What About Contributory Or Comparative Negligence?

Georgia has adopted a variation of comparative negligence. A claimant's action is barred if he could have avoided the consequences of the defendant's negligence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence.

The right of contribution is available to joint tortfeasors who are jointly and severally liable. The right of contribution is not affected by a compromise or settlement. While the right of contribution arises at the time of the initial litigation, it can be enforced in a separate action as well.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

Additional Medical Malpractice Articles

Search LawInfo's Medical Malpractice Resources

Lead Counsel Rated Law Firm

Click Here to Learn More