Georgia Jury Instruction - 1.2 Duty To Mitigate In General Pursuing Medical Care
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FAQ
But Georgia is a modified comparative negligence state. Georgia lets people recover damages even if they were partially at fault, but parties who are 50 percent or more at fault cannot recover any damages.
Comparative Negligence For example, if a plaintiff's total damages are $100,000, and the plaintiff is 25% at fault, the plaintiff can recover $75,000 of the damages and will be responsible for $25,000.
The duty to mitigate refers to a party's obligation to make reasonable efforts to limit the harm they suffer from another party's actions. Parties have a duty to mitigate in both torts and breaches of contracts.
When a person is injured by the negligence of another, he must mitigate his damages as far as is practicable by the use of ordinary care and diligence. However, this duty to mitigate does not apply in cases of positive and continuous torts.
Comparative negligence is a tort principle used by the court to reduce the amount of damages that a plaintiff can recover in a negligence-based claim ing to the degree of negligence each party contributed to the incident.
Law imposes upon a person the duty to exercise ordinary care to protect oneself against the negligence of another; if there is little reason to apprehend danger, then little care is due to be exercised, and, under such circumstances, little care would be "ordinary care" or "due care," or such care as an ordinarily ...
There are generally three types of comparative negligence: contributory negligence, pure comparative negligence, and modified comparative negligence.
Under Georgia law, if a jury determines that you were 49% at fault, then you can collect compensation equal to 51% of the damages. For instance, if your damages were $100,000, your award would be reduced to $51,000. You would not collect anything if you are equally, or 50% at fault.