If you’ve been hurt in an accident but weren’t completely blameless, you might wonder if you can still file a personal injury claim in Georgia. The answer is yes—but how much you can recover may depend on your share of fault.

Georgia follows a rule called “modified comparative negligence.”

This means that as long as you’re less than 50% at fault for the accident, you may still recover damages. However, your compensation is reduced by your percentage of fault.

For example, let’s say you’re in a car accident where another driver ran a red light, but you were speeding. A jury finds you 20% at fault. If your total damages are $100,000, you could still recover $80,000.

If you’re found 50% or more at fault, however, you can’t recover anything under Georgia law.

This rule applies to many types of injury cases—car accidents, slip and falls, and more. Insurance companies often use this law to argue that you were partly responsible, even if your role in the accident was minor.

Imagine this

You're walking through a store in Buckhead when you slip on a wet floor with no warning sign. The store claims you were distracted because you were on your phone. A court assigns you 10% fault and the business 90%. You still win your case—but your final payout is reduced by 10%.

This is why it’s so important to work with a personal injury attorney who understands how to push back against blame-shifting tactics. A lawyer can help gather evidence, bring in expert witnesses if needed, and argue for a fair assessment of responsibility.

If you were involved in a partial fault car accident or any other incident where liability is being disputed, don’t assume you’re out of options. Contact Parrish Law Firm today for a free case evaluation. We'll help you understand your rights under Georgia’s comparative negligence law and explain your next steps.