Georgia is a fault-based state for personal injury cases. If another party causes an accident or injury, Georgia’s tort laws help accident victims hold the at-fault parties liable for economic and non-economic damages.
Personal injury cases can be based on three different legal theories: intentional torts, negligence, and strict liability.
Personal Injury Claims vs. Personal Injury Lawsuits in Georgia
Examples of accidents and incidents that can result in a personal injury case include motor vehicle accidents, nursing home abuse, workplace accidents, slip and fall accidents, medical malpractice, and defective products. Personal injury lawsuits typically start as personal injury claims. In most cases, these claims are settled before they reach trial.
What Is a Personal Injury Claim in Atlanta, GA?
A claim is made up of alleged facts that give a person a cause of action that can be tried in court. A personal injury claim alleges that another party caused your injuries. For instance, suppose that a negligent property owner failed to maintain their property, and you slipped an fell. You may have a cause of action against them for premises liability.
Examples of personal injury claims include, but are not limited to:
- Car accidents
- Motorcycle accidents
- Slip and fall accidents
- Medical malpractice
- Truck accidents
- Wrongful death
- Pedestrian and bicycle accidents
- Dog bites and animal attacks
- Workplace accidents
- Product liability claims
- Drowning accidents
A personal injury claim generally begins with filing an insurance claim. Liability insurance coverage pays damages to accident victims if the insured caused the victim’s injuries.
The insurance company then investigates the claim to determine if the allegations of fault are true. If the company determines the insured is liable, it should pay the claim; however, insurance companies often dispute claims and undervalue damages.
What Is a Personal Injury Lawsuit in Atlanta, GA?
Most personal injury cases are resolved through settlement. However, some cases may not settle and require the injured party to file a personal injury lawsuit in court. In this context, the injured party becomes the plaintiff; the other party is the defendant.
When an experienced trial lawyer files a lawsuit, the insurance company recognizes that the plaintiff is serious about pursuing their claim. As a result, some attorneys may use the filing of a lawsuit as a strategic negotiation tool. Filing a lawsuit also opens the door to discovery, which allows both sides to gather critical evidence.
Discovery involves depositions, interrogatories, requests for production of documents, and requests for admissions. Engaging in discovery not only helps both parties strengthen their cases but can also serve as a catalyst for settlement. By revealing key evidence and clarifying each side’s position, discovery often brings both parties closer to a resolution.
Differences Between Personal Injury Claims vs. Personal Injury Lawsuits
In most cases, settling a claim is quicker and more cost-effective than filing a lawsuit and going to court. Filing a personal injury lawsuit can be both expensive and time-consuming.
Additionally, jury trials come with inherent risks. With a settlement, you know exactly how much compensation you will receive, whereas a lawsuit leaves the outcome uncertain.
A lawsuit offers no guarantees. Jurors can be unpredictable, and even when an attorney presents a strong case backed by solid evidence, there’s always the possibility that the jury may rule against the plaintiff.
What Is the Deadline for Filing a Claim vs. Lawsuit in Georgia?
The Georgia statute of limitations sets deadlines for filing claims and lawsuits. Typically, the deadline for personal injury cases is two years from the date of the injury. Missing the deadline means giving up your right to take a case to court.
Exceptions to the rules could change the filing date for a personal injury case. It is important to seek legal advice as soon as possible. An attorney will review your case to determine the correct statute of limitations.
How Can a Personal Injury Lawyer Help With a Claim vs. Lawsuit in Georgia?
The injured victim in a claim or a lawsuit must prove their case. They must prove each element of their legal claim to recover damages. An attorney has the resources and skills to perform a thorough investigation, identify the liable parties, and gather evidence proving the other party is responsible for causing the victim’s injuries.
Personal injury lawyers are well-versed in the types of economic and non-economic damages you can recover. They also understand how to accurately assess the value of these damages. Insurance companies often try to minimize the amount they pay by undervaluing claims, but an experienced attorney ensures that you receive the full compensation you deserve.
An attorney also defends you against allegations of shared fault. Georgia’s modified comparative negligence laws bar damages if you are 50% or more to blame for causing your injuries. If you are less than 50% at fault, your damages can be reduced by your level of fault.
Most personal injury attorneys accept cases for a contingency fee. You are not required to pay upfront fees when you hire the law firm. Instead, the attorney receives a percentage of what they recover for your claim. You won’t owe them anything if they don’t recover any compensation for you.
Get Help With a Personal Injury Claim in Atlanta, GA
Our Atlanta personal injury lawyers at Goldstein Hayes & Lina, LLC have extensive experience handling claims and lawsuits. Our attorneys are seasoned trial lawyers and skilled negotiators. We fight for our clients’ rights to receive the money they need and deserve. Contact us today at (404) 869-8600 for a free consultation.
