Georgia Personal Injury FAQ

Personal injury cases in Georgia encompass a broad spectrum of legal matters that arise when individuals suffer harm due to the negligence or intentional actions of others. From car accidents to medical malpractice, personal injury cases aim to compensate victims for their injuries, medical expenses, lost wages, and pain and suffering. Not all injury cases, however, meet the elements that must be satisfied to obtain compensation. Personal injury laws can be confusing and overwhelming in this regard, so it is important to speak to an attorney whether you want to file a claim or want to defend against one.

At Cowan Law, we serve victims in Georgia and will help you understand the intricacies of your personal injury case. We are committed to our clients and will investigate, negotiate, and – if necessary – litigate your case to ensure the best possible outcome. Throughout the process, we will keep you informed and engaged. Contact Cowan Law if you have been injured in Athens, Lawrenceville, Monroe, or anywhere else in Georgia. Schedule a free consultation by calling us at (678) 919-2508 or emailing us here.

Please note: We provide comprehensive legal representation for clients throughout Georgia. Cowan Law also takes a highly selective approach to our personal injury cases, and we maintain a limited personal injury caseload by design. This strategic decision enables our legal team to dedicate exceptional time and personalized attention to each client and their unique situation. We believe this helps to maximize settlement opportunities and obtain favorable verdict outcomes.

At Cowan Law, we also get a lot of questions about Georgia personal injury lawsuits. We answer some of the most frequently asked questions here, but if you need further information, don't hesitate to contact us or call us at (678) 919-2508 to schedule a free consultation with an attorney.

What Types of Personal Injury Claims Does Cowan Law Handle?

The team at Cowan Law in Georgia handle a wide range of personal injury and accident cases. This list is representative but not exhaustive of the types of cases we handle.

What's the Difference between a Claim and a Lawsuit?

Many people interchange the words personal injury claim and lawsuit, which can be confusing to a certain extent. All personal injury lawsuits were once claims, but not all personal injury claims become lawsuits.

Claims are legal demands for compensation. This means a demand letter is sent, typically, to an insurance company for payment following an accident. There can be negotiations, an investigation, and more, before a settlement is offered.

Lawsuits, on the other hand, are legal actions. This means the claim is decided in court and involves one party, the plaintiff, suing another party, the defendant, for compensation. Though a settlement can still be negotiated prior to trial, the claim becomes a lawsuit once it enters the court system.

Do I Have to go to Court for a Personal Injury Claim in Georgia?

No, filing a case in court and going through the court process are not required in every personal injury claim. In fact, a large majority of personal injury claims settle prior to filing a case in court or before a trial if a case must be filed.

A trial in a personal injury case is often the last resort for all parties involved because of the increased costs associated with a trial. Unfortunately, insurance companies and negligent parties do not always present fair offers for settlement, so a trial is always a possibility following an accident.

What Types of Damages Could I Receive in Georgia for a Personal Injury Claim?

The common types of damages available for recovery in a personal injury claim include economic and non-economic damages. Economic damages are intended to compensate you for your losses from the accident, such as medical expenses, lost wages, and property damages.

Non-economic damages are intended to compensate you for the pain and suffering experienced during and after the accident and any loss of your ability to enjoy your life. In some cases, you might also be entitled to punitive damages for especially careless or reckless actions of the responsible parties. The amount and specific types of damages available in a personal injury claim vary significantly based on the case's circumstances.

Can I Still Recover Compensation in Georgia if I Contributed to the Injury?

Your role in causing an accident could potentially limit or bar your recovery of damages in a personal injury claim depending on where the accident occurred. Generally, in settlement negotiations or if the case goes to trial, the parties will argue the percentage of fault of all parties. If you are determined to be partly at fault for the accident, any damage award could be limited by your percentage of fault.

In Georgia, if you are found 50 percent or more at fault or responsible for the accident, then you could be barred from recovering any damages, no matter how significant your damages were following the accident. This is why hiring a Georgia personal injury attorney is imperative.

What Happens to My Personal Injury Claim if I Have a Pre-Existing Condition?

Pre-existing conditions can play a substantial part in a personal injury case. In general, you are not entitled to compensation for pre-existing injuries that were not affected in the accident. However, you could be entitled to damages if your pre-existing condition was exacerbated or aggravated by the accident.

Proving an exacerbation or aggravation commonly requires determining the severity of the pre-existing condition prior to and following the accident. As such, pre-existing conditions often lead to significant contention from the insurance companies.

I Was in an Accident in Georgia, Do I Need a Personal Injury Lawyer?

You are not required to have a personal injury lawyer following an accident; however, a lawyer could explain your legal options and help secure a more favorable result. Often, insurance companies will try to take advantage of unrepresented individuals in the claim process with low settlement offers.

A Georgia personal injury lawyer understands the value of a case and when an offer is appropriate for the damage and harm caused in an accident. Additionally, a lawyer could handle the complex court process through its conclusion if a claim does not settle prior to the state deadline for filing a claim.

How Much Will a Personal Injury or Accident Attorney Cost in Georgia?

