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Auto Accidents
Automobile accidents represent a common type of personal injury cases.
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Premises liability law involves unsafe or defective property conditions.
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In Personal Injury Law, “Negligence” is a term which describes when a party acts...
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In Georgia Personal Injury Law, the term “damages” refers to money awards...
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In Personal Injury Law, “Negligence” is a term which describes when a party acts
What is Georgia Personal Injury Law?
Georgia Personal Injury Law allows people who have suffered an injury to file a civil lawsuit and seek compensation for losses.
Compensation is basically an award for “damages” which is meant to make the injured party “whole” again from a monetary standpoint, or as close as possible. The term “damages” refers to money awards which someone may receive as compensation for harm caused by another party’s negligence. “Negligence” is a term which describes when a party acts in a careless manner that results in property damage or a personal injury, or fails to exercise reasonable care which results in a personal injury.
Personal Injury Law makes up a significant portion of Georgia’s civil claims. Claims include everything from auto accidents to medical malpractice and wrongful death lawsuits. Other legal claims in this category include product liability, trip and falls, truck accidents, premises liability and workers’ compensation.
Bruises, fractures, pain, emotional stress and other personal injuries have many causes. Accidents, moments of inattentiveness, recklessness, or even intentional acts bring about personal injuries. Those responsible for your injuries may have violated some duty imposed by the law.
Below, we examine civil and criminal law, personal injuries, and how you might pursue compensation for the harms you suffer.
Difference Between Georgia Civil vs. Criminal Law
Sometimes someone commits a crime which allows a civil lawsuit, such as a drunk driver hitting you and breaking your leg. However, there are major differences between these two types of law. No crime needs to be committed for a civil lawsuit to occur. Below we’ll cover both criminal law and civil law.
Criminal Law
The criminal law consists of statutes that define various offenses, or crimes, and establish punishments.
Crimes and offenses run the gambit. Property offenses include theft, embezzlement, arson, and robbery. Homicides, batteries, and assaults represent crimes against individuals. Motorists face arrest and prosecution for impaired driving and reckless driving. Offenders face prison or jail time, fines, community service, and probation. For first degree murder, the death penalty comes into play.
In criminal cases, prosecutors represent the government, or “the state.” This reflects the idea that crimes represent offenses against the society as a whole. Prosecutors decide what charges to bring, evidence and witnesses to present, and arguments to make. With defendants facing the loss of their liberty and other punishments, prosecutors must prove their cases “beyond a reasonable doubt.”
Defendants unable to hire lawyers enjoy the right to court-appointed counsel. Other constitutional rights include the privilege against self-incrimination.
The Civil Arena
Certain criminal acts, such as assaults and impaired driving, also violate the civil law.
This body of law concerns itself with resolving disputes and claims between private parties. You resort to civil law rather than criminal law to enforce your private rights. As a plaintiff, you sue for damages from breaches of contract or careless or intentional acts of others. Normally, the civil law does not seek to punish wrongdoers. Instead, victims receive compensation for damages (injuries, economic harm, and other losses).
To that end, plaintiffs need only meet the “preponderance of the evidence” standard. That is, you must show that it is more likely than not that the defendant breached a contract or failed to meet some standard of care. Unlike in criminal law, defendants do not have the right to a court-appointed attorney. Failing to deny a particular matter can serve as evidence against you.
The civil law encompasses contracts and torts. The latter category includes assaults, defamation, infliction of emotional distress, fraud, and negligence.
What is Personal Injury?
Personal injuries arise from torts, especially those involving negligence. A party acts negligently by failing to exercise reasonable care under the circumstances.
The scenarios where personal injuries occur at the hands of negligence and other actions are wide-ranging. Indeed, personal injury law covers a number of subsets in the law.
