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Georgia
Personal Injury Law
The following summary of Georgia personal injury laws and case
overviews will help you understand important aspects of injury claims
in this state.
Georgia Statute of Limitations:
Personal
Injury: For general personal injury, the statute of
limitations is 2 years and 4 years for loss of consortium claims.
Medical
Malpractice: 2 years for medical malpractice, 1 year for
discovery of a foreign object up to a 5 year maximum for all med mal
claims.
Product
Liability: 2 years.
Caps on Personal Injury Awards in Georgia:
There is a personal injury cap of $250,000 for punitive damages.
Georgia Serious Injury Threshold:
There is no monetary threshold in the state of Georgia.
Georgia is a
fault state and follows the modified comparative fault-50%
theory. Therefore, if a plaintiff is less than 50% at fault, he or she
will still be able to recover.
Personal Injury Cases & Theories of
Liability Georgia:
Medical Malpractice Claims:
These occur when a doctor or medical professional does not do thier job
to an accepted professional standard. If it can be shown that other
professionals would have made similar decisions, the case will be very
difficult to prove.
Wrongful
Death Case: When a victim dies due to the negligence of
another, regardless of age, the negligent party will be liable to their
estate provided the decedent is less than 50% at fault.
Slip and
Fall Accident: These accidents typically occur in
establishments that are open to the public. They occur because of
dangerous conditions that are either not fixed or repaired or that are
left unnoticed by property owners for want of reasonable inspections.
In each scenario, the property owner is liable to the injured party for
their damages.
Auto
Accident Claim: Each driver owes those on the road as well as
pedestrians the duty to operate a motor vehicle in a safe manner. When
they do not they can be responsible for the damages to the plaintiff
unless the plaintiff is also at fault. If the plaintiff is more than
50% at fault, it will be a bar to recovery.
Product
Liability Lawsuit: Consumers assume that products are safe
when they purchase, use and consume them. If however, a consumer is
injured as a result of a defective product, manufacturers, designers
and distributers can all be held strictly liable.
Workers'
Compensation Law: Georgia requires all employers to carry
valid workers compensation insurance in the event that employees are
injured in the scope of employment. This insurance will cover such
things as medical expenses and settlements.
For More
Information Check out these sites:
Georgia
State Government Website
Georgia
State Bar Association
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