Who Is Liable For Personal Injury In The State Of Georgia?
Personal injury cases are some of the most common court cases in the United States. However, only up to 5% of American personal injury cases go to trial with the assistance of a personal injury lawyer. One of the first things discussed in a personal injury case is which party is liable for the sustained injuries of the client. Typically, the injured party will have the personal injury legal team representing them investigate the case for potential liability.
However, while the personal injury legal team can investigate to argue on behalf of the injured party, who is determined liable is greatly influenced by the personal injury law of the state. Each state has different laws regarding personal injury. For this reason, it’s important for you to know your state’s laws and how they may differ from other states.
Liability across Georgia
There are various types of personal injury cases caused by a variety of incidents. These incidents include wrongful death, negligence, defamation, assault, etc. The state of Georgia determines who is liable for damages based on these types of incidents.
Wrongful death
According to Georgia law, the person who was responsible for the incident that caused the wrongful death is liable for that death. Therefore, a court case is often needed in order to legally determine the person responsible for the incident such as a car accident.
Negligence
The state of Georgia uses a modified comparative negligence doctrine in order to determine who is liable for negligence. If the victim of personal injury is considered to be less than 50% at fault for the damages, they’re able to recover damages from the responsible party. However, if the victim of personal injury is found to be at fault for more than 50% of damages, then the responsible party need only cover the damages they were directly responsible for.
Defamation
The person held liable for personal injury in the case of defamation is the writer or speaker who expressed the original negative words or statement. Additionally, the persons who repeat the statement are also held liable for personal injury.
Assault
In the case of assault and battery, the person who delivered the injuries to the victim is liable for the crime.
Be aware of limitations
A party can only be held liable for personal injury if the injured party has filed a lawsuit within a specific time frame. According to the Discovery Rule, the statute of limitations begins when the person who sustained the injury becomes aware of their injury. However, in Georgia, it’s important to know the limitations so that you can properly file for personal injury with the help of your personal injury legal team.
In Georgia, the limitations are as follows:
- Wrongful death: Two years with the potential of four in certain circumstances.
- Negligence (including a car accident claim): Two years.
- Defamation: One year.
- Assault: Two years.
Personal injury cases may differ from state to state. This includes who may be considered liable for damages as well as the time limits for filing against potentially liable parties. In the state of Georgia, who is considered liable for the injury sustained by the victim determines whether or not that victim can receive compensation for the damages sustained.
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