Last Updated September 19, 2026
Short answer
Georgia generally uses modified comparative fault. An injured person’s damages may be reduced by that person’s percentage of fault, and recovery is generally barred if the injured person is 50 percent or more at fault under O.C.G.A. § 51-12-33. Alabama uses a different fault system.
If an injury occurred in Georgia, Georgia law generally governs issues such as fault, available damages, and certain insurance questions. O.C.G.A. § 51-12-33 addresses comparative fault and apportionment. Brock & Stout represents Georgia Personal Injury clients through our Atlanta and Columbus offices.
Modified comparative fault
If you are found partly at fault, your damages can be reduced by that share. If you are found 50 percent or more at fault, the statute generally bars recovery. Insurers argue about those percentages early. Tickets and crash reports are evidence, not a final allocation.
Damages and UM
Economic and non-economic damages are claimed when the law allows. UM/UIM remains a policy question plus Georgia insurance rules. See uninsured motorists. Premises claims still need proof of a hazard and notice or another recognized theory.
Wrongful death
Georgia lists who may bring a wrongful death claim and what categories of damages the statute allows. That list is not Alabama’s. See wrongful death.
How Brock & Stout can help
Our Columbus and Atlanta teams handle Georgia injury claims. We explain comparative fault, coverage, and next steps. Call or request a free consultation.
Georgia personal injury offices
Frequently asked questions
Personal injury claims are subject to filing deadlines, and the deadline that applies can depend on the facts of the case. Different notice requirements may apply depending on who is involved. Do not use this website to calculate a filing deadline. Speak with an attorney promptly.
Not under the modified comparative rule in § 51-12-33. A smaller percentage of fault can reduce the damages that may be recovered. A 50 percent or greater share generally bars recovery. Alabama’s contributory-negligence rule is stricter. Use the hub that matches the state.
Related resources
- Alabama Personal Injury Law — Alabama Personal Injury Law
Alabama personal injury claims are generally governed by Alabama law. In many ordinary-negligence cases, contributory negligence can bar recovery if the injured person is found to have contributed to the injury. Georgia uses a different fault system.
- Car Accident Injury Claims — Car Accident Injury Claims
If another driver’s negligence caused a crash, you may have a claim against that driver and available insurance. Your own policy can also matter, including uninsured motorist coverage. This page does not calculate a filing deadline or a settlement value.
- Claims Against the Government — Claims Against the Government
Claims involving a city, county, state agency, or the federal government can be subject to special notice requirements, immunity rules, and procedures that do not apply to an ordinary private-party injury claim. Those requirements can begin before a lawsuit is filed, so prompt legal review is important.
- Georgia Modified Comparative Fault — Georgia Modified Comparative Fault
Georgia uses modified comparative fault. If the injured person is found partly at fault, recoverable damages are reduced in proportion to that share of fault. If the injured person is 50 percent or more at fault, O.C.G.A. § 51-12-33 generally bars recovery.
- Wrongful Death Claims — Wrongful Death Claims
A wrongful-death claim is a statutory civil action arising from a death allegedly caused by another party’s wrongful conduct. Who may bring the claim and what damages may be recovered differ significantly between Alabama and Georgia.
Talk with a personal injury attorney
We can review the crash or injury, insurance, and medical records and explain what a claim may involve in Alabama or Georgia.
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This page is general educational information about personal injury claims as of the date shown. It is not legal advice, does not create an attorney-client relationship, and does not guarantee a result. Facts, insurance coverage, and state law vary. Do not use this website to calculate a filing deadline. Personal Injury Knowledge Center