How much a personal injury or accident attorney will cost depends on many factors. If the case settles before entering into litigation, then you can save a lot expenses. If it goes to trial, it can get expensive, especially considering the experts that might need to be involved. The number and types of experts depends on the case itself, the injury, and the defendant(s).

Another important factor determining the costs of a personal injury lawyer is whether the attorney offers legal services on:

A contingency basis, where you only pay if you win and even then, the fees are usually taken directly out of the settlement or award as opposed to your own pocket
A fixed rate basis, where you pay one fee that may or may not be inclusive of certain other fees and expenses
An hourly basis, where -- as described -- you pay on an hourly basis, and this type, too, may or may not include certain other fees and expenses

Regardless of the fee structure, each type has pros and cons. You need to weigh those pros and cons alongside your unique situation. Ultimately, you want to make sure you know exactly what you are getting and what you are paying for.

What Happens if I File a Lawsuit after the Statute of Limitations?

When the insurer does not settle, and you want to file a lawsuit, you must do so within the timeframe as outlined in the relevant statute of limitations. Insurance adjusters know this, and many will take advantage of it. They may try to stall or lead you on with promises they never intend to fulfill. By the time you catch on and try to file, time is up.

Meeting with a personal injury lawyer in Georgia soon after you suffer the injury, even if only for a consultation, can help you understand your rights and give you an opportunity to ask about deadlines. If you do not file timely, you may miss your chance to receive just and fair compensation.

Personal Injury Cases in Georgia

Personal injury cases involve a Plaintiff and a Defendant, at a minimum. Depending on the jurisdiction, the plaintiff might be referred to as the petitioner or claimant or another similar term. There can be more than one plaintiff and more than one defendant. The plaintiff is the party that has been injured while the defendant is the party accused of causing the injury. The defendant can be a person or an entity, like a business, organization, or public agency. The plaintiff can only be successful if they satisfy all the elements of their case. Elements depend on the legal theory they use to file their claim.

Legal Theories

Negligence. The most common legal theory in personal injury cases is negligence. This requires proving that the defendant owed a duty of care, breached that duty that resulted in an injury, and caused harm/damages as a result. There are two basic types of negligence: Comparative and contributory. Comparative negligence laws apportion damages based on each party's degree of fault. Contributory negligence, less common, may bar recovery if the plaintiff is found to have contributed to the accident. Georgia is a modified comparative negligence state that follows the 50% rule. Under Georgia law, a plaintiff can recover damages in a negligence claim as long as they are found to be less than 50% at fault for their injuries. If the plaintiff is 50% or more at fault, they are barred from recovering any damages.
Strict Liability. Under strict liability, a defendant can be held responsible for injuries regardless of whether negligence occurred. This theory is most often used with defective products, and the focus is on the dangerous nature of the product.
Vicarious Liability. Vicarious liability is a legal rule that holds a person or entity responsible for actions committed by others. Typically, it applies to those who are in control of people (e.g., employer-employee relationships) who cause harm to victims.
Intentional Torts. Intentional torts involve cases where the defendant intentionally caused harm, so the element of negligence is neither present nor required to prove.

Burden of Proof

The plaintiff has the burden to prove their case. They must establish the defendant's liability by a preponderance of the evidence, meaning that it is more likely than not that the defendant's negligence or intentional actions caused the injuries.

In some cases where punitive damages are sought, clear and convincing evidence is the burden of proof. This standard is still less strict than the burden in criminal cases to prove guilt beyond a reasonable doubt but stricter than the civil court's preponderance of the evidence standard.

Cowan Law can advise you on the theory to be used in your case and what proving it would entail.

Common Types of Personal Injury Cases in Georgia

Personal injury cases involve a wide range of accidents and incidents. Some of the most common are listed below.

Motor Vehicle Accidents. These cases involve injuries resulting from automobile accidents, truck accidents, motorcycle accidents, DUI accidents, or other motor vehicle accidents. Claims can be brought against negligent drivers, manufacturers of faulty car parts, or government entities responsible for road maintenance.
Premises Liability. Premises liability cases arise when injuries occur due to unsafe conditions on someone's property, such as slip and fall accidents, inadequate security leading to assault, or dog bites. Claims can be brought against individuals, like homeowners, property managers, or property owners.
Products Liability. Products liability cases involve injuries caused by defective or dangerous products. Manufacturers, distributors, or sellers may be held liable for injuries resulting from design defects, manufacturing defects, or inadequate maintenance.
Medical Malpractice. Medical malpractice claims arise when healthcare professionals fail to meet the standard of care, resulting in failure to diagnose, misdiagnosis, delayed diagnosis, surgical errors, or birth injuries.
Workplace Accidents. These cases involve injuries or illnesses sustained in the workplace due to unsafe conditions, inadequate training, or employer negligence. Many of these cases may qualify for workers' compensation, too. It is always best to speak to an attorney to ensure you file a timely, proper claim.
Wrongful Death. Wrongful death claims arise when a person's death is caused by the negligence or intentional actions of another party. Family members may seek compensation for the loss of financial support, companionship, and funeral expenses.
Nursing Home Negligence. These cases involve harm caused by negligence, abuse, or neglect in nursing homes, resulting in injuries to elderly residents.

