Personal injury law allows you to be compensated when involved in an accident that wasn’t your fault. Be aware that there are distinct rules you must follow if you wish to receive compensation for your losses if your injury resulted from the carelessness of a government employee or agency in Georgia. It helps to have a basic awareness of the state laws that can apply if you consider making a personal injury claim in Georgia.
Georgia’s statute of Limitations on Personal Injury Claims
Every civil litigation brought before a Georgian court is subject to a rule known as the “statute of limitations.” Actions for harm to a person must be filed within two years of the right to bring a claim accruing, according to Georgia Code 9-3-33. This means that a two-year window applies to filing an injury claim following any form of accident. The timer typically begins ticking on the accident date.
Knowing and following Georgia’s statute of limitations in injury cases is essential because if you attempt to bring your lawsuit after the two-year window, the court will almost definitely decline to consider it. You will forfeit your chance to get compensation for your injuries.
The filing deadline may be extended in rare situations. You should consult a Norcross personal injury lawyer to learn more about how the statute of limitations relates to your case.
Georgia Comparative Fault Regulations
In some situations, the opposing party will argue that you were really to blame for the accident when you try to file a lawsuit or insurance claim after getting hurt. If it is determined that you were partially or entirely to blame for your accident, Georgia’s modified comparative fault law decreases or eliminates damages. Here is an illustration:
According to Georgia’s modified comparative fault rule, the amount of your damages is reduced by the percentage of fault attributed to you. Take note that you would not be eligible for compensation if you contributed more than 50% to the accident.
In damage situations where it is determined that both parties contributed to the harm, Georgia courts must use the comparative blame rule. But don’t be shocked if the topic also arises in discussions about injury settlement with an insurance adjuster.
Georgia personal injury cases have no damage caps.
Damages for personal injuries are capped in some states. These regulations set a cap on the maximum amount of money that an injured person can be compensated for particular losses or situations. There are now no limitations on the amount of compensation a personal injury plaintiff may receive in Georgia’s courts. The state’s supreme court determined in 2010 that damage caps violate the state constitution’s guarantee of the right to a jury trial (although judges may still be free to reduce excessive awards in some instances).
Liability rule for dog bites
According to a specific law in Georgia (Georgia Code section 51-2-7), anyone “who owns or harbors a vicious or dangerous animal” is responsible if they permit the animal to run loose and cause harm to someone. According to the law, a “vicious” animal can be one that must be kept on a leash.