Premises Liability
Slips, falls, and trips occur when landowners fail to warn lawful visitors of defects or fail to keep the property in reasonable repair. These defects include broken steps and handrails, liquids and other objects being left on the floor, and malfunctioning sprinkler systems or fire alarms. Property owners, especially of hotels, motels, shopping centers, and parking lots, face liability for negligent security. Such claims arise when owners fail to take reasonable measures to prevent criminal activity. The location of the property and the frequency of criminal activity on and near the premises may show that the landowner knew or should have known of criminal activity.
Products Liability
Georgia law holds manufacturers of defectively-made or designed products liable for injuries caused by the defects. If the victim proves that the product had defects at the time it left the manufacturer, the victim need not show negligence. Products liability against manufacturers represents a form of “strict liability.” Plaintiffs may also sue for personal injuries from the manufacturer’s failure to warn.
Motor Vehicle Negligence
The most common personal injury cases involve negligent driving. Automobile crashes rank first among causes of deaths in Georgia and second in sending people to the hospitals. Speeding, texting while driving, other smartphone use, running stop lights and stop signs, and driving too fast for the conditions are just a sample of the acts of motor vehicle negligence. Automobile injuries occur also at the hands of impaired drivers.
From these acts of negligence come injuries such as fractures, bruises, cuts, spinal cord injuries, traumatic brain injuries, and loss of limbs. Victims suffer pain, loss of body functions, memory loss, and mental anguish.
From these acts of negligence come injuries such as fractures, bruises, cuts, spinal cord injuries, traumatic brain injuries, and loss of limbs. Victims suffer pain, loss of body functions, memory loss, and mental anguish.
What is the Georgia Statute of Limitations?
A statute of limitations sets the deadline for a party to start a lawsuit.
For most personal injury cases in Georgia, the statute of limitations stands at two years from the time of injury. In most instances, you should treat the date of the wreck, slip, fall, or incident as the date of injury. The fact that you don’t know the extent of your injuries does not halt the statute of limitations.
However, some instances arise where a victim does not know about or discover the injury. Commonly, these occur in medical malpractice cases where an illness or injury due to a medical mistake does not occur until sometime later. In these instances, the two-year deadline starts whenever you discover or should have discovered the injury.
In malpractice cases, plaintiffs contend not only with the statute of limitations but “statues of repose.” These statutes set outside deadlines from when the negligent or wrongful act occurred. After that time passes, your lawsuit will be barred even if your injury does not occur or become apparent until later. The statute of repose for medical malpractice actions is five years after the negligent act.
Products liability claims may also face the statute of repose. Georgia law bars strict liability and most negligence suits for products liability after ten years from the first sale of the product for public use or consumption. The statute of repose does not apply to claims based on the manufacturer’s failure to warn of defects or dangers.
Georgia Is an At-Fault State. What Does That Mean?
In Georgia, drivers must maintain liability insurance. The coverage pays for personal injuries you suffer from the other driver’s negligence. To get at the other driver’s insurance, you must prove that the other driver operated the vehicle carelessly. The liability policy pays only if the other driver is at fault in causing the wreck.
If a non-insured driver caused the wreck, you can recover damages under your vehicle’s uninsured motorist coverage. Underinsured motorist provisions pay for damages over and above the policy limits of the at-fault driver. Georgia law makes uninsured and underinsured motorist coverage optional for you, though your insurance company must offer it.
In a handful of states, drivers may recover for personal injuries regardless of fault. These no-fault jurisdictions require motorists to carry personal injury protection (PIP) insurance.
What Does a Personal Injury Lawyer Do and Do You Need One?
Personal injury lawyers handle cases arising from motor vehicle wrecks and other acts of negligence. Much of their work happens pretrial and even before filing a lawsuit. The preparation of your case begins with learning how the wreck or incident occurred, gathering reports and photographs or video, and interviewing witnesses.
Personal injury lawyers compile a list of hospitals, clinics, physicians, and pharmacists who treat you. From these providers’ medical records come evidence of your injuries, disabilities, and the extent of medical expenses.
