If you have been injured in Georgia and plan to file an insurance claim or lawsuit, there are some guidelines that you should understand. Below is a brief guide to personal injury law in Atlanta and Georgia. This guide will give you an overview, but if you have specific questions that relate to your injury and the likelihood of collecting damages from a claim, speak with a lawyer for personal injury cases in Atlanta.
Statute of Limitations
Georgia has a 2-year statute for any personal injury lawsuits or insurance claims. This means that if you wait more than 2 years from the date of your injury to begin the process, you will not be allowed to do so. Start the conversation with a personal injury lawyer from Atlanta early so that you don’t feel you are racing the clock towards the end of the statute.
Comparative Fault Laws
When you injure yourself and file an insurance claim or a lawsuit, the party that you file suit against may turn around and say that you were at fault, either partially or fully. In this case, Georgia defaults to a “comparative fault” rule that determines the percentage that each party was at fault, and then reduces the final damages by an equal percent. This means that you are found to be 25% at fault for the accident, you will receive 75% of the final damages that are awarded.
A “Fault” State for Auto Insurance Claims
Georgia is what is known as a fault state in regards to car accidents involving two or more drivers. This means that the driver who was at fault is the one who is responsible for the liability and repayment for damages and other expenses. This means that someone injured who was not at fault can file a claim against the person who caused the accident, their insurance carrier, or their own carrier depending on the option they choose. Consult with a personal injury lawyer before deciding which avenue to pursue depending on the extent of your injuries.
Georgia Personal Injury Claims
There are many types of personal injuries that you can sustain, and many types of claims that can be made following the injury. Below is a short list of some common claims:
- Car Accidents
- Slip and Fall
- Dog Attacks
- Slip and Fall
- Defective Products
There are many other types of personal injuries that you can sustain through another’s negligence. Regardless of your injury, if you believe that there was another party at fault, you should speak with an attorney immediately to explain your situation and understand your legal rights.
If you were intentionally injured, by assault, emotional abuse, or false imprisonment, you can file a personal injury lawsuit as an intentional tort. These show that there was an intention in your injuries, and can additionally factor punitive damages along with a claim for any expenses and/or lost wages. This lawsuit may or may not be in tandem with a criminal case, depending on the nature of your injuries and the situation.
This short list of issues to understand in Georgia are only a small sample of the things that a personal injury lawyer in Atlanta will understand, and be able to apply to your situation. If you have been injured and are unsure about what to do next, speak with an experienced attorney to better understand your circumstances and the options that you can decide upon moving forward.