Georgia Personal Injury Law: Everything You Need to Know
Georgia personal injury laws establishes the rules, requirements, and procedures for an injured party to file a personal injury claim. Learn more here.
Overview of Georgia Personal Injury Claims
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 accident victim 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 party responsible for compensating the injured for non-economic and economic losses. In the state of Georgia, this is known as 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 accident victims across the state receive adequate compensation for personal injuries. We have the knowledge, experience, and resources to help you file a personal injury claim obtain all the damages you are entitled to for the injuries you’ve suffered.
Standing among Georgia’s top personal injury lawyers, 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 describes 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. The case starts getting worse when the victim suffers from traumatic brain injuries with comparatively low chances of improvement.
With our experienced Georgia personal injury lawyers on your side, you can focus on recovering those catastrophic injuries while we deal with the financial turmoil and pushback from the insurance companies.
Once you connect with an experienced personal injury legal professional, you will be able to understand your legal rights and a practical way to get compensation for your losses without hurting your rights in court. Moreover, the Georgia personal injury lawyer will represent your case in court so that you can recover as soon as possible.
Most Common Personal Injury Cases in Georgia
Some of the most common personal injury cases reported in Georgia include:
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Medical malpractice
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Car accidents
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Truck accidents
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Dog bites
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Motorcycle accidents
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Construction accidents
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Boating accidents
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Bicycle accidents
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Pedestrian accidents
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Defective product
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Workplace accidents
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Premises liability
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Slip and fall accidents
We strongly recommend that you seek out the counsel of an experienced personal injury lawyer who can help you navigate the intricacies of the legal system.
At Rego Law Firm, we know first-hand how overwhelming navigating personal injury lawsuits can be to the newly injured.
Our Georgia injury attorneys attentively represent those injured in most personal injury cases, 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.
With our years of experience in different types of personal injury cases, we help all of our clients by maintaining a top-notch attorney-client relationship and helping them receive compensation for their severe injuries medical expenses.
Our legal services will help accident victims receive a fair settlement and financial compensation for their losses. 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
Georgia adheres to modified comparative negligence rules in assigning fault after accidents. According to the doctrine established in O.C.G.A. 51-11-7, injured victims can receive monetary compensation for personal injury if they are less than 50 percent at fault for the accident. The plaintiff’s recovery 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 personal injury laws in Georgia. 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 primarily deemed at fault by 50% or more, you would not receive any recovery. One of the critical responsibilities of a personal injury lawyer is to ensure that this does not happen. Your Georgia lawyer has to meticulously uncover the entity responsible for your injuries by reviewing all the facts and evidence related to the accident.
How Long Do You Have to File a Personal Injury Lawsuit in Georgia?
Every state has a set limit on the time a victim has to file a Georgia 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 the trial, and you’ll lose the right to get the compensation you deserve for your injuries.
The filing deadline can only be extended under certain limited circumstances. You need to consult with an experienced Georgia legal professional to explain how the statute of limitations applies to your specific situation.
You don’t want to wait too long to speak to an attorney as time-sensitive information is likely involved. Your legal representative has to gather evidence and witness statements as soon as possible.
Is Personal Injury Settlement Marital Property in Georgia?
Personal injury awards are generally considered the sole and separate property of the injured victim. However, in some cases, a portion of the settlement may be treated as marital property. This depends on how long you were married to your spouse and when the accident occurred.
If you were married at the time of the accident but got divorced before receiving any payments from the settlement, the award would be considered your sole and separate property. However, if you were married at the time of the accident, got divorced after receiving some payments from the settlement, and then remarried, a portion of those payments may be considered marital property.
It’s essential to speak with an attorney about your specific circumstances to see how the law applies to you.
What’s the Difference Between a Personal Injury Claim and Lawsuit in Georgia?
A personal injury claim is an insurance proceeding where the victim seeks damages from the at-fault party’s insurance company. On the other hand, a personal injury lawsuit is a civil action filed in court against the at-fault party.
A personal injury lawsuit may provide a victim with more money in damages than a claim, but it also risks a longer and more costly legal battle. An experienced personal injury lawyer can help you decide whether filing a lawsuit is the best option.
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 describe the severity of your injury, and the medical records serve as evidence. The doctors will help testify how you sustained your injury and prove that it was caused by 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 victim’s best interest can not be the insurance company’s interest. The company’s representatives are trained to save the company money. 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 you must 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 lawyers have years of experience 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.
