Georgia Personal Injury Law Overview

Personal injury law is a very broad area of law that includes cases such as medical malpractice, defective products, vehicle accidents, and many others. If you were injured by someone else's negligence or wrongdoing, you may have a valid personal injury legal claim. While the basic principles of personal injury law are the same from state to state, some very important aspects of this area of law differ in the states.

Compensation

In Georgia, you may be entitled to the following if you have been injured:

• Past, current, and future medical expenses
• Lost wages, including time missed from work to attend medical appointments
• Lost earning capacity
• Permanent disability
• Permanent disfigurement
• Emotional distress
• Interference with family relationships
• Property damage
• Other costs incurred as a direct result of your injury

Punitive damages are intended to punish the defendant. In Georgia, except in product liability cases, punitive damages cannot exceed $250,000, and individual healthcare providers cannot be held liable for more than $350,000 in non-economic damages.

In Georgia, as in many other states, in order to prove fault, you must be able to prove negligence. Four elements must exist in order to prove negligence in Georgia:

• The person who caused your injuries owed you a duty
• The person failed to uphold that duty
• That failure caused your injuries
• You suffered damages

In defective product cases, the manufacturer of the product may be held responsible under strict liability, not negligence. Strict liability must prove that:

• The product was not reasonably suited to the use for which it was intended
• The condition of the product caused your injury
• You suffered damages

Statute of limitations

In Georgia, you have two years from the time of the injury to file a personal injury lawsuit. In some cases, you have even less time; under special circumstances, you may have more time.

Comparative negligence

If you are less than half to blame for your injuries, the responsible party can be held liable for damages proportionate to their share of the blame. This law is called modified comparative negligence.

If multiple parties are responsible, they are each responsible for their percentage of the blame and the monetary award. The plaintiff cannot collect one person's payment from another responsible party.

If you live in Georgia and would like to learn more about personal injury law, please contact an experienced Georgia personal injury lawyer today.