Apr 22, 2014

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Personal Injury Law in Georgia Explained

Each state has its own statutes, and legalese surrounding personal injury law.  Georgia is no different, and as a state has several legal distinctions that make it stand out from the rest.  Here is some information that discusses how the personal injury laws of Georgia may be inherently different from that of other states.

There are Time Limits
Statute of limitations is the more politically correct phrase when it comes to discussing time limits in the legal arena.  For example, when it comes to personal injury cases that are (or have been) filed in the state of Georgia, there is a two year time limit placed on filing a lawsuit in court.  That is, you have two years from the date of the accident in order to file a lawsuit in a Georgia civil court.  When it comes to filing an injury claim against a city or county, throughout the state, there is a six month time limit.  That is, you have six months from the time of occurrence to file this claim against the city or county in Georgia where the injury happened.  If you are filing claims against the state of Georgia then you have two years.

Who’s at Fault?
When it comes to fault and personal injury law, Georgia is one such state that has a comparative fault rule.  This means when assigning fault, there is a comparative fault rule in place that can reduce or eliminate damages if the claimant is found to be partially at fault for an accident.  So, if both parties share the fault, then this rule is applied.  It goes without saying that Georgia is a “fault” state when it comes to auto insurance claims.

The Influence of Damage Caps
It is important to know, when it comes to having damage caps regarding personal injury cases that many states have them.  Georgia does not.  So if you incur a personal injury in the state of Georgia, your damages will not be capped to limit what you can receive.  The Georgia Supreme Court ruled in 2010 that damage caps violate the right to a jury trial.

Understanding Georgia’s personal injury law is not hard.  There are a plethora of resources available to review. If you are uncertain about how the laws governing personal injury can affect your case or claim.

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