Personal injuries are extremely common regardless of the state you reside in. Sometimes, you can sue another party for your injuries to pursue compensation for the harm incurred and other losses.
In Georgia, you can sue for personal injuries when another party caused them either by intentional misconduct or negligence. In the majority of personal injury claims, victims work alongside attorneys for injury claims to ensure that their rights and interests are protected.
Consult a lawyer if you have been a victim of someone’s negligent action or intentional misconduct in Georgia. Here is everything you need to know about suing someone for an injury:
Statute of Limitations
Before suing someone for causing you an injury, you must consider Georgia’s statute of limitations. The statute of limitations sets a time limit for filing personal injury lawsuits. The timeframe differs from the type of accident you have suffered.
However, in most instances, you have two years from the date of your injury to file a lawsuit against another party. In instances of medical malpractice, the statute of limitations begins the moment you discover the injury.
In most instances, you cannot pursue a personal injury claim if you have missed this deadline. However, there are exceptions to the statute of limitations. Contact a personal injury lawyer to learn more and explore your legal options.
Aspects of Negligence
All personal injury claims in Georgia work on the premise of establishing and proving negligence. To prove negligence in a personal injury claim, you must establish the following elements:
- The party that injured you had a duty to exercise reasonable care, such as driving their car responsibly or keeping their premises safe
- The party that caused your injuries breached this duty of care by acting negligently or failing to act
- The breach directly caused your accident
- You suffered damages or losses due to the other party’s acts of negligence
To prove these aspects of negligence, victims can consult with a personal injury attorney to help them gather evidence, establish liability, prove negligence, and pursue just compensation.
Comparative Fault & Damages That Can Be Awarded
All states have different laws that govern how damages are allocated in personal injury cases. Georgia follows a modified comparative fault system, meaning you can receive compensation even if you share a part of the blame for the incident.
However, if you are assigned 50% or more of the fault for the incident, then you will be barred from recovering damages. If you are assigned less than 50% fault, then you will receive compensation based on how much at fault you were. Some of the damages that can be awarded in personal injury cases include:
- Lost wages
- Medical expenses
- Property damage
- Pain and suffering
- Punitive damages
Consider consulting with a personal injury lawyer to have a better chance of highlighting the damages you have suffered and getting compensated adequately.