Personal injury litigation is subject to different regulations in every state. To bring a case in Georgia it is very important that you consult an experienced Georgia personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Georgia can arise from negligence or intentional wrongdoing.
In Georgia you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Georgia follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover damages from a defendant who was less at fault than they were for the injury
Georgia personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the portion of the damages equal to their portion of the fault in the case. Under Georgia law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
In medical cases individual healthcare workers can be held liable for no more than $350,000 in non economic damages.
Georgia law limits punitive damages to $250,000 except in product liability lawsuits.
In Georgia you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Georgia you need the counsel of a personal injury attorney who understands the nuances of Georgia law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.