How has accident litigation changed over the years in GA? - Personal Injury Legal Blogs Posted by Mr. Ruben Jose Cruz - Lawyers.com

How has accident litigation changed over the years in GA?

Cruz & Associates – Atlanta Personal Injury Lawyers

GEORGIA ACCIDENT LITIGATION

According to Georgia law, individuals who have been injured have the right to sue those who caused them injury for damages.  From the beginning of its legal system, Georgia law has recognized a difference between civil wrongs and criminal wrongs. Civil wrongs are considered Torts. Citizens have consistently had the right to pursue compensation for civil tort cases.

In the early 1800s, a distinction came to be recognized between intentional and unintentional infliction of injury. Negligence as a separate form of tort came to be recognized in the early 1800s.

From that point forward, Georgia accident litigation has consistently focused on fair compensation for those who have suffered injury due to the negligence of others.  Over time, several areas of Georgia accident litigation have gone through changes.

Some of these areas include:

STATUTE OF LIMITATIONS

Georgia accident litigation has come to include laws indicating a specified length of time during which accident litigation can be started. These time period vary based on the specific type of litigation, and a lawyer should be consulted for precise information. In general, though, Georgia law has come to recognize the following time limitations:

  • Medical malpractice – 2 years from the date of the action causing the injury.
  • Personal injury – 2 years from the date of the action causing the injury.
  • Product liability – 2 years.
  • Libel, Slander, Defamation – 1 year.
  • Injury to personal property – 4 years.

TORT REFORM

A major issue in Georgia accident litigation is the concept of Tort reform. This issue calls for changes to the Georgia legal system, in which caps or limitations are imposed on the amount of potential compensation for medical malpractice or other forms of accident litigation.

Tort reform is a highly controversial issue. Insurance firms and others strongly support this, claiming that it will reduce frivolous lawsuits, reduce the clog on the legal system, and reduce unfairly large monetary payouts.  Opposition to tort reform claims that the cost of bringing a case to court in itself prohibits frivolous lawsuits from ever getting there. Attorneys will not take on “frivolous” cases because it is not worth their while. Further, opponents claim that a cap is an unfair limitation, as each case is inherently different.

Senate Bill 3 was enacted in 2005, which indeed imposed changes resulting in tort reform. This bill placed caps on how much an individual practitioner can be liable to pay, how much an institution can be liable to pay, and how much an individual can receive.

In 2008, an appeal was made to this law, which overturned certain aspects of it in the case of Park v. WellStar. This ruling found several aspects of Senate Bill 3 unconstitutional.  The case and tort reform in general, is still under discussion, and may reach the Georgia Supreme Court.

Accident litigation is a continually developing process, with laws, regulations and procedures developing over time.

For more information, if you’ve suffered an injury in atlanta, you can contact the Atlanta injury law firm of Cruz & Associates, 1-877-291-6635.

Cruz & Associates
3025 Piedmont Rd., Suite 200
Atlanta, GA 30305

Ruben J. Cruz – Atlanta Personal Injury Lawyer

If you are considering filing a personal injury lawsuit in Atlanta, Cruz & Associates can help.  According to Georgia law, individuals who have been injured have the right to sue those who caused them injury for damages.  From the beginning of its legal system, Georgia law

View Attorney Profile

RECENT POSTS

  • Common Workers Compensation Myths
    Posted on August 31, 2009

    Cruz & Associates – Personal Injury in Atlanta When it comes to workers comp in Atlanta, there are a few common myths that people seem to believe.  Here are several of the most common that the Law Firm of Cruz & Associates tend to hear: I can’t afford an attorney, it is too expensive. Most attorneys will not charge ... Read more

  • Dealing with Workers Compensation Insurance
    Posted on June 24, 2009

    DEALING WITH WORKERS COMPENSATION INSURANCE Individuals who have suffered injuries at the workplace are legally entitled to compensation in the form of workers compensation.  Workers Comp in Atlanta is a mandatory form of insurance that employers must provide. When individuals do suffer from work related injuries, several aspects are important in maximizing the settlement amount, and ... Read more

  • Typical Injuries for which you should secure an attorney
    Posted on June 11, 2009

    WHEN AN INJURY MEANS HIRING AN ATTORNEY If you or your family members have been injured, you should seek competent legal advice as soon as possible to see if you have a claim for personal injury compensation. DEFINING PERSONAL INJURIES Personal injuries for which you should secure an experienced Atlanta personal injury lawyer are defined as ... Read more

RECENT POSTS

  • Common Workers Compensation Myths
    Posted on August 31, 2009

    Cruz & Associates – Personal Injury in Atlanta When it comes to workers comp in Atlanta, there are a few common myths that people seem to believe.  Here are several of the most common that the Law Firm of Cruz & Associates tend to hear: I can’t afford an attorney, it is too expensive. Most attorneys will not charge ... Read more

  • Dealing with Workers Compensation Insurance
    Posted on June 24, 2009

    DEALING WITH WORKERS COMPENSATION INSURANCE Individuals who have suffered injuries at the workplace are legally entitled to compensation in the form of workers compensation.  Workers Comp in Atlanta is a mandatory form of insurance that employers must provide. When individuals do suffer from work related injuries, several aspects are important in maximizing the settlement amount, and ... Read more

  • Typical Injuries for which you should secure an attorney
    Posted on June 11, 2009

    WHEN AN INJURY MEANS HIRING AN ATTORNEY If you or your family members have been injured, you should seek competent legal advice as soon as possible to see if you have a claim for personal injury compensation. DEFINING PERSONAL INJURIES Personal injuries for which you should secure an experienced Atlanta personal injury lawyer are defined as ... Read more