Types of Personal Injury Claims in the State of Georgia
There are a number of different types of personal injury claims in the state of Georgia. Who is liable can vary depending on the type of claim being made. It is important that you decide on an attorney as soon as possible to begin working on your behalf. This will allow your attorney the best chance to identify the appropriate legal theory, locate witnesses, and begin formulating your case.
Negligence requires two things. First, a person or company fails to use reasonable care. Second the person or company’s failure results in injury or damage to another. In Georgia, damages in negligence personal injury claims are calculated using “modified comparative negligence.” Modified comparative negligence involves two steps in determining damages. First, an injured party cannot collect damages if there is a determination that the injured party is more than 50 percent responsible for any damages sustained. Second, if there is a determination that the injured person is also partly responsible, but not more than 50 percent responsible, the negligent party is only responsible for the percentage of damage that the person or company caused. In other words, if the damages are $100,000, and the injured party is found to be 30% percent responsible for their injuries, they could only recover $70,000.
Some examples of negligence include:
- Slip and fall accidents;
- Car accidents;
- Toxic torts;
- Pedestrian accidents;
- Bicycle accidents;
- Motorcycle accidents;
- Medical malpractice;
- Bus accidents;
- Drunk driving accidents;
- Other types of car accidents.
Defamation includes slander and libel. Slander is when a company or person makes a spoken claim about a person or company, with two critical elements: first, that the statement is false; and second, that the statement causes damage to the person’s reputation or the company’s reputation. Libel is when a company or person makes a written claim about a person or company. Just as with defamation, slander involves statements that are both false and causes damage to the reputation of the person or company.
The person or company that spoke or wrote the false claims is responsible for any damages.
Assault or Battery
Assault and battery are known as intentional torts. Assault is the threat of a physical attack. Battery, on the other hand, involves an actual physical attack.
The person that commits assault or battery is responsible for the damages inflicted on the injured party.
Dog Bite Claims.
In order to make a claim for a dog bite in Georgia, the injured person must prove the following:
- That the dog is vicious or dangerous
- That the dog’s owner was reckless with the dog or let it “go at liberty” and this resulted in the injury; and
- That the injured party did not provoke the dog.
If liability for a dog bite is determined, the dog’s owner would be responsible for the damage caused by the dog bite
“Wrongful death” occurs when the death of an individual is caused by the negligence, recklessness or intentional act or acts of another. An example of this might be an employer who ignores unsafe working conditions, which results in the death of a worker.
Whoever caused the activity that resulted in the death is responsible for the damages.
In a strict liability case, liability can be found even if there is no finding of fault. It is a recognition that certain activities are so dangerous, that if there are any damages there is liability.
The party responsible for the damages is the party that engaged in the activity.
In a product liability case, the injured person must prove that the product was defective, that the defect was the cause of the injury and that the product was unreasonably dangerous because of the defect.
Anyone who had a role in getting the product to market can be held responsible.
What is a Statute of Limitations and How does it Affect My Personal Injury Claim?
A statute of limitations limits how much time an injured person has to file a lawsuit. The state of Georgia has very short time limits that vary depending on the type of claim. For example, in a claim for defamation, the statute of limitations is only one year. In most other cases, the statute of limitations is two years. It is important that you contact an attorney as soon as possible, not only to protect yourself from the statute of limitations, but so an attorney can start gathering evidence as soon as possible. Memories fade, and evidence can be lost or destroyed. Think of a statute of limitations as a clock that starts to run at the time of your injury. It is important to know that the statute of limitations governs the date you have to file your claim. It is not the amount of time you have to contact an attorney. Once you meet with an attorney, the attorney must have time to prepare to file your claim within the relevant time frame.
I Have Suffered a Personal Injury – What Do I Do Now?
If you have suffered a personal injury, you need to hire an experienced, knowledgeable personal injury attorney. The quality of your representation can affect whether you receive the full compensation you are entitled to. Every personal injury case needs full and careful evaluation. Comparative negligence is particularly complicated and requires careful review. The lawyers at Bader Scott Injury Lawyers have extensive experience handling personal injury cases.
A frequent complaint about lawyers is a lack of communication between lawyer and client. At Bader Scott Injury Lawyers, we are proud of our communication policy. We will meet with you and answer your questions free of charge. You will always know the status of your case. There will be no charge to you unless we win your case. Please contact Bader Scott Injury Lawyers if you have suffered a personal injury in the state of Georgia. We look forward to hearing from you soon so we can start fighting for you today.