People who suffer injuries due to the negligence of another person may opt to file a lawsuit. This can help them to recover damages that they’re dealing with because of the injury. Each state has its own set standard for negligence that applies to these cases. In Georgia, the standard is modified comparative fault.
In order to make a claim for compensation, the victim must show that the defendant had a duty of care to them, that the defendant breached that duty, that the breach directly contributed to the injuries, and that the damages are due to the defendant’s negligence.
How does modified comparative fault affect a claim?
Modified comparative fault takes the percentage of faults assigned to each party to determine how the award will be handled. One of the most important factors to remember is that if the victim is at least 50% at fault for the accident or crash, they can’t recover damages at all.
If the victim is less than 50% at fault, the award is reduced by the percentage of fault they’re assigned. This means that if a victim is 40% at fault and the award is $200,000, the victim would receive $120,000.
Because of the negligence standard in Georgia, it’s critical for victims to understand exactly how to show their side of what led to the injury. They may benefit from having someone working with them who understands the applicable laws and can get the case set up in the best interests of the victim.