What Are the Different Types of Personal Injury Claims in Georgia?
One of the most common legal actions undertaken by citizens in the US each year is related to personal injury. That is mainly because the law allows you to file a personal injury claim or lawsuit if you feel that you have been hurt or injured due to the negligence of a third party or entity.
Most of the time, personal injury claims are handled outside the court. This saves significant time and money for all parties involved. If you have a good lawyer and if your claim is based on solid evidence, the matter can be easily resolved. However, if you can’t reach a settlement with the negligent party, you can file a personal injury lawsuit and claim compensation. If your claim is small as in between $2,000 to $15,000, the matter can typically be handled in small claims court. If your losses are much higher and if the party responsible for those losses is unwilling to take responsibility, you should consult a personal injury lawyer immediately.
Keep in mind that in Atlanta, GA, there is a statute of limitations within which you must file your claim. You have two years if your claim is against a person(s). If your injury claim is against a county or city, then you have six months to file your claim. If your claim is against the State of Georgia, you have to two years to file your claim.
In other states, there is usually a cap on damages but in Atlanta, GA, there is no minimum or maximum as far as damages are concerned for the injured parties. But Georgia is not a no-fault state so any personal injury claim has to have sufficient proof before it can be approved.
There are several types of personal injury claims some of which include:
Personal Injuries Due to Road Accidents
The most common type of personal injury claims are related to road accidents. These could include accidents involving cars, motorcycles and/or pedestrians. Road accidents can be quite traumatic especially if the injuries sustained are of a severe nature. In addition, road accidents result in the involvement of too many parties – you, your insurance company, the other driver, their insurance company and so on. If passengers and pedestrians are involved, and if the collision occurred between more than two vehicles, things get even more complicated. In any case, every Georgian has the right to file a personal injury claim in case of such an accident.
Personal Injuries Due to Assault or Abuse
If you have suffered injuries due to physical violence or assault or if you have been injured in a robbery or during any other criminal activity, you can file a personal injury claim. This claim also includes any form of abuse related to domestic violence, bar fight, assault or neglect.
Personal Injuries Due to Malpractice
This is also common, especially in the field of medicine. If you feel that you have incurred personal injury due to the professional negligence of another party, you can file a personal injury claim. This could include action against hospitals, therapists, dentists, chiropractors, and veterinarians. Malpractice lawsuits are not restricted to medical professionals; they can also be against other professionals such as accountants, engineers, architects, etc. Sometimes groups or organizations can be held liable for personal injury damages, but you do need to have sufficient evidence to substantiate your claim.
Claims Related to Wrongful Death
This claim is generally filed by family members of a deceased victim against the party whom they deem primarily responsible for the death. This personal injury claim can be filed against individuals, businesses, organizations and government agencies. As long as the family members can prove that the death was the result of negligence, recklessness or intent on the part of the accused in question, they can claim damages for medical and funeral expenses, loss of earnings, loss of inheritance (if applicable), loss of care (if applicable) and loss of goods and services.
There are other types of personal injury claims such as those due to alcohol-related injuries, gun accidents, discrimination, etc. The important thing to note here is that filing a claim and actually getting compensated are two different things. Most people are not aware of the time-frame within which such claims should be filed and the documents that need to be filed. In addition, the process of out-of-court negotiation can be quite challenging and requires expertise and skills which only a qualified lawyer can provide.
Remember, when you file a personal injury claim, the other party will also put up a fight. This is especially true in the case of car accidents. In most of these cases, the insurance company tries to pass on the blame to you. If they are unable to do so, they will still try to establish that their client was not responsible. Their goal is to minimize the damages that will have to be paid, and they will use every loophole to achieve that.
Consult with a Georgia Personal Injury Attorney Today
If you have been in an accident or an incident that has resulted in an injury and if you want to file a personal injury claim, you should contact one of our lawyers at Ted A. Greve & Associates. Our lawyers have dealt with numerous personal injury claims and have expertise in out-of-court settlements as well as personal injury lawsuits. If you feel that your claim has merit, we can help you get the compensation you deserve.
Whether it’s an injury due to a car accident or a work-related injury or a case of medical malpractice or wrongful death, our team of lawyers can assist you in determining the strength of your claim and how much damages you can seek. Call us now at 844-409-0999 to schedule a free consultation. You can also contact an Atlanta personal injury lawyer and tell us about your personal injury related issue. One of our associates will contact you shortly to discuss the matter further.