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Modified Comparative Negligence - Understanding Georgia's 50% Fault Bar

Negligence Law

Modified Comparative Negligence (50% Bar)

Georgia follows modified comparative negligence with a 50% bar (OCGA § 51-12-33). Plaintiff can recover only if less than 50% at fault. If plaintiff is 50% or more at fault, they are barred from recovering any damages. Total compensation reduced by plaintiff's percentage of fault.

Damage Caps

No Cap

No limit on non-economic damages

Statute of Limitations

2 years for personal injury

Deadline to file your lawsuit

Understanding Georgia's Negligence Law

What is Modified Comparative Negligence (50% Bar)?

Georgia follows modified comparative negligence with a 50% bar (OCGA § 51-12-33). Plaintiff can recover only if less than 50% at fault. If plaintiff is 50% or more at fault, they are barred from recovering any damages. Total compensation reduced by plaintiff's percentage of fault.

Example:

If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 50% or more at fault, they recover $0.

Damage Caps in Georgia

Punitive damage cap does not apply in product liability cases. State government liability capped at $1M per person and $3M per incident

Personal Injury Statistics in Georgia

Average Settlement

$0

Based on reported cases in Georgia

Cases Filed Annually

90,443

Personal injury lawsuits per year

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This calculator provides estimates only and is not legal advice. Laws in Georgia are complex and individual case results vary. Consult a licensed Georgia attorney for advice specific to your case.

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