have a huge impact on your final recovery.
Why Legal Help Is Crucial in Shared Fault Cases
Insurance companies love to argue that you were more at fault than you really were. The higher your percentage of fault, the less they have to pay — and if they can push it to 50% or more, they can avoid paying anything at all.
An experienced personal injury lawyer can:
- Gather evidence to support your version of events
- Challenge exaggerated claims of fault from the other side
- Work with accident reconstruction experts when needed
- Fight to keep your percentage of fault as low as possible
Final Thought: Don’t Assume You Have No Case
If you think you might be partially at fault, don’t give up before you get the facts. Many people recover substantial compensation even when they share some of the blame — and you could be one of them.
Click here to schedule your free consultation with Catherine Verdery Ryan, Attorney at Law.
We’ll review your case, explain Georgia’s laws in plain language, and fight to help you recover every dollar you deserve.