This page will look at Georgia personal injury lawsuits and how much they are worth. We will provide a general overview of some key aspects of Georgia tort law, including the types of damages plaintiffs can get under Georgia law and how long they can wait to file. We will also look at the average settlement value of Georgia personal injury lawsuits.
Under Georgia law, anyone who is physically injured by the negligent or reckless conduct of another person or entity is entitled to hold that person financially responsible for the “damages” caused by the injuries. Damages are intended to make the plaintiff whole by restoring them to the position they were in before the injuries. In Georgia, personal injury plaintiffs are entitled to 3 different categories of damages:
Many states have enacted laws imposing caps on the maximum amount of damages that plaintiffs can be awarded in personal injury lawsuits. Georgia does not impose any damage cap for personal injury cases involving auto accidents, premises liability, products, and other types of injuries.
Personal Injury Lawsuit Time Limits: The Statute Of Limitations In Georgia
That law (GA Code §51-13-1), limits the amount of pain & suffering damages a plaintiff can get in a medical malpractice case to $350, 000 from an individual defendant.
In Atlanta Oculoplastic Surgery v. Nestlehutt, 691 S.E.2d 218 (Ga. 2010), the Georgia Supreme Court refused to apply the statutory damage cap on the grounds that the law violated Georgia’s state constitution. The damage cap law remains on the books in the Georgia Code, although its validity is doubtful in light of the
All states have statutes of limitations laws that set time limits on how long a plaintiff can wait to file a lawsuit. In Georgia, the statute of limitations for filing a personal injury lawsuit is 2-years from the date that the claim “accrues.” GA Code § 9-3-33 If prospective plaintiffs in Georgia don’t file their injury lawsuit within the 2-year limitation period, they will be permanently barred from filing suit.
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Georgia follows the “discovery rule” for purposes of determining when a “claim accrues” and the 2-year limitations period begins. Under this doctrine, a claim accrues when the plaintiff knows or reasonably should known that they potentially have a legal claim against the defendant.
In auto accident cases, the claim accrues on the date of the accident because any reasonable person should understand that they have a claim against an at-fault driver. In malpractice cases, however, the date when the claim accrues can be much more complicated.
The potential value of a Georgia personal injury lawsuit in a settlement or trial depends on a number of different factors, but the most important factor is the severity level of the plaintiff’s physical injuries. Cases involving more serious, permanent injuries have a higher settlement value. The chart below shows average settlement values for Georgia personal injury cases based on injury level.
Georgia Personal Injury Verdicts And Settlements — Lawsuit Information Center
There are several other factors that have a significant impact on the potential value of an injury case in Georgia. The type of personal injury case (e.g., auto accident vs. medical malpractice) often makes a big difference, in part because of the amount of available insurance to cover any damages.
In many auto accident cases, for example, the value of a case is limited to $150, 000 – $200, 000 (or even less) because that is the maximum policy limit for auto insurance policies.
Another major factor driving the value of Georgia personal injury cases is what jurisdiction the case is in. Georgia is a state with a very broad range of socio-economic demographics. If you have a personal injury case in Atlanta or DeKalb county it is going to have a much higher value because juries in these locations are more plaintiff-friendly compared to juries in rural parts of the county.A statute of limitations is a crucial time frame within which individuals must file their legal claims. This legal time limit is enforced in all states, including Georgia. If you or your loved one has suffered an injury, it’s essential to seek legal assistance as soon as possible. Failing to act within the statute of limitations period can result in the inability to file a lawsuit, which may prevent you from receiving compensation for lost wages, medical expenses, and pain and suffering.
Georgia Car Accident Settlements: How Much Could You Receive?
It’s important to note that Georgia’s Statutes of Limitation vary depending on the type of claim you’re making. Therefore, we strongly recommend that you consult with our or another law firm immediately, as there are exceptions to these general statements. By seeking legal help early on, you can ensure that you’re fully aware of the statute of limitations that applies to your situation and can take the necessary steps to protect your legal rights.
In instances where a wrongful death lawsuit can be pursued. In the state of Georgia, the typical timeframe to initiate such a claim is within two years from the date your loved one passed away.
You can bring apersonal injuryaction in Georgia if you have been injured at the hands of another person or company.Injuries stemming fromcar accidents, truck accidents, motorcycle accidents, dog bites, and slip and falls are commonpersonal injury actions. You must usually file your claim within two years from when your injury occurred.
Georgia's Statute Of Limitations For Personal Injury
In the Official Code of Georgia Annotated (OCGA), the statute of limitations for personal injury cases can be found under Title 9, which covers Civil Practice. Specifically, refer to OCGA § 9-3-33, which states:
“Actions for injuries to the person shall be brought within two years after the right of action accrues, except for injuries to the reputation, which shall be brought within one year after the right of action accrues, and except for actions for injuries to the person involving loss of consortium, which shall be brought within four years after the right of action accrues.”
This code section establishes that personal injury actions generally must be brought within two years from the date the cause of action accrues.
Filing A Ga Wrongful Death Case
Medical malpractice occurs when a medical professional causes you injury because he or she was negligent, this is known as medical negligence. Generally, in Georgia you have to file your claim within two years of the date of the incident that caused your injury. In some rare Georgia cases, you may have up to five years from the date of the action to bring your claim.
In the Official Code of Georgia Annotated (OCGA), the statute of limitations for medical malpractice actions can be found under Title 9, which covers Civil Practice. Specifically, refer to OCGA § 9-3-71, which states:
“(a) Except as otherwise provided in this article, an action for medical malpractice shall be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred.
Georgia Personal Injury Guidebook: 3 Mistakes That Can Ruin Your Georgia Personal Injury Claim: Case, Mr. Kelly W.: 9781539394624: Amazon.com: Books
(b) Notwithstanding subsection (a) of this Code section, in no event may an action for medical malpractice be brought more than five years after the date on which the negligent or wrongful act or omission occurred.”
This code section establishes that medical malpractice actions generally must be brought within two years from the date the injury or death occurred, but there’s an ultimate deadline of five years from the date of the negligent or wrongful act or omission, regardless of when the injury was discovered.
If a surgical sponge or tool is left in your body, you have a cause of action.The limitation period for most cases of this type in Georgia is one year from the time the negligent act was discovered.
Personal Injury Demand Letters To Settle Claims
If you are injured by a product that was either had a design defect or a manufacturing defect, you may have a claim known as a products liability case, and you may be able to recover money for your injury.In Georgia most products liability cases must be filed within two years of the date of your injury, but there is also a ten year limitation period following the date of manufacture known as a statute of repose.
In the Official Code of Georgia Annotated (OCGA), the statute of limitations for products liability cases is covered under Title 9, which pertains to Civil Practice. Specifically, refer to OCGA § 9-3-33, which states:
Although this code section doesn’t explicitly mention products liability cases, it generally governs personal injury actions, including those arising from defective or dangerous products. Consequently, products liability cases in Georgia typically have a two-year statute of limitations from the date the cause of action accrues.
Step By Step Guide To Filing A Personal Injury Lawsuit In Georgia
In most cases involving an injury to a minor (other than wrongful death or medical malpractice), the statute of limitations doesn’t start to run until a minor turns 18 years of age.
Georgia’s special statute of limitation rules for minors are designed to protect their legal rights when they are too young to take legal action themselves. These rules can be found in the Official Code of Georgia Annotated (OCGA) under Title 9, which covers Civil Practice.
“Minors and persons who are legally incompetent because of mental retardation or mental illness, who are such when the cause of action accrues, shall be entitled to the same time after their disability is removed to bring an action as is prescribed for other persons.”
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This provision essentially “tolls” or
