Does the decedent’s own fault affect what the family can recover for wrongful death in Georgia?

· 2 min read

Yes. The decedent’s share of responsibility for the fatal incident carries directly into the family’s wrongful death claim. Georgia’s comparative-fault rules reduce the recovery in proportion to the decedent’s fault and bar it entirely once the decedent’s fault reaches 50% or more of the total fault assigned.

Comparative fault flows through to the family

A wrongful death claim is built on the wrong done to the decedent, so the defenses that would have applied to the decedent’s own injury claim generally apply to the family’s claim as well. Under O.C.G.A. § 51-12-33, Georgia reduces a plaintiff’s recovery by their percentage of fault and bars recovery completely when that fault reaches 50% or more. Because the family stands on the decedent’s right of action, the decedent’s percentage of fault is what gets measured and applied.

The practical effect tracks the percentage assigned by the trier of fact:

  • If the decedent bore some fault but less than 50%, the wrongful death recovery is reduced by that percentage.
  • If the decedent was 50% or more at fault, the family’s wrongful death recovery is barred.
  • The decedent’s share is measured against the total fault assigned to everyone involved, and that allocation decides both whether and how much the family recovers.

Apportionment and shared blame

Georgia’s apportionment scheme also lets fault be spread among multiple actors. The trier of fact can assign percentages to the defendant, the decedent, and even nonparties who contributed to the death, with the family’s recovery adjusted accordingly. So the decedent’s own conduct is not evaluated in isolation; it is one slice of a larger allocation of responsibility for the incident. The more fault placed on the decedent, the smaller the family’s net recovery, until the 50% threshold cuts it off entirely.

This same logic affects the estate’s survival claim, which likewise derives from the decedent’s injury and is subject to reduction based on the decedent’s fault.

The bottom line

The decedent’s own fault does affect a Georgia wrongful death recovery. Because the family’s claim is derivative of the decedent’s, Georgia’s comparative-fault rule reduces the recovery by the decedent’s percentage of fault and bars it altogether at 50% or more. Fault can be apportioned among the defendant, the decedent, and nonparties, and the decedent’s slice of that blame directly shapes what the family can ultimately recover.

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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