If you or a loved one has been hurt in an accident that was someone else’s fault, you may be entitled to damages, or compensation for your injuries and losses. Under Georgia personal injury law, for your case to be successful, you and your Savannah personal injury lawyer must demonstrate:
- The person or business that caused your accident (known as the defendant) owed you a duty of care, or had a legal responsibility to try to keep from injuring you
- The defendant violated that duty of care
- You were consequently injured and suffered losses as a result of your accident and injuries
Damages in a Savannah Personal Injury Lawsuit
If your case is successful, you’ll be entitled to damages. This is intended to compensate you for:
- Medical expenses related to your accident
- The repair or replacement of any property (such as clothing) that was damaged or destroyed in the accident
- Lost wages
- Pain and suffering
- Other expenses
Georgia courts use what is known as a modified comparative fault rule when calculating damages. Essentially, any money you’re awarded is reduced in direct proportion to your share of responsibility in the accident. Imagine, for example, you were in a car crash and the other driver was intoxicated, but you were speeding and weren’t wearing a seatbelt. The court might determine that the other driver bore 75 percent of the responsibility for your accident and you were 25 percent at fault. If your damages totalled $100,000, that amount would be reduced by 25 percent and the other driver would only owe you $75,000.
Statute of Limitations in Georgia Personal Injury Cases
You have a finite period of time to file a lawsuit, and this time period is known as the statute of limitations. Under Georgia law, you have two years from the date of your injury to file a lawsuit against the responsible party. However, if the defendant is a city government or a county government, the statute of limitations is reduced to six months. Because lawsuits take time to prepare and file, it’s critical to hire a Georgia personal injury attorney as soon as possible after your accident.
Types of Personal Injury Lawsuits
Personal injury is a broad category of the law that covers many types of accidents and injuries. These include:
- Automobile accidents
- Motorcycle accidents
- Boating accidents
- Trucking accidents
- Slip and fall accidents, also known as premises liability
- Nursing home neglect and abuse
- Injuries caused by defective products
- Dog bites
- Medical malpractice
- Birth injuries
