If you’re considering bringing a personal injury claim in Georgia following any accident, keep in mind that several state regulations may apply inside and outside of court. You should know how these regulations relate to your injury case for any event, from a car accident claim to a slip and fall lawsuit—and everything in between. Continue reading for more.
What is the liability standard for personal injury claims in Georgia?
In most cases, negligence is the basis for blame (liability) in a personal injury lawsuit in Georgia. It is necessary to demonstrate that the defendant’s negligent or reckless actions contributed to the mishap for the wounded victim or plaintiff to obtain legal responsibility for an accident.
The underlying case always determines what is and is not negligence. For instance, drivers are required to use reasonable caution when operating their cars. Legal repercussions may follow a driver who skips a red light and collides with a pedestrian because that is negligence.
What proof can I present to establish negligence in a personal injury claim?
A successful personal injury case is based on a solid base of credible supporting evidence, just like any other legal case. Which types of proof are acceptable to establish fault? It is contingent upon the particular situation. Examples of evidence are images, witness statements, expert testimony, police reports, physical evidence, etc.
In the aftermath of an accident, evidence might disappear rapidly. Do not hesitate. This Peachtree Corners personal injury lawyer can help you investigate your case deeper to gather and preserve evidence.
What if I was somehow to blame for the accident?
A law known as comparative negligence is used to calculate damages and responsibility according to the relative fault of each party. “Modified comparative negligence” is the legal standard in Georgia. Should your injuries be partially your fault, you may be eligible for a compensation reduction directly correlated to your percentage of blame.
For instance, if you bore 30% of the blame for the collision and there is $50,000 in damages, you would only be qualified to get $35,000 through an injury claim. A third of your damages, which is $15,000, would be your legal liability.
Note that if it is determined that an injured person was more than 50% to blame for their accident, they will not qualify to receive compensation under Georgia’s comparative negligence standard.
What is the statute of limitations?
All civil litigation brought before Georgian courts is subject to a statute of limitations. The deadline for bringing a lawsuit in Georgia for personal injury is two years. Usually, the clock begins to run on the day of the accident. Legislators impose statutes of limitations because they recognize that valuable cases should be pursued assiduously, evidence might be lost, and memories deteriorate with time.
Conclusion
Georgia personal injury laws can be tricky for you, especially for the first time. But you can overcome these challenges by engaging a personal injury lawyer. They can help you navigate every step until you get compensation for your injuries.