Personal Injury Law in Georgia

Were you hurt due to another’s negligence in Georgia? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Georgia can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Georgia relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Georgia

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Georgia 

In Georgia, the state has implemented an online data tracking program, OASIS, that shows over 4 million people visit Georgia’s emergency room every year. OASIS also shows that over 700,000 or nearly 17% of those visits were from “external causes”. Things like workplace accidents, motor vehicle accidents, and slips and falls.

Steps in a Personal Injury Lawsuit in Georgia

Once you determine that you wish to proceed forward with a personal injury action in Georgia

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After gathering the initial evidence for your claim, like proof of negligence and a list of damages you are seeking, most people file a complaint with the Georgia Court, which will oversee the remaining process.

Georgia Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

In Georgia the vast majority of cases reach a settlement outside of court. This helps to avoid things like court fees which can be thousands of dollars, and years long court battles. Oftentimes these injuries are not serious, so courts tend to only award about $15,000 for things like pain and suffering. Personal Injury settlements in Georgia typically run anywhere from $3,000 and $75,000. Georgia’s Office of Insurance and Safety Fire says that the difference between settlements often depends on the insurance of those involved. They actively encourage citizens to look up insurance licenses when evaluating their case.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in , that means you risk not receiving any compensation at all.

Damage Awards in Georgia

If your Georgia personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage they inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In 2010, the Georgia Supreme Court struck down laws that imposed caps on damages in personal injury trials. Therefore, there are no limits on either  the economic or non-economic damages that you seek.

Statute of Limitations in Georgia Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

In Georgia, the statute of limitations for filing a personal injury claim is two years from the date of your accident. However, that timeline could be even shorter if the party at fault is the state, a county or a local municipality.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Georgia Lawyer

Pursue a personal injury claim in Georgia against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Georgia state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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