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 a 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. 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 the factors that impact the final amount. In Georgia, the vast majority of cases settle 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 cases. 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. 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 to 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. Personal injury cases are subject to a statute of limitations, which sets a specific time frame for filing a lawsuit. This timeline typically begins on the date of the injury or when the injury is discovered. However, proving the date of discovery can be more complex, as the plaintiff must demonstrate when they first became aware of the harm. In Georgia, you generally have two years from the date of the accident to file a personal injury claim. If the at-fault party is a government entity—such as the state, a county, or a local municipality—the deadline may be even shorter, requiring prompt action. 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. 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! Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States. With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations. If we haven’t answered all of your questions, consider looking into a different applicable sector of Georgia law.Georgia Personal Injury Settlement
Damage Awards in Georgia
Statute of Limitations in Georgia Personal Injury Law?
Work With an Experienced Georgia Lawyer
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