Negligence Lawsuits in Georgia

May 24, 2021 | General Tips

If you are an accident victim due to circumstances that could have been avoided, you may want to file a negligence lawsuit. 

If you are injured in an accident that’s caused by another person, you are entitled to file a negligence claim to compensate for whatever damages you endure. Negligence lawsuits comprise of four individual phases that must be established for you to obtain compensation. These phases are duty, breach of duty, causation, and injury. If you are considering filing a negligence lawsuit against another party, call Fast Help to speak with one of our Atlanta accident injury attorneys to learn more about your options. 

The legal definition of negligence

An accident victim can file a negligence claim when they are injured as a result of another person’s actions. Even more accurate is that the circumstances leading or the accident could have been avoided or corrected. Common lawsuits connected to this concept include

Georgia’s negligence laws highlight two specific requirements that need to be met for accident victims to obtain compensation for their damages. The first is that the property owner or manager was aware of the present danger or hazard. The second is that the accident victim used “ordinary care” on the property to maintain their safety, yet “lacked knowledge of the hazard” due to the behavior or actions of the property owner or manager. 

An accident victim is entitled to compensation if the defendant was aware of a threat and didn’t do enough to resolve or rectify the issue, or if they did not provide enough notice that a threat existed. For the accident victim, they must prove that they were behaving in a way that is viewed as reasonable and responsible.  

What the concept of “fault” means in Georgia

Many accident victims are nervous about pursuing legal action out of concern that they may have been partially responsible for the situation. Fortunately, Georgia is a modified comparative fault state. The state maintains that an individual may obtain compensation in a lawsuit so long as they are not more than halfway responsible for the accident. thaiphoon burner download

The concept of “fault” also influences how compensation is configured. Your total compensation can be reduced by your percentage of responsibility or fault. For example, if the damages connected to your accident total $100,000 but you are responsible for 25% of the accident, you are only eligible to receive $75,000. 

Statute of limitations for negligence claims in Georgia

Your right to collect damages in a personal injury claim is based on your ability to file a claim in a timely manner. If an accident victim tries to create a lawsuit after the time limit has expired, the potential to obtain compensation will be missed and the case will be dismissed. 

Georgia Statute of Limitations - Personal Injury Claim

If you are injured in an accident and believe you’re entitled to compensation, call Fast Help to speak with an experienced attorney for free. We can help you kick-start the complaint process, guide you through the entire legal process and set you up for maximum rewards. Call our Atlanta accident hotline after an accident – just dial (404) 592-0318.

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