Types of Injuries in Personal Injury Lawsuits

Personal injury cases can encompass a wide range of injuries resulting from various circumstances. Each personal injury case is unique, and the types and severity of injuries will vary. Types of injuries that can correlate with personal injury cases include:

At Cowan Law, we will help you understand your rights, assess liability, and pursue appropriate compensation based on the specific circumstances of your case.

Damages in Personal Injury Lawsuits

The type of injury you sustain is directly related to the type of damages you seek. In personal injury lawsuits, damages refer to the relief or compensation awarded to the injured party as a result of their successful claim against the at-fault or liable party.

The following types of damages can vary depending on the jurisdiction and the specific circumstances of the case.

Compensatory Damages

Compensatory damages are the most common form of remedy in personal injury cases. They aim to compensate the injured party for the losses they have suffered as a result of the accident or injury. Compensatory damages can be further divided into two categories:

Economic damages, which are awarded to reimburse the plaintiff for quantifiable financial losses, including medical expenses, rehabilitation costs, lost wages, property damage, and other out-of-pocket expenses directly related to the injury; and
Non-economic damages, which compensate the plaintiff for subjective losses that are not easily quantifiable, including pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium (for the impact on relationships), and disfigurement or disability.

Nominal Damages

Nominal damages are a trivial sum of money awarded to the plaintiff. When these damages are awarded, compensatory damages are not. They are meant to recognize that a legal right was violated but damages were not sustained. For example, the floor of a restaurant was wet and you lost your balance, but you were not injured in any way.

Punitive Damages

Punitive damages, also known as exemplary damages, may be awarded in cases where the defendant's conduct was particularly egregious, intentional, or grossly negligent. The purpose of punitive damages is not to compensate the plaintiff but rather to punish the defendant and deter similar misconduct in the future.

General Process in Georgia to File a Personal Injury Claim

Below is the general process to file a personal injury claim. If you do not adhere to the rules of your jurisdiction, then it will likely impact your case to your detriment. Whether you are filing a claim or responding to one, always speak to a personal injury attorney to ensure you are doing it right.

Investigation and evidence-gathering. This initial step of the process includes investigating the facts and circumstances, reviewing medical records, interviewing witnesses, and assessing the extent of the damages.
Negotiations and settlement. In many cases, the attorney will attempt to negotiate a fair settlement with the insurance company or the responsible party's legal representation. The case can be resolved without going to court if an acceptable settlement offer is reached.
Filing a lawsuit. If a settlement cannot be reached, the attorney may file a lawsuit by preparing and submitting the necessary legal documents to the appropriate court.
Discovery. The discovery phase involves exchanging information, gathering evidence, taking depositions, and interrogating witnesses to build a strong case.
Additional settlement negotiations; possible mediation. Even during the litigation process, settlement negotiations may continue and lead to a resolution before reaching trial. Mediation is often a viable alternative to the traditional negotiation process.
Civil Trial. If the case proceeds to a civil trial, both parties present their arguments, evidence, and witnesses before a judge or jury. The court then decides on liability and the amount of damages.
Appeal. Either party may choose to appeal the court's decision if they believe there was a legal error or if the judgment was unjust.

Your case may not follow the exact steps listed above. If a settlement occurs, you won't have a trial. Even if you have a trial, the losing party may not appeal. Each case is unique – so the process will also be somewhat unique.

Why Choose Cowan Law for your Personal Injury Case in Georgia

Suffering a personal injury can be a life-altering experience, bringing physical, emotional, and financial challenges. In the aftermath, navigating the legal complexities to secure compensation may seem daunting. This is where Cowan Law becomes your ally, dedicated to ensuring the success of your case.

At Cowan Law, our clients choose us because we are committed and knowledgeable. Our commitment and know-how materialize in the following ways:

Legal expertise, which enables us to assess the unique aspects of your situation and build a robust legal strategy
Thorough investigation to build a strong foundation and to increase the likelihood of a favorable outcome
Advocacy and negotiation skills to maximize compensation for injuries, damages, and losses
Legal representation in court where we offer a strong voice while presenting compelling arguments, cross-examining witnesses, and navigating the legal process
Objective guidance to help our clients make informed decisions and alleviate the stress associated with pursuing a claim

Contact a Personal Injury Attorney Serving all of Georgia

In the aftermath of a personal injury, having a skilled personal injury attorney on your side can make all the difference. From legal expertise to compassionate advocacy, our role can be pivotal in ensuring the success of your case. If you've experienced a personal injury, don't face the challenges alone. Whether it is to file a claim or defend against allegations, Cowan Law can provide guidance and representation. Contact Cowan Law if you have been injured in Athens, Lawrenceville, Monroe, or anywhere else in Georgia. Schedule a free consultation by calling us at (678) 919-2508 or emailing us here.

Note: Contingent attorneys' fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

For further information regarding general Civil Litigation cases, please click here.

For further information regarding Family Law cases, please click here.