Georgia Personal Injury law allows those who have been injured to file a civil suit and receive compensation. The compensation is a “damages award” that is intended to make the injured person “whole”, or as near as possible, from a financial standpoint.
Damages are money awards that someone can receive for the harm caused by negligence of another party. Negligence is the term used to describe when someone acts in an uncaring manner resulting in personal injury, property damage or both.
Personal injury law makes up a large portion of Georgia civil claims. The claims range from auto accidents, medical malpractice and wrongful-death lawsuits. This category also includes product liability, slip and fall, truck accidents and premises liability.
Personal injuries, including bruises, fractures and emotional stress, can be caused by many different factors. Personal injuries can be caused by accidents, inattention, recklessness or intentional acts. The person responsible for your injury may have violated a legal duty.
Georgia Civil Law vs. Criminal Law
A civil lawsuit can be filed when someone commits an offense that allows for a civil suit, like a drunken driver who hits you and breaks your leg. There are some major differences between the two types of laws. A civil lawsuit can be filed without a crime being committed.
Criminal Law
Criminal law is a set of laws that defines crimes and their punishments. The list of crimes and offenses is endless. Theft, embezzlement and arson are all property offenses. Crimes against individuals include homicides, battery, and assaults. Drivers are arrested and prosecuted for drunk driving and reckless driving. The penalties for violators include prison time or jail, fines, community work, and probation.
Prosecutors represent “the state” in criminal cases. This is because crimes are considered offenses against society. The prosecutor decides what charges and evidence to bring forward, as well as which witnesses and arguments to use. Prosecutors must prove their case “beyond reasonable doubt” when defendants face the loss of liberty and other punishments.
The right to be represented by a court appointed lawyer is available to defendants who cannot afford an attorney. The privilege against self-incrimination is another constitutional right.
Civil Arena
Civil law is also violated by certain criminal acts such as assault and driving while impaired. This body of laws is concerned with the resolution of disputes and claims between parties. To enforce your rights, you use civil law instead of criminal law. You can sue for damages if someone breaches a contract, or if they are negligent or intentionally wrong. Normal civil law doesn’t seek to punish the wrongdoer. Victims receive compensation instead for damages (injuries and economic harm).
Plaintiffs only need to meet the standard of “preponderance” to be successful. You must prove that it’s more likely than not the defendant broke a contract, or did not meet a standard of care. In a civil law case, the defendant does not have a right to an appointed attorney.
Contracts and torts are included in civil law. This category includes assaults and defamation as well as fraud, negligence, emotional distress infliction, and defamation.
What is personal injury?
Torts are responsible for personal injuries, particularly those that involve negligence. When a party fails to act with reasonable care, they are negligent. There are many scenarios in which personal injuries can be caused by negligence or other actions. It is a broad area of law that includes many subsets.
Premises Liability
Landowners are responsible for slip and falls when they fail to notify visitors about defects or do not maintain the property in a reasonable condition. Defects include broken handrails and steps, liquids or other objects left on the ground, malfunctioning sprinklers or fire alarms, and more.
Owners of property, such as hotels, motels and shopping centers, are liable for negligent security. These claims are made when property owners fail to take reasonable steps to prevent criminal activity. It may be that the location of the property, and the frequency of crime on or near the premises can show the landowner was aware of criminal activity.
Products Liability
Georgia law holds the manufacturers of defectively designed or manufactured products responsible for injuries caused by those defects. The victim does not need to prove negligence if the victim can show that the product was defective when it left the factory. The “strict liability” of manufacturers is a type of products liability. Plaintiffs can also sue the manufacturer for personal injury resulting from their failure to warn.
Motor Vehicle Negligence
Most personal injury cases are caused by negligent driving. In Georgia, automobile accidents are the leading cause of death and hospitalization. Motor vehicle negligence includes speeding, texting and other smartphone usage, driving too fast, running stoplights and stop signs and driving at excessive speeds. Intoxicated drivers can also cause automobile injuries.
These acts of negligence can lead to injuries such as
- fractures
- bruising
- cuts
- spinal injuries
- traumatic injuries of the brain
- loss of limbs.
- mental anguish
What is Georgia Statute of Limitations (Statute of Limitations)?
A statute of limitation sets a deadline by which a party can file a lawsuit. In Georgia, most personal injury claims have a statute of limitation of two years. You should, in most cases, treat the date of the accident, slip or fall, incident, or wreck occurred as the date the injury occurred. You do not have to wait until you know how serious your injuries are.
In some cases, the victim may not be aware of or not discover an injury. These cases are most common in medical malpractice claims where the illness or injury is not discovered until later. The two-year period begins when you find out or should have known about the injury.
Plaintiffs in malpractice cases must contend with not only the statute of limitation, but also “statutes of repose” which set deadlines outside of the time frame of the negligent or wrongdoing act. Your lawsuit will be barred if the injury occurs or becomes apparent after that period. The statute of limitations for medical malpractice cases is five years from the negligent act.
The statute of repose may apply to products liability claims. Georgia law prohibits strict liability and many negligence suits in products liability after 10 years since the first sale or use of the product. The statute of limitations does not apply in cases where the manufacturer failed to warn consumers of dangers or defects.
Georgia is a state at fault. What does that mean?
Drivers in Georgia are required to carry liability insurance. This insurance pays for any personal injuries caused by the negligence of another driver. You must prove the other driver was negligent. Liability insurance only pays if another driver caused the accident.
Uninsured motorist protection can be used to recover damages if the accident was caused by a driver who is not insured. The underinsured motorist coverage pays for damage above and beyond the policy limits. Georgia law allows you to choose whether to purchase uninsured/underinsured motorist insurance. However, your insurer must provide it.
In some states, regardless of who is at fault, drivers can recover compensation for injuries. In these no-fault jurisdictions, drivers are required to have personal injury protection insurance (PIP).
What is a personal injury lawyer, and do you need one?
Personal injury attorneys handle cases that arise from car accidents and other negligent acts. Many of their tasks are done before trial and even before filing a suit. Preparing your case starts with a thorough investigation of the accident or incident, including gathering photographs and video and interviews with witnesses.
Personal injury attorneys compile a comprehensive list of the hospitals, clinics and physicians who have treated you. These medical records provide evidence of your injuries and disabilities as well as the extent of your medical expenses.
A personal injury lawyer also gathers evidence about your injuries, pain and suffering, and who helps you avoid the pitfalls associated with a personal injury claim. Insurance companies can lure you by getting you to settle your case prematurely or miss deadlines. You might say things that can invalidate or reduce your claim if you don’t have legal representation.
Conclusion
Georgia Personal Injury Law provides a comprehensive framework for individuals who have suffered harm due to the negligence or intentional acts of others. By allowing victims to file civil suits and seek compensation. The law aims to make injured parties as whole as possible from a financial standpoint. Whether dealing with auto accidents, medical malpractice, or product liability, the legal system in Georgia offers avenues for justice and restitution.
Understanding the distinctions between civil and criminal law, as well as the specific statutes of limitations, is crucial for anyone navigating personal injury claims. Ultimately, personal injury attorneys play a vital role in guiding victims through the complexities of the legal process, ensuring their rights are protected and they receive the compensation they deserve.