With a personal injury lawyer, you have a professional who gathers evidence of your injuries, pain, and suffering and helps you avoid the pitfalls of a personal injury claim. Traps come from insurance companies getting you to prematurely settle your case or missing deadlines. Without legal assistance, you might unwittingly say something that could bar or diminish your claim.
Sometimes someone commits a crime which allows a civil lawsuit, such as a drunk driver hitting you and breaking your leg. However, there are major differences between these two types of law. No crime needs to be committed for a civil lawsuit to occur. Below we’ll cover both criminal law and civil law.
The criminal law consists of statutes that define various offenses, or crimes, and establish punishments.
Crimes and offenses run the gambit. Property offenses include theft, embezzlement, arson, and robbery. Homicides, batteries, and assaults represent crimes against individuals. Motorists face arrest and prosecution for impaired driving and reckless driving. Offenders face prison or jail time, fines, community service, and probation. For first degree murder, the death penalty comes into play.
In criminal cases, prosecutors represent the government, or “the state.” This reflects the idea that crimes represent offenses against the society as a whole. Prosecutors decide what charges to bring, evidence and witnesses to present, and arguments to make. With defendants facing the loss of their liberty and other punishments, prosecutors must prove their cases “beyond a reasonable doubt.”
Defendants unable to hire lawyers enjoy the right to court-appointed counsel. Other constitutional rights include the privilege against self-incrimination.
Certain criminal acts, such as assaults and impaired driving, also violate the civil law.
This body of law concerns itself with resolving disputes and claims between private parties. You resort to civil law rather than criminal law to enforce your private rights. As a plaintiff, you sue for damages from breaches of contract or careless or intentional acts of others. Normally, the civil law does not seek to punish wrongdoers. Instead, victims receive compensation for damages (injuries, economic harm, and other losses).
To that end, plaintiffs need only meet the “preponderance of the evidence” standard. That is, you must show that it is more likely than not that the defendant breached a contract or failed to meet some standard of care. Unlike in criminal law, defendants do not have the right to a court-appointed attorney. Failing to deny a particular matter can serve as evidence against you.
The civil law encompasses contracts and torts. The latter category includes assaults, defamation, infliction of emotional distress, fraud, and negligence.
What is Personal Injury?
Personal injuries arise from torts, especially those involving negligence. A party acts negligently by failing to exercise reasonable care under the circumstances.
The scenarios where personal injuries occur at the hands of negligence and other actions are wide-ranging. Indeed, personal injury law covers a number of subsets in the law.
*Premises liability. Slips, falls, and trips occur when landowners fail to warn lawful visitors of defects or fail to keep the property in reasonable repair. These defects include broken steps and handrails, liquids and other objects being left on the floor, and malfunctioning sprinkler systems or fire alarms. Property owners, especially of hotels, motels, shopping centers, and parking lots, face liability for negligent security. Such claims arise when owners fail to take reasonable measures to prevent criminal activity. The location of the property and the frequency of criminal activity on and near the premises may show that the landowner knew or should have known of criminal activity.
*Products liability. Georgia law holds manufacturers of defectively-made or designed products liable for injuries caused by the defects. If the victim proves that the product had defects at the time it left the manufacturer, the victim need not show negligence. Products liability against manufacturers represents a form of “strict liability.” Plaintiffs may also sue for personal injuries from the manufacturer’s failure to warn.
*Motor vehicle negligence. The most common personal injury cases involve negligent driving. Automobile crashes rank first among causes of deaths in Georgia and second in sending people to the hospitals. Speeding, texting while driving, other smartphone use, running stop lights and stop signs, and driving too fast for the conditions are just a sample of the acts of motor vehicle negligence. Automobile injuries occur also at the hands of impaired drivers.
From these acts of negligence come injuries such as fractures, bruises, cuts, spinal cord injuries, traumatic brain injuries, and loss of limbs. Victims suffer pain, loss of body functions, memory loss, and mental anguish.
What is the Georgia Statute of Limitations?
A statute of limitations sets the deadline for a party to start a lawsuit.
