Someone who got a personal injury as a result of another’s negligence or intentional actions may be entitled to financial compensation from the responsible party. Injured parties may be able to recover various types of damages depending on the circumstances of the case, including compensation for:
- Loss of income
- Medical expenses
- Rehabilitation/physical therapy
- Pain and suffering
- Other losses
Personal Injuries Claims and Negligence
Negligence is the most common basis for personal injury claims. To establish negligence, the plaintiff must show that the:
- Defendant owed the plaintiff a duty of care
- Defendant breached that duty
- Plaintiff was injured as a result
- Plaintiff has provable damages
Georgia Comparative Fault Laws
If the plaintiff proves negligence, the plaintiff may be entitled to receive compensation. Georgia follows a “modified comparative negligence” law. The plaintiff may only be eligible for compensation if he or she is 49% or less responsible for damages claimed. If the courts find the plaintiff 50% or more at fault, he or she will lose the right to any recovery.
Personal injury laws vary by state; therefore it is advisable to contact a personal injury lawyer in your area to discuss your legal options. Per the Georgia statute of limitations, personal injury cases must be filed within two years from the date of the injury. If you were injured in Georgia due to someone else’s negligence, contact the experienced legal team at Nicely Law Group.