Personal Injury Law Atlanta
Being a severe accident victim can be a life-changing experience. It may leave you in a terrifying financial position, confused, and upset. If you are planning to pursue an accident-related claim or lawsuit in Georgia, it is prudent to know some critical things about the Georgia personal injury law that could apply to your lawsuit. In this article, we will look at some key personal injury law in Georgia.
Personal Injury Law Time Limit
A time limit, or “statute of limitations,” applies to every injury-related personal injury claim filed in Georgia’s civil court. In Georgia, you’ve two years to file the lawsuit in court. The “clock” on this deadline often starts running on the date of your accident or whatever caused your injury. You should understand and follow the statute of limitations in injury lawsuits. If you decide to file your claim after the 2-year window has elapsed, the court will almost certainly dismiss it, and you will lose your right to get compensation for your injuries. For injury lawsuits against a county or city, you’ve 6 months to file your formal claim. You’ve two years for claims against the state.
Comparative Fault Laws In Georgia
In some instances, when you attempt to file an insurance claim or court case after suffering an injury, then the other party can turn around and claim that you are actually the one at fault -fully or partially- for the accident. Then, what happens? Modified comparative fault rule in Georgia eliminates or reduces damages if you are found to be mostly or partly at fault for your accident. In Georgia, the courts are supposed to apply the comparative fault rule in injury lawsuits where they find both parties to share the fault. However, do not be surprised if the issue also comes up during the insurance settlement negotiations.
Georgia’s Auto Insurance Laws
When it comes to car insurance claims, Georgia is a “fault” state. This means those injured in Georgia auto accidents have several options for seeking compensation for your damages. They have a right to file a lawsuit in court, file a claim with their insurance company, or file the third-party claim(s) directly with the insurance firm of the other driver.
Damage Caps in Georgia’s Personal Injury Cases
Some states have set caps on the damages in personal injury lawsuits. These caps limit the amount of compensation a family or an injured person can get in certain types of claims, or for certain types of losses. Currently, Georgia doesn’t cap damages in medical malpractice or other types of personal injury claims. In 2010, the Supreme Court of Georgia ruled that damage caps violate the right to a jury trial established in the constitution of the state.