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Comparative and Contributory Negligence in a Muscogee Personal Injury Claim


Blog Category:
9/21/2012
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If you suffer a personal injury that is partially your fault, the value of your claim may be reduced. In some states, you may not be eligible for any compensation at all. This is because of defenses such as comparative and contributory negligence. A Muscogee, GA injury attorney can explain how this can affect your personal injury claim.

Comparative negligence is used in most states. This rule uses a formula that assigns a percentage of fault to each party, so if you are found to be 20% at fault for the accident, your compensation may be reduced by 20%. Georgia uses a modified comparative negligence standard, meaning that the plaintiff may recover damages if he or she is no more than 50% at fault for his or her injuries.

Contributory negligence does not allow any compensation to be paid to the party who is considered at fault, even if it is just a small amount. It is an all-or-nothing law. If you are not at fault, you may receive compensation. If you contributed to the accident in any way, you get nothing. Just a few states still have this law in effect, including Virginia, North Carolina, Alabama and Maryland.

Be sure you prepare yourself for your claim by understanding personal injury claims and what they entail in detail.

If you suffered injuries due to a personal injury caused by another party, you may be able to file a personal injury claim. A Muscogee, GA injury attorney from the Law Offices of Shane Smith will give your case the attention it deserves. Call today at 404-513-5415, and ask about our free booklet 10 Mistakes That Can Ruin Your Georgia Wreck Case



Category: General

Shane Smith
Advocate for the Seriously Injured in Georgia

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