Georgia Personal Injury Laws
Georgia personal injury law encompasses legal issues like car accidents, premise liability, medical malpractice, and product liability, among others. You may be entitled to compensation for your injuries if a defendant was negligent and that such negligence was a cause of your injury. Georgia has adopted a variation of comparative negligence. Under this doctrine, a claimant's action is barred if he could have avoided the consequences of the defendant's negligence. Otherwise, the claimant's recovery is diminished in proportion to his degree of negligence. Whether or not you are entitled to compensation may depend on the type of accident that caused the injury.
Georgia Car Accidents
Among the fifty states, 12 have opted to be "no-fault states. That leaves thirty-eight "at-fault" states. The state of Georgia has decided to be one of the thirty-eight "at-fault" states. This means courts determine liability based on a showing that one party was at fault for causing the accident. In other words, if the other driver is to blame for the accident, you can collect damages, and vice versa.
Generally, people who operate motor vehicles must exercise reasonable care under the circumstances. Failure to use reasonable care is the basis for most lawsuits for damages caused by an automobile accident. In these cases, proof of fault is often contested and requires thorough investigation. A driver may also be liable for an accident caused by intentional or reckless conduct. A reckless driver is one who drives unsafely, with willful disregard for the probability that the driving may cause an accident.
Georgia Premise Liability Cases
If you were injured at someone else's home or at a commercial establishment, the person responsible for the premises may be held liable. In Georgia, the duty of a landowner to the injured person varies depending on the status of the person at the time of the injury. This can cover instances like slip and falls, dog bites, assaults, etc.
A higher standard of care is imposed on a property owner with respect to an invitee than a licensee, and a higher standard with respect to a licensee than a trespasser. For an invitee, the property owner is liable for injuries caused by his failure to exercise ordinary care in keeping the premises safe. The owner of the premises is liable to a licensee (including a social guest) only for willful or wanton injury. For recreational land made available for public use without charging admission, the owner has no duty of care to keep the premises safe or to give any warning of a dangerous condition.
Georgia Product Liability Cases
Product liability deals with recoveries for personal injury or property damage resulting from the use of a product. An action can be based on negligence, breach of implied or express warranty, or strict liability. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store. When a company designs and manufactures a product, they have a responsibility to ensure that anyone exercising reasonable care within the expected parameters of usage expected for the product will not be injured.
Georgia Medical Malpractice Cases
When a health care provider causes injury due to his or her failure to meet the accepted standards of care for that particular field of expertise, you may have a claim for medical malpractice. A claim can be brought against physicians, dentists, nurses, therapists, hospitals, clinics, and pharmacists among others. Some examples of medical malpractice include incorrect diagnosis, failure to treat, improper treatment, delay in treatment, prescription errors, surgical errors, rendition of services without informed consent, etc. Medical malpractice claims are some of the most difficult to prevail in and are quite costly due to the need for qualified expert review and testimony.
Contact a Georgia Personal Injury Attorney
As you can see, a personal injury attorney may be critical to your claim. If you've been injured by the careless actions of another person, you should consider hiring a local attorney as soon as possible after the incident. It's important to speak to a lawyer familiar with the laws in your jurisdiction. Fortunately, you can contact an experienced Georgia personal injury attorney here to evaluate your claim.
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Personal Injury Articles
- Who Is Responsible When A Person Is Injured?
- How Do I Decide If I Need To Hire An Attorney?
- How Much Will An Attorney Cost?
- How Long Do I Have To Hire An Attorney?
- How Will My Claim Be Processed?
- What Damages Can I Recover?
- How Can I Determine How Much My Claim Is Worth?