The Most Common Types of Personal Injury Cases in Georgia
Understanding personal injury cases in Georgia can be complicated. Here’s what to know about common types of personal injury cases in Georgia.
The most common types of personal injury cases in Georgia are auto accidents, workplace accidents, medical malpractice, product liability, and dog bites. In all these cases, the plaintiff must show that another individual was responsible for their injury.
What is a personal injury lawsuit?
Personal injury cases are legal disputes that occur when one individual suffers harm from an accident or injury because of someone else.
Examples of personal injury cases include slip and falls due to slipping on ice, broken bones from a car accident, and the loss of limbs at work due to defective machinery. Personal injuries include all types of injury to a person’s body, emotions, or reputation.
Accidents involving cars are among the leading causes of injury and death in the United States. To receive personal injury compensation in Georgia, the plaintiff must prove the driver was negligent, or at fault for the plaintiff’s injury. Negligence includes actions such as drunk driving, not checking rear-view mirrors, or failing to obey traffic laws.
While workers compensation covers many workplace accidents, the injured party may have a personal injury case if the individual’s injury was the result of intentional employer misconduct. These claims require the employer to have had knowledge of dangerous workplace conditions that could cause injury. These claims focus on the employer’s knowledge of the degree of risk involved in the workplace.
Medical malpractice cases arise from a negligent action and require proof of malpractice. Proof of malpractice requires evidence of the recognized standard of practice in the specific medical field and evidence the physician or doctor deviated from this standard.
Product liability claims center on a failure to take care in the production or application of a product.
Related: Georgia Personal Injury FAQs
If a dog bites an individual, the owner, keeper, or harborer of the dog is liable for any injury, death, or loss to person or property caused by the dog unless the injured person was committing a related criminal act. For example, the owner of a dog is not liable for injury caused by the dog to an unlawful trespasser. Additionally, the owner of a dog is not liable if the injured person was provoking or tormenting the dog.
FAQs about Personal Injury Cases in Georgia
What is liability?
Liability means legal responsibility.
Do I need to hire an attorney for personal injury cases?
Hiring an attorney is extremely helpful if you are seeking compensation for a personal injury case.
Are there damage caps in a Georgia personal injury lawsuit?
There are no limitations on the amount of financial compensation an individual can receive in general for a personal injury lawsuit.
Exceptions include a damage cap of $350,000 against a single medical facility or $700,000 against multiple medical facilities. There is a damage cap of $250,000 for punitive damages.