Who Is Liable For Personal Injury In The State Of Georgia?

personal injury legal teamPersonal 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.

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.

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.

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.

Living Wills Why We Need To Consider Them

Texas legal protection

It can be difficult to seek out legal advice under any circumstances. Legal help is not something that a lot of want to think we’ll need — because most Americans associate needing legal assistance with being in some kind of trouble. In some cases, however, you will need some kind of legal protection or help ensuring that your plans are followed the way you want them to be. In that case, getting the assistance you need may be easier than you’d think — in fact, you can learn a lot simply from checking out a lawyer’s website. According to the American Bar Association, a little over half of solo practice lawyers and four out of five lawyers in offices with two nine lawyers have websites. With 44% of people saying that they would be likely to check out a lawyer’s website, some attorneys even answer questions on their websites. After all, 49% of poll respondents indicated that they would be more likely to check out the websites of attorneys who answer questions posted by consumers. It’s likely that you can have some early questions answered through an attorney’s website, and get more help from that attorney down the road. Now, let’s look into why you’re seeking an attorney. Many Americans find themselves today considering living wills. Living wills are confusing to some and scary to others. But there are many misconceptions about living wills, and the more you know about this kind of legal action, the less frightening and more logical it will be.

What Is A Living Will?

When people think about a living will, the often think about death. So it’s natural that some would be scared of the subject, and reluctant to make a living will or even discuss it. So, what is a living will anyway? A living will is a type of advanced directive for medical decisions. While all living wills are advanced directives, not all advanced directives are living wills. Essentially, a living will covers what will happen if you are unable to make medical decisions for yourself. They will guide the choices and decisions of your doctors and caretakers if you’re terminally ill, in a coma, in the late stages of dementia or otherwise incapacitated. Many different things can be covered in a living will, depending on the medical issue at hand. Essentially, a living will eliminates any question of what you want done should you be medically unable to make decisions for yourself.

What Should I Consider In My Living Will?

For some, it is easy to know what to consider in a living will. This is because they already know about the types of medical issues they are dealing with, and have perhaps discussed them with their doctor. However, anyone is a candidate for a living will, no matter how young and healthy — a medical crisis can happen unexpectedly. With that being said, you may want to consider whether or not you want to be resuscitated — that is, whether or not you want your heart restarted if it stops. You should also consider mechanical ventilation, which will keep you breathing artificially should your lungs be unable to handle it. Tube feeding is another issue, as it provides the body with nutrients intravenously or through a stomach tube. Think about if or how long you would want to be kept alive in this manner. Even issues like comfort care can be covered in living will, as can organ donation.

Why Should I Have A Living Will?

It’s very possible that, should your living will ever be used, you will not be conscious for it. So why have one? A living will reduces stress on your loved ones. Families have been known to fight, for example, about how long to keep a person on a ventilator. The decision to take a person off of some kind of life support is a difficult one. A living will makes that decision for them so that your loved ones don’t have any guilt, and your wishes are respected.