Know Your Rights

Personal Injury Laws Can Affect Your Claim

Personal injury laws can affect your claim. Attorneys know these laws and understand how they can affect your case — especially local attorneys who are familiar with the law in your state.

It is important to consult with an attorney so your rights are protected and you can be confident that you will receive fair and full compensation for your accident injury. Your attorney knows how to navigate the complicated legal issues and laws involved in a personal injury claim.

Personal Injury Laws Can Affect Your Claim

  • Time Limits/Statute of Limitations

There is a time limit to file a personal injury claim in Georgia. This Statute of Limitation limits how much time you have to file a personal injury claim, but there are variations in that time depending on the type of personal injury claim and the circumstances of your case.

There are also shorter time limits than usual (6 months) if your injury claim involves a city, county, or state government. You might have an injury claim against the city, county, or state, for example, if you are injured in a government building or injured by a city bus. Suing a government entity is also more complicated than suing an individual, business, or company.

  • Fault & Liability Rules

Who was at fault for your injuries? Most often the person/business that was negligent is liable for injuries that they caused. In Georgia however, the system for assigning fault looks at different aspects of the case. There are comparative fault and contributory negligence rules.

First, the injured person may recover compensation only if they have been found to be less than a certain percentage at fault. Second, if the injured person is also negligent in some way, the other negligent person/company will be held liable only for the percentage of the damage they caused.

  • Strict Liability

In dog bite cases Georgia does not have a “one bite rule”. Dog owners have strict liability meaning that regardless of whether the dog has bitten in the past or not, dog owners are responsible for personal injury caused by their dog.

  • Damage Caps

Damage caps limit the amount of compensation an injured person can receive in certain cases or types of loss. Georgia currently does not limit compensation for medical malpractice or other types of personal injury cases although some limitations do exist in certain situations.

  • Auto Insurance Laws

Automobile insurance usually covers the damage claims that arise from an automobile accident. Georgia is a “fault” state concerning automobile accidents claims. What does that mean? It means you can also file third-party claims or file a lawsuit in court. When a dispute arises over an accident, there are multiple vehicles involved, or there are serious injuries resulting from the vehicle accident, the personal injury claim can become complicated.

The bottom line for any business, including insurance companies, is to make a profit. They are going to try to settle for the least amount of money they can. A Georgia personal injury attorney can negotiate with the insurance company and make sure they are offering you the compensation you are entitled to and deserve. Your attorney can also file a third-party claim and/or file a lawsuit in court to make sure you will receive full and fair compensation for your injuries.

Because personal injury laws can affect your claim it is very wise to consult with a personal injury attorney. Most personal injury attorneys offer free initial consultations so you can learn about your legal options without any out-of-pocket expense.

Personal Injury Attorney Joel Baskin – Serving Atlanta

Call Atlanta personal injury Attorney Joel Baskin for a free initial consultation about your personal injury claim. Joel can navigate the complicated legal issues involved in your accident injury case and make sure you receive the compensation you deserve.

Request a Free Consultation


404 765 0031


770 432 2001

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