People sustain numerous personal injuries in the state of Georgia every day. Approximately 30.8 million people end up having to go to an emergency room each year due to unintentional injuries, according to the National Center for Health Statistics. Whether you have sustained an injury as the result of an automobile accident, a slip and fall in a store a dog bite, or a faulty device, when you have been injured due to the negligence of someone else, you need to do everything you can to ensure you are able to get a remedy that is fair and equitable. One of the first things Macon personal injury lawyer David Mann advises people to do is make sure they keep track of the date of their accident and familiarize themselves with the time they have in the state of Georgia to file a personal injury claim.
What Constitutes a Personal Injury
It is important to understand the types of injuries are that fall into the personal injury category. The reason why it is important to identify and understand the different types of personal injuries is that the statutes of limitations can differ depending on the type of injury, and the method by which it occurred. In the state of Georgia, people are given two years after the date of an incident to bring a personal injury case to court, however, there are exceptions.
Worker’s compensation cases are fairly common in Georgia. In 2018, the United States Bureau of Labor Statistics reported that there were 77,500 nonfatal illnesses and injuries in workplaces across the state of Georgia. People who are injured in their workplaces have one year post their incident to file a claim in the state of Georgia. Workers’ compensation claims are not limited to on-the-job accidents and injuries. Workman’s compensation claims can also be filed when an illness is manifested as the result of conditions and or substances that are found in the workplace. In cases where a person has developed an illness as the result of their work environment, they have one year from the time of their diagnosis to file a personal injury suit.
Car accidents are very common in the Peach State, especially in the Metro Atlanta Region. According to the Georgia Department of Transportation, approximately 1720 drivers are involved in a car accident each day. Amazingly enough, there are a number of people who have been involved in an accident while traveling along the Georgia roadways who fail to get the settlement they are entitled to because they miss the statute of limitations. With over 70 car crashes an hour, the state of Georgia is rather strict when it comes to people adhering to the statute of limitations. People who have sustained injuries due to a car accident need to make sure they file their claim no later than two years post the date of their accident.
Wrongful Death Claims
In situations where a wrongful death has occurred, the event is often traumatic and devastating. There are so many things that families must contend with in terms of funeral arrangements, and taking care of other needs like child care. Just getting back to a place of normalcy can be difficult, however, it is important for people to understand that the state of Georgia mandates that wrongful death claims must be filed within two years of the incident that caused the fatality. These types of lawsuits can be tricky because the courts in Georgia are very specific about who can file this type of claim. Moreover, there are numerous types of wrongful death cases including but not limited to:
- Workplace illnesses
- Workplace accidents
- Premise liability accidents
- Pedestrian and bicycle accidents
- Drowning and boating accidents
- Medical malpractice
- Motor Vehicle accidents
- Accidental poisonings
If you have been bitten by a dog, or have been attacked by another animal, you could be denied the ability to file a claim at all in Macon. The state of Georgia has something called the “one bite rule”. Basically the long and the short of it is, if a dog bites you and this is the first time the animal has ever bitten anyone, and the injury sustained in the incident was not severe, no case can be filed. Whether a person’s injuries are substantial enough to bring forth a claim is subjective, as an attorney who is experienced in these types of claims could argue that a person has PTSD or some other type of mental health disorder as a result of being bitten. If a person is bitten in the state of Georgia by an animal who has a history of attacking other people, the “one bite rule” would not apply, and the injured party would have two years to file a personal injury claim.
Although there are five types of negligence claims, the state of Georgia stipulates that claims filed under negligence must be filed within 5 years of the date of the injury. In order to file this type of claim, there are several criteria that must be met. For example, there must be some sort of damage that has occurred to either a person or property. The element of duty must also be present to bring forth a case of negligence. Duty simply means that the defendant in the case had a duty of care to the injured party. The five categories these types of claims fall into include the following:
- Comparative negligence
- Vicarious negligence
- Contributory negligence
- Comparative and contributory negligence
- Gross negligence
If a person’s property is damaged in Macon the state affords them 4 years to file a personal injury claim. This is the case for both commercial and personal properties. The state specifies that only the property owner can file a claim. If an automobile is damaged as the result of an accident with someone who did not have insurance. These types of claims are generally filed in cases where a person is injured by a commercial vehicle.
We are Here to Help
Personal injury lawsuits are pretty straightforward for attorneys who specialize in these types of cases. Making sure that you meet the statute of limitations is very important, however making sure that you present a case that will help you get a fair settlement is even more important. When you have been injured due to no fault of your own, you should leave nothing to chance. Our attorney David Mann is here to help you. Give our office a call to schedule a review of your case today.