When it comes to filing a personal injury claim, many people are unsure whether they even have a case in the first place. The court system can be intimidating for people without legal training, and at-fault parties may have lawyers and insurance agents trying to pressure you into an unfair settlement or mislead you about your legal rights. One of the best things you can do for yourself after suffering any personal injury is hire a qualified personal injury attorney.
The personal injury team at Lamar Law Office, LLC can review your case to determine if you have a valid claim. Once we’ve done that, we’ll help you develop a legal strategy to seek the maximum compensation allowed under the law. Let our legal experts take care of your personal injury claim while you focus on healing.
Personal Injury Claims in Georgia
You may have a personal injury claim if you have been injured in a way that meets both of the following criteria:
- Your injury occurred due to somebody else’s negligence or wrongdoing.
- Your injury had a quantifiable material impact on your life (you required medical treatment or were unable to work after the injury, for example).
Personal injury cases can work differently from state to state. This means that legal procedures, maximum damages, and even what qualifies as a legally actionable injury can change whenever you cross state lines. Parties injured in Georgia, for example, will find that there is no cap on maximum damages for personal injury suits in the state. This means that the full extent of your medical bills, lost wages, and other damages may be awarded.
Sometimes, when a party attempts to file a lawsuit or insurance claim for an injury they’ve suffered, the responsible party will counter this action with a claim that the plaintiff (the injured party filing the claim) is actually responsible for the injury. This is a valid legal tactic in Georgia under the state’s “Comparative Fault” statutes.
Comparative fault is a system by which the damages awarded to an injured party may be waived or reduced if the court determines that they are, themselves, fully or partially at fault for the injurious event. Comparative fault cases work on a percentage basis. If you file a personal injury lawsuit and damages are calculated at $20,000 but you are found to be 25% at fault for the accident in which you were injured, you will only collect 75% of the $20,000, or $15,000 (before attorney fees and other costs).
The team at Lamar Law Office, LLC can help ensure that insurance carriers don’t try to intimidate you by misusing the comparative fault laws.
Note that if your injury occurred due to the negligence or wrongdoing of a state or local government agency (or an employee acting on behalf of a government agency), then the procedure for seeking compensation may be somewhat different. Some government bodies are excluded from civil court matters. Typically, in these types of cases, you will have to file paperwork directly with the responsible government agency.
Statute of Limitations
The statute of limitations for most civil lawsuits filed in Georgia courts, including personal injury lawsuits, is two years. This means that your lawsuit must be filed in court within two years of the date of your injury.
In certain types of cases with rare circumstances, there may be exceptions or extensions to the statute of limitations, but generally speaking, if you do not file your claim within the two-year window, you will no longer be able to pursue compensation for your personal injury.
Common Types of Personal Injury
Some of the more common types of Personal Injury cases include:
- Slip and fall accidents
- Medical malpractice
- Automobile accidents
Proving Liability for a Personal Injury in a Georgia Court of Law
If you need assistance seeking damages for a personal injury you’ve sustained in Georgia, Lamar Law Office, LLC is ready to assist you. Our expert personal injury team will seek the compensation you deserve while you focus on healing from your experience.