If you’re feeling lost after an accident or injury, you’re in the right place. Navigating any legal field can be overwhelming, especially when it’s filled with terms attorneys may assume everyone understands. My goal is to ensure you are never left in the dark. When you work with me, this breakdown of legal terms will help you stay informed and fully involved in both the conversation and the solutions.
This article covers:
- Four key personal injury terms everyone should know.
- Two complex legal concepts, including how they may apply to your Georgia claim.
- Why understanding the personal injury process and terminology is essential.
What Does “Liability” Mean In Personal Injury Law?
In simple terms, “liable” means “at fault,” so “liability” refers to who is responsible for an accident.
When there’s an accident, we need to determine who is at fault and who is responsible for it. In personal injury law, they are the first individual, group, company, or institution we are going to look at when it is time to pay for what happened to you.
How Is “Negligence” Defined In Georgia, And Why Is It Important?
Negligence is central to personal injury claims in Georgia. The law defines negligence as “the failure to exercise the degree of care that a reasonably prudent person will show under similar circumstances.”
In plain English, it’s about asking whether someone was as careful as they should have been. Were they as careful as any other normal person would have been in their shoes? Did they try as hard as they should? Were they alert? Did they act recklessly?
If your injury was caused by someone else’s negligence, they can be held responsible for the “damages” they caused. In other words, they can be required to foot the bill for your injury.
On the other hand, if your own negligence played a part in the accident, the amount you can claim is reduced. And if your negligence was the primary reason for the injury, then Georgia law will likely prevent you from recovering any compensation at all.
Attorney Brian Moore is an ambitious and compassionate Georgia personal injury lawyer whose goal is to make personal injury law and justice that much more accessible for all. With multiple big wins under his belt, his inclusive and educational approach has already demonstrated its advantages.
If you are still confused about personal injury terminology or need assistance with your claim after an accident or injury, contact Brian Moore today to schedule a free initial consultation.
Get Your Questions Answered - (470) 671-6657 - Call Me For Your Free, 20 Min Phone Consultation
What “Damages” Can I Claim In A Georgia Personal Injury Case?
“Damages” refer to the compensation you can claim from the party responsible for your injury. Most people think only of medical bills, but damages can cover much more. In Georgia, there are three main types of damages the at-fault party can be made to pay:
1. Economic Damages (Special Damages)
Economic damages include all harms, costs, and losses that have a clearly defined monetary value. Possible economic damages include:
- Property damage (e.g., your vehicle, home, or phone)
- Lost wages from missed work
- Transportation costs
- Extra home care or modifications needed due to your injury
These damages include all out-of-pocket expenses after an accident. If you paid for it, and it was caused by someone else, you have the right to recover that money.
2. Non-Economic Damages (General Damages)
Non-economic damages cover losses, harms, and costs that don’t have a straightforward price tag but still represent very real changes in your life. To calculate your general damages, you’ll need to ask some important questions:
- How do you measure pain and suffering?
- What is the monetary cost of emotional distress or trauma?
- If your spouse has been injured or maimed, how much should you be compensated for losing that part of your marriage?
- How much is it worth to be able to play with your dog or kids the way you used to?
- How much less enjoyable is your life as a result of the injury that keeps you from the hobbies you love?
While calculating them or proving the answers to these questions might seem difficult, a great attorney is going to put together evidence and solid arguments and, if needed, justify them to a jury and judge if you have to go to trial.
Attorney Brian Moore is an ambitious and compassionate Georgia personal injury lawyer whose goal is to make personal injury law and justice that much more accessible for all. With multiple big wins under his belt, his inclusive and educational approach has already demonstrated its advantages.
If you are still confused about personal injury terminology or need assistance with your claim after an accident or injury, contact Brian Moore today to schedule a free initial consultation.
Get Your Questions Answered - (470) 671-6657 - Call Me For Your Free, 20 Min Phone Consultation
3. Punitive Damages
All the damages we’ve discussed so far focus on compensating you for your losses. However, punitive damages are different—they are designed to punish the wrongdoer for their negligence or recklessness. These penalties are rare in personal injury cases but can be imposed when the other party’s behavior is exceptionally harmful.
For example, consider two drivers involved in similar accidents: one was momentarily distracted by their children in the backseat, while the other was driving drunk. Although both drivers may have caused harm, the fact that one was intoxicated could lead to higher penalties, as drunk driving is seen as a more reckless and dangerous behavior.
What Is The Difference Between A “Trial” And A “Settlement”?
