When a family loses someone due to another party’s negligence, the legal claim isn’t always straightforward. Georgia applies a modified comparative negligence standard to wrongful death cases. What does that mean? The deceased person’s own actions can affect how much compensation the family receives. It’s a harsh reality during an already devastating time.
How Georgia’s Comparative Negligence Law Works
Georgia follows what’s called the “50% bar rule” under O.C.G.A. § 51-12-33. If the deceased person was partially at fault for the incident that caused their death, the family’s recovery gets reduced by that percentage of fault, but there’s a hard limit. If the deceased is found 50% or more responsible, the family can’t recover anything at all. This rule applies to most wrongful death cases. Car accidents. Medical malpractice claims. Premises liability. The idea is that people should bear responsibility for their own negligent actions, even in tragic circumstances.
Common Scenarios Where Fault Gets Divided
Several situations frequently trigger comparative negligence arguments in wrongful death litigation:
- Traffic accidents: where the deceased wasn’t wearing a seatbelt or was speeding
- Pedestrian deaths: when the person crossed outside a crosswalk or against signals
- Medical malpractice: cases where the patient didn’t follow doctor’s orders
- Premises liability: situations where the deceased ignored warning signs or trespassed
Defense attorneys will almost always look for ways to shift blame onto the deceased. Always. It’s a standard tactic to reduce their client’s financial exposure, and they’re good at it.
How Fault Percentages Are Determined
A jury typically decides fault percentages after hearing all the evidence. They consider what each party did wrong and assign a percentage to reflect responsibility. If a case settles before trial, the insurance companies and attorneys negotiate these percentages based on the strength of evidence.
Think about it this way. Imagine someone died in a car crash caused primarily by a drunk driver. Evidence shows the deceased was also texting while driving. A jury might assign 30% fault to the deceased and 70% to the drunk driver. A $1 million verdict would then be reduced to $700,000. That’s a $300,000 difference. The burden falls on the defendant to prove the deceased shared fault. They need evidence, not just speculation. But you’d be surprised how creative insurance companies can get when they’re trying to avoid paying what they owe.
Why This Matters For Your Family’s Claim
Understanding comparative negligence helps families set realistic expectations. A College Park wrongful death lawyer can evaluate how this rule might apply to your specific situation based on the facts and available evidence. Some deaths involve clear liability with no shared fault. Others present more complicated scenarios where the deceased’s actions contributed to what happened. Neither situation makes the loss less painful, but the legal framework treats them very differently when calculating damages.
Defending Against Unfair Fault Allegations
Insurance companies sometimes exaggerate or fabricate claims about the deceased’s negligence. They know that even a small fault percentage reduces what they have to pay. It’s calculated. Strong legal representation involves gathering evidence that contradicts these allegations. This might include witness statements, accident reconstruction, video footage, or expert testimony. The goal is to present an accurate picture of what happened rather than letting the defense create a distorted narrative about your loved one. You don’t have to accept their version of events.
When The 50% Rule Becomes A Complete Bar
The hardest cases involve situations where fault appears evenly divided. If you can’t prove the deceased was less than 50% responsible, the law prevents any recovery. This makes the stakes incredibly high during settlement negotiations and at trial. There’s no room for error when you’re sitting right at that threshold. A College Park wrongful death lawyer understands how to position these cases to maximize the chances of staying below that line.
Taking The Next Step
Comparative negligence adds another layer to an already difficult situation. If you’ve lost someone and questions exist about shared fault, talking with Deitch + Rogers can help you understand where your case stands. Contact us today.