Georgia Personal Injury Law: Everything You Need to Know
Georgia personal injury law establishes the rules, requirements, and procedures for an injured party to file a personal injury claim. Learn more here.
Overview of Georgia Personal Injury Law
As we go about our daily activities, we interact with others in virtually every setting—at the workplace, on the road, at the malls, and on others’ properties—to name a few. And we have a responsibility to exercise care to ensure we do not cause injury to others while doing so.
Hundreds of thousands of people are seriously injured by negligent individuals and businesses every year. The injury can be physical (body) or psychological (emotions and mind). They can range from minor and temporary to serious injuries with long-lasting damages.
Sometimes, the affected can recover after extensive and costly medical procedures. And in other cases, the injuries are permanent—for instance, a traumatic brain injury—and the victim will need constant medical care for the rest of their lives.
Thankfully, there are provisions in the law to make things right by ordering the responsible party(ies) to compensate the injured for non-economic and economic losses. In the state of Georgia, this is known as Georgia personal injury law.
No injured person should have to go through the stress of getting rightful compensation by themselves. At Rego Law Firm, our Georgia personal injury attorneys have helped countless victims across the state receive adequate compensation for personal injuries. We have the knowledge, experience, and resources to help you obtain all the damages you are entitled to for the injuries you’ve suffered. Standing among Georgia’s top personal injury attorneys, we are passionate fighters for justice and will stop at nothing to obtain fair compensation for our clients who have been injured due to someone else’s negligence.
Understanding Georgia Personal Injury Laws
Few things hurt as much as pain and suffering because of another, especially when it could have been avoided.
The type of legal claim that covers any harm or injury done to another’s body, emotions, or mind is generally referred to as a personal injury claim. It is a way of saying that an injured person has the right to compensation for the “tort” committed. Under Georgia personal injury laws, a tort is a term used to describe a civil wrong that causes a loss or harm to another.
Being injured in a serious accident can be a life-altering experience. Victims are left upset, confused, and stressed. To top that, they have to deal with lost wages, medical bills, and unhelpful insurance companies.
With our experienced Georgia personal injury lawyers on your side, you can focus on feeling better while we deal with the financial turmoil and pushback from the insurance companies.
Most Common Georgia Personal Injury Law Cases
Some of the most common personal injury cases reported in Georgia include:
- Medical malpractice
- Car accidents
- Truck accidents
- Dog bites
- Motorcycle accidents
- Construction accidents
- Boating accidents
- Bicycle accidents
- Pedestrian accidents
- Defective product
- Workplace accidents
- Premises liability
- Slip and fall accidents
We strongly recommend that you seek out the counsel of a qualified personal injury lawyer, one who can help you navigate the intricacies of the legal system.
At Rego Law Firm, we know first-hand how overwhelming navigating personal injury law can be to the newly injured. Our team of compassionate attorneys attentively represents those injured in different types of personal injury including slip and falls, medical malpractice, car accidents, workplace accidents, sports accidents, and more. We also represent the loved ones of personal injury victims in wrongful death claims.
If you or someone you love has been injured in an accident, contact our office today for a free consultation on your specific personal injury-related case in Georgia.
How Compensation for Personal Injury Law Georgia Works
The state of Georgia adheres to the rules of modified comparative negligence in assigning fault after accidents. According to the doctrine established in O.C.G.A. 51-11-7, injured persons can receive compensation for personal injury if they are less than 50 percent at fault for the accident. The recovery of the plaintiff will be reduced by his/her percentage of fault.
For instance, if you were injured in a motor vehicle accident where you were going over the speed limit but the other party was driving under the influence and ran through a red light, the jury may find the other driver 80% negligent while you were 20% negligent under Georgia personal injury law. Thus, you’d be awarded 80% of total damages for personal injury. If you were given $10,000 in total damages, the state of Georgia would give you $8,000.
However, if you were deemed to be mostly at fault by 50% or more, you would not receive any recovery. One of the key responsibilities of a personal injury attorney is to ensure that this does not happen. Your attorney has to meticulously uncover the entity responsible for your injuries by reviewing all the facts and evidence related to the accident.
Georgia Personal Injury Case Law Statute of Limitations
Every state has a set limit on the time a victim has to file a personal injury claim. This is known as the statute of limitations. In Georgia, victims of personal injuries have two years from the date of the accident to file a claim. The clock starts ticking from the date of the accident.
If you try to file a lawsuit after this two-year window elapses in Georgia, the court will refuse to hear it in trial and you’ll lose the right to get compensation for your injuries. The filing deadline can only be extended under certain limited circumstances, and you need to consult with an experienced Georgia legal representative for details on how the statute of limitations applies to your specific situation.
