How Georgia’s Comparative Fault Laws Can Affect a Wrongful Death Claim

When someone is killed due to the negligence or reckless actions of another party, it is devastating to those closest to the victim. No one can bring back a lost loved one, so there is no way to fill the hole that is left by their death. The best the legal system can do is try to provide monetary compensation, and this is done by filing a wrongful death claim against the responsible party.

The amount of compensation that a decedent’s family receives from a wrongful death lawsuit depends on a number of different factors, and one of these is whether or not the victim contributed in any way to his/her death. If this occurs, you can expect the defendant to argue that damages should be reduced based on Georgia’s comparative fault laws.

If you or someone close to you lost a loved one in Atlanta or anywhere in Georgia and it was someone else’s fault, DuBose Miller is here to help! We understand what you are going through, and we will fight hard to ensure that your family is fairly compensated for your loss. Call us today at (404) 720-8111 to set up a free consultation with one of our attorneys.

Negligence/Fault Laws Explained

Each state sets its own fault/negligence standards for personal injury and wrongful death claims. They fall into two general categories:

Contributory Fault

Under contributory fault (also known as “contributory negligence”), if a plaintiff is found to have “contributed” in any way to the underlying accident or event that caused their injury (or fatality in the case of a wrongful death claim), they can be barred from recovering damages. This means that in a contributory fault state, even if the plaintiff is found to be just 1% liable, they could lose out completely on any compensation for what happened to them.

Comparative Fault

Most states use a variation of the comparative fault/negligence standard, which is a far better system for injured plaintiffs and their families. Under comparative fault, a plaintiff can still recover damages even if they are partially responsible for the underlying accident or event. However, their damage award is reduced in proportion to the percentage of fault that they share.

There are two different types of comparative fault:

• Modified Comparative Fault: Many states use a modified form of comparative fault with personal injury cases. Under this standard, a plaintiff can only collect damages if they are less than 50% or less than 51% at fault, depending on the state. If they are more than 51% at fault, then they are not able to recover damages.
• Pure Comparative Fault: With a pure comparative fault standard, a plaintiff can recover damages regardless of how much at fault they are. For example, even if the plaintiff is 90% responsible for the underlying accident or event, they can still recover some compensation.

Georgia applies a modified comparative fault standard to personal injury and wrongful death cases. Under Georgia Code § 51-12-33, a plaintiff can collect damages from a personal injury lawsuit if they are less than 50% at fault.

How Modified Comparative Fault Laws Might Affect a Georgia Wrongful Death Claim

Knowing that Georgia recognizes modified comparative negligence in a wrongful death case is comforting in some ways because the decedent’s loved ones can usually expect to get something to compensate them for their loss. However, the amount they receive could be far less than what they deserve if the defendant is able to successfully pin a significant portion of the blame on the victim.

Here is an example of how this scenario might play out. Vehicle A begins moving through an intersection as soon as the light turns green, but the driver is also looking down at his/her phone and reading a text while driving. Vehicle B runs a red light at the same intersection while traveling over the speed limit, colliding with Vehicle A and killing its driver.

The driver of Vehicle B argues that the light was yellow at the time they went through the intersection and that Vehicle A began crossing prematurely. They further argue that the driver of Vehicle A was distracted by his/her phone and would have seen Vehicle B if they had been paying attention to the road.

The driver of Vehicle B clearly bears a large percentage of responsibility for what happened and the wrongful death that resulted from their actions, but in most instances, a defendant who is in a position like this will try to shift as much responsibility as they can over to the victim.

This is why it is so important for wrongful death claimants to work with an experienced personal injury attorney. Having a skilled advocate by your side who is able to thoroughly investigate the accident and put together the strongest possible case on your behalf is the best way to ensure that you are able to recover maximum compensation.

Contact Our Reputable Atlanta, GA Wrongful Death Attorneys

For strong legal guidance with wrongful death claims and other types of personal injury actions in Atlanta, contact DuBose Miller for assistance. Get started today by messaging us online or calling (404) 720-8111. We look forward to serving you!