Can I win a Georgia injury case if I was 49% responsible for the crash?
Yes. A plaintiff found 49% at fault in Georgia can still recover, because that figure falls below the 50% cutoff. Under O.C.G.A. § 51-12-33, recovery is barred only when a...
Author: RC SDC
Who has the burden of proving that the injured plaintiff was partly at fault?
The party who wants to reduce or defeat a claim by pointing to the injured person's own conduct generally carries the burden of proving it. Comparative fault operates as a...
Whose claim is loss of consortium and who actually receives that money in Georgia?
A loss-of-consortium claim belongs to the uninjured spouse, not to the person who was physically hurt. When one married partner is injured by another's negligence in Georgia, the other partner...
Can the defendant pay less because I was more fragile than an average person in Georgia?
No. A defendant in Georgia generally cannot reduce what they owe by arguing that the injured person was unusually vulnerable. The long-standing rule is that a wrongdoer takes the victim...
Does apportionment apply when there is only one defendant in my Georgia case?
Yes. In a single-defendant Georgia case, the apportionment statute still applies, and a jury can place fault on the plaintiff and on properly identified non-parties even though only one defendant...
Can I recover damages for visible scarring or disfigurement in Georgia?
Yes. Visible scarring and disfigurement are compensable in a Georgia injury claim, and they often carry significant value because their effects are permanent and constantly visible. The harm includes both...
How do Georgia courts separate new injury harm from a prior condition?
Georgia courts handle this through evidence and jury instruction rather than a fixed formula. The defendant answers only for the harm the accident caused, so the fact-finder is asked to...
Can I recover for pain and suffering I will experience in the future in Georgia?
Yes. Georgia allows recovery for future pain and suffering when the evidence shows the injured person is reasonably likely to continue suffering after trial. This forward-looking harm is part of...
Does Georgia take part of a punitive damages award in product cases?
Yes. In product-liability cases, Georgia law directs that the large majority of any punitive-damages award goes to the state rather than to the injured plaintiff. Under O.C.G.A. § 51-12-5.1, 75%...
Does Georgia’s last clear chance doctrine help me even if I was negligent?
The last clear chance doctrine once offered a way for a careless plaintiff to still recover, by showing the defendant had a final opportunity to avoid the harm and failed...