How does my own percentage of fault reduce the damages I can collect in Georgia?

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In Georgia, a plaintiff’s own share of fault is subtracted from the recovery on a percentage basis. The jury first decides the total damages, then assigns the plaintiff a percentage of fault, and the award is cut by that percentage. This proportional reduction comes from O.C.G.A. § 51-12-33 and applies as long as the plaintiff stays below the 50% bar.

The mechanics of the reduction

The process runs in steps. A jury determines the full value of the plaintiff’s damages as if no fault reduction applied. Separately, it allocates fault among everyone who contributed to the injury, including the plaintiff. The plaintiff’s percentage is then applied against the total to lower the award.

The reduction is straightforward arithmetic once the jury fills in the numbers:

  • The jury sets total damages.
  • The jury assigns the plaintiff a fault percentage.
  • The award equals the total minus the plaintiff’s percentage of that total.

So a plaintiff found 20% at fault keeps 80% of the assessed damages, and a plaintiff found 40% at fault keeps 60%. The larger the plaintiff’s share of blame, the smaller the recovery, up to the point where the reduction gives way to a complete bar.

The interaction with the 50% bar

The proportional reduction operates only within a limited range. Below 50% fault, the plaintiff recovers the reduced amount. At 50% or more, the reduction stops mattering because the claim is barred outright and the plaintiff recovers nothing. In other words, the percentage reduction is the rule for plaintiffs who are the lesser contributors to their own harm, while the bar takes over for those who are equally or more responsible.

Fault assigned to other parties does not reduce the plaintiff’s award the way the plaintiff’s own fault does. Instead, it generally shifts how much each defendant pays, since the statute ties each defendant’s responsibility to its own percentage of fault.

The bottom line

A plaintiff’s own percentage of fault reduces a Georgia recovery dollar-for-percent: the jury sets total damages, assigns the plaintiff a share of blame, and trims the award by that share. The reduction applies up to, but not including, 50% fault, beyond which § 51-12-33 bars recovery entirely.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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