Losing a loved one can be devastating – even more so if it occurred due to others’ negligent, reckless or unlawful actions. Wrongful death claims aim to support grieving families by seeking compensation for the immeasurable loss of their loved one, including both financial and emotional impacts.
However, life’s complexities mean that sometimes, the person we’ve lost may have played a role in the accident as well. Perhaps they were in a hurry and driving a bit too fast, or maybe they forgot to buckle up in a moment of distraction. It’s important to know that in Georgia, such circumstances don’t necessarily prevent a family from seeking justice.
What is comparative negligence?
Georgia applies a modified comparative negligence system in wrongful death cases. This system allows families to seek compensation if their loved one was less than 50% at fault for the accident. However, if the deceased was 50% or more responsible, the family cannot recover damages.
If the court finds that the deceased was partly at fault, it may reduce the total compensation amount by the deceased’s percentage of fault. For example, if it finds the deceased to be 30% at fault and the total damages are $100,000, the family would receive $70,000 (70% of the total).
How is fault determined?
When assessing fault in a wrongful death claim, Georgia courts may ask several key questions:
- Did any of the parties violate traffic laws, such as speeding or running red lights?
- Were there ongoing road maintenance or hazardous conditions that may have contributed to accidents?
- What was the conduct of the drivers? Was there any evidence of distracted driving, impairment or aggressive behavior?
- Were there any vehicle defects or poor maintenance that contributed to the accident?
- How did the weather affect driving conditions at the time of the accident? Did drivers take appropriate precautions for the weather?
Courts carefully consider each of these elements, along with police reports, eyewitness accounts and expert analysis, to build a comprehensive picture of the accident.
Protect your family’s future
No amount of compensation can replace your loss, but it can help secure your family’s financial future. Reach out to an attorney who can advocate for your family’s best interests.