What Are The Most Common Types Of Personal Injury Cases That Your Firm Handles?
We handle several types of personal injury cases. Outside of the work context, we focus primarily on car collisions, trucking collisions, and slip-and-falls.
It should be noted that “accident” is a loaded term and implies that no one could have avoided the collision, and that it was therefore no one’s fault or an unavoidable “accident”; for this reason, we typically refer to automobile wrecks as a collisions.
I’ve Been Injured In An Automobile Wreck In Georgia And Believe I Have A Case Against The At-Fault Driver; What Steps Should I Take To Give My Case The Best Possible Outcome?
When you get in an automobile wreck, the first thing you want to do is make sure that you are okay. If you have a smartphone and are capable of getting out of your car, then you should immediately start video recording the scene and talk to the other driver(s) involved in the collision.
Right after a collision, it’s common for the at-fault driver to make admissions as to their fault or liability, and they may even express guilt and apologize for causing the wreck. Once they talk to a lawyer or their insurance company, they won’t be as candid and will go on the defensive and shut up, being worried about liability, insurance rates, and a lawsuit.
For this reason, it is ideal to immediately video record everything at the scene of the wreck, including the injuries you’ve sustained and any statements made by the other driver or witnesses. If you don’t have the ability to video then at least try to take photographs , most people carry a smart video with a camera. Otherwise, you certainly want to get the contact information (e.g., name, phone number, email, address) for any witnesses who observed the collision.
If I Was Partially At Fault For The Collision That Caused My Injuries, How Will That Impact My Personal Injury Case In Georgia?
In Georgia, there is a modified contributory negligence rule. This means that if you are 50 percent or more at fault for a wreck, then you cannot recover at all. If the other driver is more than 50 percent at fault—even if just by 0.00001 percent—then you would be able to recover, but your damages would be reduced by your percentage of fault.
For example, if you are involved in a collision with another driver and a jury or judge finds the other driver to be 60 percent at fault and you to be 40 percent at fault, then the award would be reduced by 40 percent. This means that if the jury awarded you one million dollars for your damages, you would receive 60 percent of that amount, which is $600,000.
What Is The Statute Of Limitations Or Time Limit For Filing A Personal Injury Claim In Georgia?
The statute of limitations in Georgia for filing a personal injury claim is two years. The only exception to that rule is if a county or a city government entity that caused the collision or the injuries, in which case you would have to provide what’s called an ante-litem notice. In this notice, you would state your claim, what duty the government entity breached, your damages, and how much recovery and damages you’re seeking. This notice would have to be given within six months for a city, and one year for a county.
There is a statutory basis for tolling the statute of limitations when the plaintiff is under 21 years of age, disabled, for fraud but in general, the statute of limitations for a personal injury claim in Georgia is two years.
For more information on Personal Injury In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (770) 961-5511 today.