Georgia Modified Comparative Negligence Calculator

Georgia draws its line one point earlier than a 51%-bar state does — an even 50-50 split here costs you everything. See exactly where that line falls for your claim.

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Where does your fault percentage land?

Enter your estimated damages and your best estimate of your own share of fault. In Georgia, exactly where you land relative to the 50% mark changes everything.

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Georgia's rule: barred at 50%, not 51%

Under O.C.G.A. § 51-12-33, an injured party can recover damages only if they are less than 50% at fault. If the fact-finder determines the claimant is 50% or more at fault, recovery is barred entirely. This is a genuinely stricter threshold than the more common 51%-bar states — in Georgia, an exact 50-50 split between claimant and defendant results in zero recovery, not a reduced one.

The 49/50 distinction, precisely

A claimant found 49% at fault still recovers 51% of their damages under Georgia's rule, because 49% is less than 50%. A claimant found exactly 50% at fault recovers nothing at all. This single-percentage-point line, one point stricter than states like Connecticut or Delaware that use a 51% bar, is what makes Georgia meaningfully less forgiving at the exact midpoint.

Worked example

Someone with $100,000 in damages, found 25% at fault, recovers $75,000 — reduced by their own share, since 25% is less than 50%. That same person, found 50% at fault instead, recovers nothing at all, even though their share of responsibility only shifted by a modest amount past the quarter mark.

A related, genuinely distinctive rule: no more joint and several liability

Georgia's same apportionment statute also abolished the old rule of pure joint and several liability among defendants. Rather than any one defendant potentially being on the hook for the full damages amount regardless of their individual share of fault, Georgia now divides damages among multiple defendants based on each one's own percentage of fault — each defendant generally pays only their own portion.

Who decides the percentage

The trier of fact — typically a jury, where a case reaches trial — compares the negligence of the claimant against the combined negligence of the defendant or defendants. In the far more common scenario of a negotiated settlement, this same comparison is effectively worked out between the parties based on the available evidence.

Why the fight over fault stays intense near the 49/50 line

Because the practical difference between a 49% finding and a 50% finding is the difference between a substantial recovery and zero, insurers have a real, concentrated incentive to argue a claimant's fault upward toward that exact threshold. See our guide to how adjusters build a fault argument in Georgia for what that negotiation actually looks like.

Georgia comparative negligence — frequently asked questions

Does Georgia use a 50% or 51% bar for comparative negligence?

A 50% bar. Under O.C.G.A. § 51-12-33, a claimant can recover only if they are less than 50% at fault — at exactly 50%, they recover nothing.

What happens if I'm found exactly 50% at fault in Georgia?

You recover nothing. Georgia's bar applies at fault equal to or greater than 50%, stricter than a 51%-bar state where an even 50-50 split would still allow recovery.

What happens if I'm found 49% at fault in Georgia?

You can still recover 51% of your damages. Because 49% is less than 50%, Georgia's bar does not apply, and your damages are reduced proportionally instead.

Does Georgia still use joint and several liability for multiple defendants?

No. Georgia's apportionment statute divides damages among defendants based on each one's individual percentage of fault, rather than holding any single defendant responsible for the full amount.

Who decides the fault percentages in a Georgia claim?

The trier of fact, typically a jury, compares the negligence of the claimant against the negligence of the defendant or defendants.

This calculator provides an estimate for general guidance only and is not legal advice. Figures are based on Georgia statute (O.C.G.A. § 51-12-33) verified per our methodology. Confirm how these rules apply to a specific claim with a licensed Georgia attorney before acting.