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How Does Georgia Law Affect Personal Injury Claims?

Accidents are unpredictable and often leave victims helpless and confused. In Georgia, you can seek compensation if you are not responsible for an accident that injured you. It can, however, be challenging to deal with the tiresome legal process of filing lawsuits, especially while injured and hospitalized. It is, therefore, vital that you seek legal aid from professionals in your area. For instance, if you get into an accident in the Mableton area, contact a personal injury lawyer in Mableton, GA, to help you navigate the legal process and get a settlement.

Georgia’s Statute of Limitation

This law sets deadlines for taking legal action. The statute of limitation for personal injury lawsuits in Georgia is two years. Therefore, if you are injured and need compensation, you should file a lawsuit within two years of the accident/injury. 

However, there are instances where the statute of limitation can exceed two years. An example of such a case is when one discovers an injury caused by medical malpractice at a later date. Some injuries are not easily detected and may be noticed after some time. In such a case, the two-year duration will begin on the day of the discovery. You should, however, ensure that you file the lawsuit within five years from the day of the medical malpractice.

 Comparative Fault Laws

Georgia applies the modified comparative rule when dealing with personal injury. This rule involves eliminating or reducing damages to be issued to an injured person if they are partly to blame for the accident. According to this rule, an injured individual cannot file a personal injury lawsuit or seek compensation if they are 50 percent or more at fault for the injury. If you are less than 50 percent at fault for the accident, the damages will be reduced. 

Georgia’s Damage Caps in Personal Injury Cases

Like many other states, Georgia limits the number of damages injured people can receive, especially in non-economic damages. These caps do not apply to economic damages. However, an injured person should seek a reasonable amount as compensation, including any future losses that may occur.

You can also receive punitive damages in Georgia. These damages are limited to 250,000 dollars, but there are exceptions like DUI cases and product liability. Also, the state gets part of the punitive damages.

Dog Bites Cases in Georgia

Unlike most states, Georgia does not utilize the one-bite rule in dog attack cases. Dog owners are, therefore, held accountable when their dogs attack people, regardless of the dog’s past behavior. 

Types of Personal Injury Claims in Georgia

  • Truck accidents. Accidents between big trucks and small cars are often fatal, especially to the driver in the car. Seeking compensation from commercial trucks is a complex process. 
  • Bicycle accidents. If you are an injured cyclist in Mableton, Georgia, you are entitled to compensation for an accident caused by a reckless driver. Georgia has rights and responsibilities that protect cyclists and motorists.
  • Workplace Injuries. Workplace injuries have increased over the years, especially among manual workers in Georgia. You could get compensated for workplace injuries, mainly if they resulted from your employer’s or an employee’s negligence.
  • Motorcycle accidents. Motorcycle accidents can be fatal and result in severe injuries. Such accidents are, however, often overlooked due to society’s unfair bias against motorcyclists. 
  • Car accidents. Vehicular accidents and collisions from bad drivers in common on Georgia roads. The cost for such collisions can be high, from repair costs to hospital bills. 
  • Wrongful death claims. In Georgia, you may get compensation after the death of a loved one to cover funeral costs and medical expenses.


If you reside in Georgia, you need to understand the personal injury laws in the state and research the best lawyers who handle such cases. This information will be helpful in case you or your loved ones get into an accident or get injured.

Featured Photo by Mikhail Nilov: