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Georgia Personal Injury Law

Modified comparative fault under O.C.G.A. § 51-12-33 — concepts only

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Last Updated September 19, 2026

Short answer

Georgia personal injury claims generally reduce recovery by the plaintiff’s percentage of fault. If that percentage is high enough under O.C.G.A. § 51-12-33, recovery can be barred. That is not Alabama’s contributory-negligence rule. This page does not calculate a filing date.

If the injury happened in Georgia, use this hub. O.C.G.A. § 51-12-33 is the modified comparative-fault statute. We describe the idea in English. Percentages in a real case are for a jury or a negotiated settlement, not a web form. Brock & Stout’s Georgia personal injury offices include Columbus and Atlanta.

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. We cannot promise a particular result.

Georgia personal injury offices

Frequently asked questions

Related resources

  • Alabama Personal Injury LawAlabama Personal Injury Law

    Alabama personal injury claims are decided under Alabama law. In many negligence cases, if the injured person is found even slightly at fault, recovery can be barred. That is a different system from Georgia. This page explains concepts. It does not tell you the date a complaint must be filed.

  • Car Accident Injury ClaimsCar 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.

  • Slip and Fall Injury ClaimsSlip and Fall Injury Claims

    You may have a claim if a property owner or occupier failed to use reasonable care and that failure caused your fall. Wet floors, broken stairs, poor lighting, and unmarked hazards are common fact patterns. Falling is not enough by itself. The owner’s knowledge of the hazard often matters.

  • Uninsured and Underinsured MotoristsUninsured and Underinsured Motorists

    Uninsured motorist coverage may apply when the at-fault driver has no liability insurance, or in a hit-and-run that the policy covers. Underinsured coverage may apply when that driver’s limits are too low for the injuries. You generally have to have bought the coverage. Notice requirements in the policy can be strict.

  • Wrongful Death ClaimsWrongful Death Claims

    A wrongful death claim is a lawsuit authorized by statute when a death is alleged to have been caused by someone else’s wrongful act. Who may file, and what damages the law allows, depends on the state. Grief is not the same as legal standing.

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.

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

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