Types of Personal Injury Claims In Georgia: Understanding Liability

April 28, 2017 | Accident Tips

Types of Personal Injury Claims In Georgia: Understanding Liability | Fast HelpLaws that dictate liability in personal injury cases vary by state.

If you are injured in Atlanta, it’s important to understand how the State of Georgia approaches such cases, as well as what needs to happen to determine liability.

Atlanta Personal Injury Cases

Contact our Atlanta personal injury attorneys right away if you experience an accident that causes you harm.

Our team can ensure that you receive the greatest possible compensation for your damages, as well as help you navigate through the state’s legal system.


The person or company determined by the court to have been negligent at the time of the incident is considered to be liable for compensation.

Georgia uses a particular two-part system to help assign liability. These parts include:

  1. A person or company may receive compensation if they are less than 50 percent at fault
  2. If the injured person is also considered to be negligent, the original negligent party is only responsible for their individual portion of the damages

Assault or Battery (Intentional Torts)

The person who intentionally caused the other harm is considered liable.

Strict Liability

The person or company responsible for performing or initiating in the dangerous activity – or who has, in some way, supported the process that helped place the product on the market – is liable.

Damages You Are Entitled to Under Georgia State Law

  • Reimbursement for medical treatment and lost wages
  • Reimbursement for damage to or loss of use of property that occurred as a result of the injury
  • Loss of consortium (loss of services of your spouse: income, companionship, child care, etc.)
  • Money for emotional distress and/or pain and suffering
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  • Injury to reputation
  • Punitive damages (money given as punishment)
  • Limitations on Damages

There are no limitations on the amount of compensation you are entitled to receive to cover your medical bills and missed time at work, although some restrictions do factor into a few particular cases.

To support your case, you will need to provide the court with a reasonable estimation of damages, especially if you are requesting compensation for future expenses e.g. ongoing medical treatment, disability.

Non-Economic Damages

If you are requesting non-economic damages, these are considered to be subjective under state law and can be limited by statute or other reasons. This particular type of compensation often relates to lost services or companionship of a spouse.

Punitive damages can be offered if the courts determine that the behavior of the person that harmed the victim was acting maliciously or oppressively.

Under Georgia State Law, punitive damages can not exceed $250,000, except for accident cases that involve excessive amounts of alcohol or drug use.

Contact Atlanta’s Most Experienced Personal Injury Attorneys Today

If you are hurt at work, in a car accident, or simply while running errands throughout Atlanta, contact the personal injury attorneys at Fast Help.

Our accident helpline can connect you with an experienced attorney who has knows how to present successful personal injury cases to courts throughout the greater Atlanta region.

Call us today at (404) 592-0318.

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