Demystifying Statutory Rules and Personal Injury Law in Georgia

by | Jun 5, 2014 | Attorney

When involved in any type of accident-related lawsuit or insurance claim in Georgia, knowing personal injury law in Georgia that could apply to your individual case can be quite helpful. Below are a few injury laws that you should consider.

Statute of Limitations
Statute of limitations or time limit applies to all personal injury cases that are filed in Georgia’s civil court system. To file a lawsuit in Georgia, you have two years. The clock starts running on whatever caused your injury or accident’s date. If you fail to file your lawsuit within the window provided, the court will usually refuse to hear it and you will definitely lose any right for compensation for any injuries sustained. If you are looking to file against a county or city, you have six months, and for any claims against the state, you have two years.

Comparative Fault Laws
In some instance, while filing an insurance claim or court case after an injury, the other party can turn around and lay claim that you are actually at fault, either fully or partly, for the mishap. Under Georgia’s comparative fault laws, these reduces or even eliminates the damages you are entitled to if found guilty of fully or partly contributing to an accident.

Auto Insurance Laws
When it comes to auto insurance claims, Georgia is a fault state. Therefore, an injured individual has multiple options when it comes to seeking compensation for losses incurred. One such option is filing a lawsuit in court, or filing a third party from the other driver’s insurance firm or claiming from his or her own insurance.

Strict Liability for Dog Bite and or Attack Cases
In other states, the dog owner is protected from injury liability if it is the first time that a dog has injured someone when he or she had no reason to believe that the pet was dangerous. However, in Georgia, the owner is strictly liable for the dog’s behavior no matter its past and the owner is responsible for any personal injury caused. Specifically, if the dog was supposed to be on a leash and it was not, the owner is responsible for any resultant injuries.

Damage Caps in Personal Injury Cases
A few states provide for caps on personal injury case damages. Such caps limit how much an injured family or person can claim in some types of losses or cases. There is no cap on damages due to medical malpractice and other personal injury law in Georgia cases.

For more information on personal injury law in Georgia, it is vital that you visit Mcarthurlawfirm.com. Experts will be able to interpret the law for you according to your own unique case.

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