How Does the Deceased Person’s Own Fault Affect a Georgia Wrongful Death Claim?

When a person dies in an accident they partly caused, families often wonder whether they can still recover. In Georgia, the answer turns on the same comparative fault rules that apply to injury cases generally. The deceased’s share of fault can reduce a wrongful death recovery, and at a certain point can bar it entirely. This guide explains how the decedent’s fault matters, the 50 percent bar, how recovery is reduced, and a worked example.

How the Decedent’s Fault Matters

A wrongful death claim, like other Georgia negligence claims, is subject to the state’s modified comparative fault system under O.C.G.A. § 51-12-33. This means the conduct of the person who died is examined alongside the conduct of the defendant. If the deceased was partly responsible for the events that caused their death, that share of fault factors into the recovery.

This follows from the nature of the claim. The wrongful death action seeks recovery for a death caused by another’s negligence, but where the deceased’s own negligence contributed to that death, the law does not ignore it. The fault is allocated among everyone who contributed, including the decedent, just as it would be if the injured person had survived to bring their own claim.

The 50 Percent Bar Applies

Georgia’s comparative fault rule includes a threshold, and it applies to wrongful death claims. Under the modified comparative negligence rule, a claimant who is 50 percent or more at fault is barred from recovering at all. Applied to a wrongful death case, this means that if the deceased is found to have been 50 percent or more responsible for the events causing the death, the wrongful death claim generally cannot recover.

This is a hard line. Below the threshold, the claim survives but is reduced; at or above it, the claim fails entirely. So the question of how much fault is attributed to the deceased can be the difference between a reduced recovery and no recovery, which makes the fault allocation a central battleground in cases where the deceased’s conduct is in question.

How Recovery Is Reduced

When the deceased’s fault is below the 50 percent threshold, the recovery is reduced in proportion to that fault rather than eliminated. If the deceased is found partly responsible, the full value of the life is calculated, and then the award is reduced by the percentage of fault assigned to the deceased.

This proportional reduction mirrors how comparative fault works in ordinary injury cases. The fact-finder first determines the total damages, here the full value of the life, and then applies the fault percentages. The defendant pays the portion attributable to the defendant’s fault, and the share attributable to the deceased’s own fault is not recovered. The result is a recovery that reflects each party’s contribution to the death.

A Worked Example

Consider a simplified illustration. Suppose a jury determines that the full value of the life in a wrongful death case is a certain total amount, and that the deceased was 20 percent at fault for the accident that caused the death, with the defendant 80 percent at fault. Because 20 percent is below the 50 percent bar, the claim is not barred. The recovery is reduced by the deceased’s 20 percent share, so the family recovers 80 percent of the full value figure.

Now change the facts: if the jury instead found the deceased 55 percent at fault, the claim would be barred entirely under the 50 percent rule, and the family would recover nothing on the wrongful death claim, regardless of how large the full value of the life might be. These examples show why the precise fault percentage is so consequential. A finding just below the threshold yields a reduced but real recovery; a finding at or above it ends the claim. Because the numbers in any real case depend entirely on the specific evidence, the allocation of fault is often the most heavily contested issue when the deceased’s conduct is at issue.

Key Takeaways

• Wrongful death claims are subject to Georgia’s modified comparative fault system under O.C.G.A. § 51-12-33, so the deceased’s own fault is considered.
• Under the 50 percent bar, if the deceased was 50 percent or more at fault, the wrongful death claim generally cannot recover at all.
• Below that threshold, recovery is reduced in proportion to the deceased’s percentage of fault rather than eliminated.
• The exact fault percentage is decisive: just below 50 percent yields a reduced recovery, while 50 percent or more bars the claim entirely.

This article provides general information about Georgia law and is not legal advice. Statutes and court decisions change, and how the law applies depends on the specific facts of a situation. For advice about a particular matter, consult a licensed Georgia attorney.