For most personal injury cases in Georgia, the statute of limitations stands at two years from the time of injury. In most instances, you should treat the date of the wreck, slip, fall, or incident as the date of injury. The fact that you don’t know the extent of your injuries does not halt the statute of limitations.
However, some instances arise where a victim does not know about or discover the injury. Commonly, these occur in medical malpractice cases where an illness or injury due to a medical mistake does not occur until sometime later. In these instances, the two-year deadline starts whenever you discover or should have discovered the injury.
In malpractice cases, plaintiffs contend not only with the statute of limitations but “statues of repose.” These statutes set outside deadlines from when the negligent or wrongful act occurred. After that time passes, your lawsuit will be barred even if your injury does not occur or become apparent until later. The statute of repose for medical malpractice actions is five years after the negligent act.
Products liability claims may also face the statute of repose. Georgia law bars strict liability and most negligence suits for products liability after ten years from the first sale of the product for public use or consumption. The statute of repose does not apply to claims based on the manufacturer’s failure to warn of defects or dangers.
Georgia Is an At-Fault State. What Does That Mean?
In Georgia, drivers must maintain liability insurance. The coverage pays for personal injuries you suffer from the other driver’s negligence. To get at the other driver’s insurance, you must prove that the other driver operated the vehicle carelessly. The liability policy pays only if the other driver is at fault in causing the wreck.
If a non-insured driver caused the wreck, you can recover damages under your vehicle’s uninsured motorist coverage. Underinsured motorist provisions pay for damages over and above the policy limits of the at-fault driver. Georgia law makes uninsured and underinsured motorist coverage optional for you, though your insurance company must offer it.
In a handful of states, drivers may recover for personal injuries regardless of fault. These no-fault jurisdictions require motorists to carry personal injury protection (PIP) insurance.
What Does a Personal Injury Lawyer Do and Do You Need One?
Personal injury lawyers handle cases arising from motor vehicle wrecks and other acts of negligence. Much of their work happens pretrial and even before filing a lawsuit. The preparation of your case begins with learning how the wreck or incident occurred, gathering reports and photographs or video, and interviewing witnesses.
Personal injury lawyers compile a list of hospitals, clinics, physicians, and pharmacists who treat you. From these providers’ medical records come evidence of your injuries, disabilities, and the extent of medical expenses.
With a personal injury lawyer, you have a professional who gathers evidence of your injuries, pain, and suffering and helps you avoid the pitfalls of a personal injury claim. Traps come from insurance companies getting you to prematurely settle your case or missing deadlines. Without legal assistance, you might unwittingly say something that could bar or diminish your claim.
Providing helpful free information about Georgia's personal injury laws.
Premises liability law involves unsafe or defective property conditions.
In Personal Injury Law, “Negligence” is a term which describes when a party acts…
Nationwide, households own an estimated 77 million dogs. Despite the moniker “man’s best…
In Personal Injury Law, “Negligence” is a term which describes when a party acts
Georgia Personal Injury Law allows people who have suffered an injury to file a civil lawsuit and seek compensation for losses.
Compensation is basically an award for “damages” which is meant to make the injured party “whole” again from a monetary standpoint, or as close as possible. The term “damages” refers to money awards which someone may receive as compensation for harm caused by another party’s negligence. “Negligence” is a term which describes when a party acts in a careless manner that results in property damage or a personal injury, or fails to exercise reasonable care which results in a personal injury.
Personal Injury Law makes up a significant portion of Georgia’s civil claims. Claims include everything from auto accidents to medical malpractice and wrongful death lawsuits. Other legal claims in this category include product liability, trip and falls, truck accidents, premises liability and workers’ compensation.
Bruises, fractures, pain, emotional stress and other personal injuries have many causes. Accidents, moments of inattentiveness, recklessness, or even intentional acts bring about personal injuries. Those responsible for your injuries may have violated some duty imposed by the law.
Below, we examine civil and criminal law, personal injuries, and how you might pursue compensation for the harms you suffer.