You don’t want to wait too long to speak to an attorney as there is most likely time-sensitive information involved. Your legal representative has to gather things like evidence and witness testimony as soon as possible.
Common Mistakes Georgia Personal Injury Victims Make
If you’re involved in any one of the different types of personal injury, it’s easy to get confused about what to do, particularly if you don’t want to waste your time while dealing with an injury or you don’t trust Georgia personal injury law firms. In the process, you might find yourself making at least one of the following mistakes personal injury clients make.
Not Keeping Critical Evidence
If you experience an incident, such as a car accident, in Atlanta, GA, the first thing you should do after making sure you’re fine is gather as much evidence as you can and preserve it. If you have a camera, take as many pictures as you can, and record a video if possible. Speak to any witnesses available, and search around for any form of supporting data. As the claimant, having enough evidence to support your case may go a long way towards ensuring your case moves fast and that you emerge successful.
In some cases, insurance companies respond to claims by offering a certain amount of compensation instantly. Your personal injury lawyer may find it very difficult to value your claim without tangible medical evidence, unless you’ve recovered fully within a short period of time. Sometimes it makes sense to accept such an offer, but it is not always satisfying.
Worrying About Facing a Jury
In the unlikely event that your personal injury claim goes to a trial, you will likely not face a jury. Such cases are usually heard by a judge, and for them to reach that level, they have to be particularly large or complicated. A good example is when the insurance company believes that the claimant has been untruthful.
Assuming Your Question Is Stupid, and Therefore Not Asking It
Some people make personal injury claim processes seem overly plain, citing Georgia law. If you don’t like being put down, you might repress certain questions lest you feel embarrassed. You might even dismiss a critical thought because you feel it’s irrelevant or foolish.
It’s not right to think like this. As this is your claim, you have the right to know every little detail concerning it, and express yourself as you wish if you feel it will help your case. Personal injury cases can be complicated to regular people, and sensible personal injury lawyers understand that. Therefore, whether your case is related to a simple property damage or an enormous car accident, feel free to tell or ask your attorney anything.
Assuming all Attorneys and Law Firms are the Same
Many law firms take up many personal injury cases without assessing their capacity to handle them conclusively. If you’re involved in a property damage issue, for instance, your insurance company may allocate a law firm to you. Like most people, you may be tempted to work with its lawyers without investigating its credentials.
You need to assess the law firm and the attorneys themselves. A good Georgia personal injury law firm should prove that they are reliable, experienced, trustworthy, reputable, and accessible. A firm that tries to handle hundreds of accidents at the same time without a proven capacity to do so, for instance, may not be ideal to work with.
Tips For a Successful Claim From Our Personal Injury Law Firm
The first step to a successful personal injury case is prioritizing your health. You can’t have a case if you are not receiving medical treatment.
Your doctor will be able to describe the severity of your injury and the medical records serve as evidence. What’s more, the doctors will help to testify on how you sustained your injury and prove that it was indeed caused by an accident.
Further, many people tend to believe that their insurance company will protect them in the event of an accident. And so they try to handle their personal injury case with the company without seeking legal advice.
Initially, it may appear that they are being helpful and trying to help guide the process. But this is most often not the case. After all, the best interest of the victim can not be the interest of the insurance company. The company’s representatives are trained to save the company money and so they end up offering the injured victim settlements far below what they are entitled to or even reject the valid claim altogether.
This is why it is crucial that you have an experienced lawyer on your side to protect your rights. It is almost impossible for someone without extensive experience in this area of the law to get the best out of a personal injury case by negotiating with an insurance company themselves.
At Rego Law Firm, our personal injury attorneys have years of experience in negotiating successfully with insurance companies. We can review the facts of your case against complex insurance policies, allowing us to determine the maximum compensation possible. We are prepared to handle all communications with the insurance company to ensure that you are not tricked into doing anything that may compromise your claim.
Contact Our Personal Injury Attorney for a Free Consultation
If you or a loved one has suffered from injuries caused by the carelessness of another in Georgia, you have every right to seek compensation for all damages through a personal injury claim. Located in Haralson County, Georgia, our lawyers are dedicated to helping you protect your legal rights and get all that you are entitled to.
Although you may be able to pursue a personal injury claim on your own, you have higher chances of success if you consult the services of a Rego personal injury lawyer with the knowledge and experience to build a solid claim and negotiate with all the parties involved, having your best interests in mind.
Learn more about how personal injury claims work and how we can help you get compensation by scheduling a free consultation with one of our top-rated personal injury attorneys in Georgia.