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Notice For: Anyone who has been injured in an accident.
Personal injury matters
Every person has a duty to act reasonably and not put others in harm’s way by behaving in a manner that is negligent or reckless given the circumstances they are in. When someone does not meet that obligation and their actions cause a physical or emotional injury to another, the victim may be entitled to financial compensation for the harm they suffered.
The most serious injuries – such as traumatic brain damage, the loss of a limb, or severe disfigurement – demand the most significant compensation because they can result in intense and lasting pain and a reduced quality of life.
Common types of personal injury cases
- Defective consumer and industrial products (household products, machinery)
- Defective medical products (medical devices, medicines)
- Food poisoning
- Gun injuries
- Medical malpractice (birth injuries, missed diagnoses)
- Public transportation incidents
- Slip and fall accidents
- Sports concussions
- Theme park accidents
- Toxic exposure (environmental contaminants)
- Traffic accidents (cars, trucks, motorcycles)
- Workplace injuries
Statute of limitations
Every state has laws limiting how long an injured party can wait before filing a claim alleging a personal injury and requesting compensation.
In Georgia, the statute of limitations for most personal injury claims is two years from the date that the injury occurred.
Workplace Injuries, Traffic Accidents, and Animal Attacks
Workplace Injuries
Any injury that occurred at work during an employee’s duties will likely be covered by the employer’s compensation insurance regardless of who was at fault for the event.
However, if a third party that was not directly associated with the employer contributed to the injury, a claim can potentially be made against them.
Traffic Accidents
The Georgia legal system understands that in some car accidents, no party is completely at fault. In multi-car pileups, it can be particularly challenging to figure out exactly which cars behaved in a negligent or reckless manner.
That is why Georgia uses a standard called “modified comparative negligence,” which means that once a determination has been made as to who was at fault and to what degree, the damages are adjusted accordingly. So, if a driver was involved in an accident and found to be 20% at fault but won a judgment of $100,000, their total payment would be reduced by 20% to $80,000.
If a driver’s share of fault for an accident meets or exceeds 50%, they will not be able to recover anything under Georgia’s modified comparative negligence rule.
Animal Attacks
In many states, dog owners are protected from injury liability for the first time their dog injures someone if they had no reason to believe the dog was dangerous. This is often called a “one-bite” rule.
In Georgia, however, a specific statute makes anyone “who owns or keeps a vicious or dangerous animal” liable if they allow the animal to run free and injure someone.
Compensation
After successfully settling their case or receiving an award in the form of a judgment, the injured party can be compensated for their suffering, including through ongoing payments for lifetime medical care if it is needed and payments to offset a reduction in their earning capacity caused by the injury.
The same “modified comparative negligence” rule that applies in Georgia car accident cases also applies to other personal injury cases. This means that the amount of compensation the injured party is entitled to will be reduced by an amount that is equal to their percentage of fault.
Get the Legal Guidance You Need to Recover From Your Injury
An experienced personal injury lawyer in Georgia can protect your rights to a settlement and ensure you receive the maximum possible compensation for any medical expenses, lost wages, loss of life enjoyment, loss of earning capacity, and potentially replacement or repair of damaged property.
The legal experts at Pond Lehocky Giordano will evaluate your case, consider all potential claims, identify possible defendants, and investigate the material facts surrounding the injurious event, including physical evidence, public records, witnesses, and expert testimony.
Most importantly, we will support you against insurance companies, opposing legal counsel, and in courtrooms – negotiating and advocating on your behalf to protect your rights and maximize your compensation.