Loading…
Yes — as long as you were less than 50% at fault. Georgia follows modified comparative negligence under O.C.G.A. § 51-12-33. Your recovery is reduced by your percentage of fault: 30% at fault on a $100,000 verdict means $70,000 net. But at 50% or more fault, you recover nothing. The exact percentage is determined by a jury (or, more commonly, by adjusters anticipating what a jury would do).
Georgia is a 'modified' comparative negligence state with a 50% bar — different from 'pure' comparative states like California (where a 99%-at-fault plaintiff still recovers 1%) and from contributory negligence states like Maryland (where any fault wipes out recovery).
Insurance adjusters know this rule cold. The first move on most contested cases is to construct a fault narrative that puts the plaintiff over 50%. Even if they can't get there, every percentage point above 0% costs the plaintiff money. A 30%-at-fault finding is worth tens of thousands of dollars on most cases.
Common arguments adjusters make: distraction, speed, following too closely, failing to wear a seatbelt (admissible in Georgia under O.C.G.A. § 40-8-76.1 only in narrow circumstances), failing to mitigate damages by delaying treatment.
This answer is general legal information, not specific legal advice. Pereira & Associates can review your particular facts in the free consultation. Schedule one →
One call. No fee unless we recover. Atlanta and the entire metro perimeter.
FREE CONSULTATION(404) 436-2411Atlanta · Georgia-licensed attorneys