Workers’ Compensation Claims in Georgia
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill due to their job. These benefits can include future medical expenses, income replacement, and death benefits.
To qualify for workers’ compensation benefits in Georgia, the injury or illness must have occurred at work, be job-related, and be provable. There are also time limits on when you can file a workers’ compensation claim.
If you have been injured at work, it’s important to seek medical attention as soon as possible and then contact a workers’ compensation attorney. An experienced workers’ compensation lawyer can help you navigate the claim process and ensure that you receive the full benefits to which you are entitled.
Workers’ Compensation Claims in Georgia
Workers’ compensation is a state-mandated insurance program that provides benefits to employees who are injured or become ill due to their job. These benefits can include future medical expenses, income replacement, and death benefits.
To qualify for workers’ compensation benefits in Georgia, the injury or illness must have occurred at work, be job-related, and be provable. There are also time limits on when you can file a workers’ compensation claim.
If you have been injured at work, it’s important to seek medical attention as soon as possible and then contact a workers’ compensation attorney. An experienced workers’ compensation lawyer can help you navigate the claim process and ensure that you receive the full benefits to which you are entitled.
Common Mistakes Georgia Personal Injury Victims Make
Suppose you’re involved in any of the different types of personal injury. In that case, it’s easy to get confused about what to do, particularly if you don’t want to waste your time dealing with an injury or you don’t trust G.A. 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 successfully.
In some cases, insurance companies respond to claims by instantly offering a certain amount of compensation. 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. Sometimes it makes sense to accept such an offer, but it is not always satisfying.
Worrying About Facing a Jury
If your injury claim goes to a trial, you will likely not face a jury. A judge usually hears such cases, 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 injury claim processes seem overly plain, citing Georgia law. If you don’t like being put down, you might repress specific 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 Georgia personal injury lawyers understand that. Therefore, whether your case is related to 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
Most personal injury attorneys take up many cases without assessing their capacity to handle them conclusively. For instance, your insurance company may allocate a law firm to you if you’re involved in a property damage issue. 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. An excellent personal injury law firm in Georgia should prove reliable, experienced, trustworthy, reputable, and accessible. A firm that tries to handle hundreds of accidents simultaneously without a proven capacity to do so, for instance, may not be ideal for working with.
Relying on Your Memory
Memory is a funny thing. If you’re not careful, your mind may fill in the blanks of what happened with what it wants to believe happened. In other words, you might forget essential details or even end up including information that didn’t exist. The same is true for witnesses.
The best way to avoid this is by documenting everything as soon as the accident occurs. This might include writing down the date and time of the accident, what happened, taking pictures and videos of the scene, gathering contact information for witnesses, and so on. If you cannot do any of these things because of injury, have a family member or friend do it on your behalf.
Contact Our Personal Injury Lawyer 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 an 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 pursue an 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 factual claim and negotiate with all the parties involved, having your best interests in mind.
Whether you are filing a wrongful death claim or have been injured in a car accident, our personal injury law firm will guide you through every step of the process to help ensure that your case is successful.
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.
Personal Injury F.A.Q.s
1- Is Personal Injury Settlement Taxable in Georgia?
According to Georgia law, the amount you receive as compensation for your losses is not taxable. Being injured and financially suffering is already tough to handle. During these times, if you have to pay a major share of the compensation money to the Govt. as tax, things will become hard to manage. This is why the Georgia government has decided not to charge tax on the compensation amount.
2- What Does Personal Injury Claim Cover?
The personal injury law covers every aspect to help the victim and teach a lesson to the negligent party. Thus, it covers losses for your lost wages, effects in earning capacity/financial dependency, pain and sufferings, and emotional trauma.
3- How Much Money Can You Sue for Pain & Suffering?
There isn’t any correct answer to this question. Based on your losses, pain & suffering, the attorney will help you decide on how much you should sue for the pain and suffering.
4- Should I Accept the First Offer of Settlement?
In many cases, the insurance companies tend to come up with a brilliant offer and make things seem like they care about you. But behind their offers, all they want is to get rid of the case.
This is why it is suggested by the Georgia personal injury attorney not to accept any offer in a state of hurry. Consult with an experienced attorney, and they will help you get compensation for your losses.
5- What Is a Good Settlement Offer?
A good settlement offer addresses all losses related to accidents. It includes compensation for your injuries, any property damage during the accident, and compensation for the lost income. Though it seems easy to deal with personal injury cases, you can’t do everything alone and expect to have results in your favor. Consulting with an experienced attorney is the best option for you.
