Georgia Personal Injury Lawsuit
Who is Qualified to File a Georgia Personal Injury Lawsuit?
Anyone who has suffered injuries and damages due to a negligent incident can file a personal injury lawsuit in the state. Georgia is home to many law firms that specialize in these suits. They can look over your situation and advise you as to the best course of action.
A lawyer or firm will answer your questions, typically at no cost, and give you an idea of the strength of your case. They will let you know if your situation does not warrant a lawsuit or if you have other options for seeking compensation.
What is the Statute of Limitations for Personal Injury Lawsuits in Georgia?
Every state has a statute of limitations on personal injury lawsuits. This is the time you have from when you sustained injuries to when you can file a lawsuit. Beyond that period, the court is likely to dismiss your case. Georgia’s personal injury statute of limitations is two years. A lawyer can tell you if your circumstances qualify for an exception to the time limit.
How Does a Georgia Personal Injury Lawsuit Proceed?
Once you hire a lawyer, they will guide you through the steps of a lawsuit, but it helps to know what to expect. Your case will go through the Georgia court system, which follows a set of steps similar to those in other states:
- Filing a complaint. The first step is to file a complaint, which makes the lawsuit official and notifies the defendants of your allegations. Your lawyer will do this.
- Discovery and investigations. The complaint starts the timer on a discovery period that allows the defendants’ lawyers to prepare a defense. Your lawyer will also continue investigating the incident. They will collect evidence, talk to witnesses and experts, and hold depositions.
- Negotiating a settlement. If possible, your lawyer will negotiate with the defendants or their insurance company to get you a fair settlement amount. This is faster than going through a trial. A trial is also risky, as you could end up with nothing.
- Litigating. Your lawyer may need to take your case to court. Negotiations may stall, or the defendants may offer you less than you deserve. In court, your lawyer will present evidence and testimony to prove negligence and that the defendants are liable for your expenses.
- Appealing and collecting compensation. Either side may appeal the jury’s decision, which means going to a higher court. You’ll experience a delay in recovering damages. Your lawyer may need to take further steps to collect what the defendants owe you.
How Will My Lawyer Make My Case and Prove Negligence?
Your lawyer will need to collect evidence to build a case and prove the defendants’ negligence caused your injuries. They will look at your medical records, witness accounts of the incident, and any physical evidence from it. Your lawyer must prove four things to make a case in court for recovering damages:
- The defendant had a duty to act in a reasonable or accepted way.
- They failed to act reasonably.
- That failure resulted in your injuries.
- Your injuries have directly cost you significant damages.
In some cases, proving negligence is straightforward. For instance, a neighbor with a dog known to be aggressive lets it roam free. The dog bites you, causing serious and costly injuries. Other cases are more complicated, but experienced personal injury lawyers know how to find evidence and build a strong case.
What Can I Expect in Damages?
Damages in a personal injury lawsuit depend on several factors, largely economic costs: your medical bills, expected future medical costs, lost wages, funeral expenses. Your lawyer can provide a reasonable estimate.
You can also request non-economic damages based on things like pain and suffering, disability, or inability to live independently. Georgia has no cap on the amount of non-economic damages you can receive.
Examples of Georgia Personal Injury Lawsuits
Several examples of Georgia personal injury lawsuits help you understand what these cases look like, what form they take, and what outcomes are possible:
- In 2020, Lindsey Pike received a $10 million settlement from the insurance company of a driver who struck her in Cartersville. He was under the influence. Pike suffered brain, liver, and bladder injuries as well as multiple broken bones.[1]
- Settlements from the government are often less, but it is still possible to file a claim or sue a government agency. In 2020, Sarah Wood received $500,000 from Gwinnett County after a county police vehicle struck her on I-85. She suffered significant injuries.[2]
- Broderick Ferguson’s lawyers got him a $1 million insurance settlement after the company initially offered him $10,000 after a vehicle crash. A dump truck struck his car on Lenox Road. While Ferguson’s medical expenses were only $30,000, the accident left him almost totally blind.[3]
- Injury cases sometimes turn into wrongful death lawsuits, as was the case when stuntman John Bernecker fell to his death on the set of “The Walking Dead” filming in Georgia. His family’s legal team secured an $8 million jury verdict. The Georgia State of Appeals overturned the decision, deciding that the state’s Workers’ Compensation Act applies in Bernecker’s death.[4]
If you believe you have a valid reason to file a personal injury lawsuit in Georgia, your best resource is an experienced law firm or attorney. Find someone who focuses solely on personal injuries in the state.