After calculating the damages you are owed with the help of your attorney, you file your personal injury claim against the person responsible (or their insurance company). From that point on, there are two ways the process can end:
1. Ending Your Personal Injury Claim With A Settlement
A settlement is any agreement in which both parties, the injured party (you) and the responsible party, decide how much money has to change hands for the case to come to an agreed-upon end.
An agreement can happen at any moment up until the judge or the jury makes their decision known. In short: they agree to pay you the listed amount, and you agree not to ask for more. You both sign and the claim is resolved.
Once you sign a settlement agreement, it’s binding, so be wary of insurance companies that pressure accident victims into signing unfair settlements.
2. Taking Your Personal Injury Court To Trial
If your case goes to trial, a judge or jury will make the final decision on your claim. Your attorney will stand before a judge and jury of your peers and explain the facts and evidence of the case.
This might include blown-up pictures of damaged vehicles or injuries, video footage whenever possible, audio recording, and police statements. Anything and everything needed to paint a crystal clear picture of who hurt you, how they were wrong, and how much you deserve to be paid for that.
The jury and judge will then make a decision about whether the other party was responsible and how much they should pay you – and there will be no more room for negotiation once they do.
Attorney Brian Moore is an ambitious and compassionate Georgia personal injury lawyer whose goal is to make personal injury law and justice that much more accessible for all. With multiple big wins under his belt, his inclusive and educational approach has already demonstrated its advantages.
If you are still confused about personal injury terminology or need assistance with your claim after an accident or injury, contact Brian Moore today to schedule a free initial consultation.
Get Your Questions Answered - (470) 671-6657 - Call Me For Your Free, 20 Min Phone Consultation
What Does “Burden Of Proof” Mean For My Personal Injury Case?
The burden of proof refers to the evidence you need to prove your case. You must show who caused the injury, that their negligence or recklessness led to it, and the damages you suffered as a result.
Imagine the burden of proof as a hurdle; if you do not get over the hurdle by meeting the burden of proof, you are unlikely to get a favorable settlement, and the court may rule in favor of the defendant.
What Are “Statutes Of Limitations,” And How Do They Affect My Claim In Georgia?
You do not have unlimited time to let the other party, relevant insurance companies, and the court know that you have been hurt. That time limit is called the statute of limitations.
In Georgia, there is a two-year statute of limitations from the date of your injury for most kinds of injuries and accidents. For example, if you are hurt on New Year’s Day 2025, you will have until New Year’s Day 2027 to file a claim in court.
Once it has passed the court considers it unfair to try and claim damages three, five, or twenty years later. This means you have until the statute of limitations deadline to bring forward a lawsuit.
This is not true for all cases, however:
- Medical Malpractice
In Georgia medical malpractice cases, you have five years from the date of the act (surgery, intervention, treatment, etc.) to file a claim.
- Government Claims
If you are going to make a claim against the government, the statute of limitations may be shorter. Worse still, there are different rules for suing a city, state, or county.
- Claims against municipalities must be filed within six months.
- Claims against state and county governments must be filed within one year.
These complications are one of the main reasons you want to discuss your case and claim with a lawyer as quickly as possible after the accident to make sure you do not miss out on your window of opportunity to sue for the compensation you need and deserve.
Attorney Brian Moore is an ambitious and compassionate Georgia personal injury lawyer whose goal is to make personal injury law and justice that much more accessible for all. With multiple big wins under his belt, his inclusive and educational approach has already demonstrated its advantages.
If you are still confused about personal injury terminology or need assistance with your claim after an accident or injury, contact Brian Moore today to schedule a free initial consultation.
Get Your Questions Answered - (470) 671-6657 - Call Me For Your Free, 20 Min Phone Consultation
How Does Our Firm Provide Support To Those New To Legal Procedures?
Most people we help are new to the legal process. While some might have gone through a divorce or minor criminal charge, personal injury is new to many. That is why we take helping you through the process so seriously, which starts with ensuring you understand as much of it as possible.
This article is part of that process. It is much easier to guide a person who can see clearly than one who is wearing a blindfold. And it is much easier to deceive someone who is wearing a blindfold than one who is not.
Insurance companies like to keep the personal injury process obscure to trick people into signing away their rights to full compensation. We want you to have your eyes wide open so that you can trust (and verify) that everything is being done in your best interest.
We want you to understand the personal injury process and to be a part of what we do here. We will start with conversations and articles like this one, but also make sure that when you need to, you can speak to an attorney.
As your lawyers, we will do all the heavy lifting to spare you the stress and effort, but we need to let you know what the plans and procedures are. It is important to us that you feel included and aware. We will always try to set clear expectations about time, what we can hope to recover, and the care we can get you.
Only by doing so can we get you the best possible results. If you feel confused and are asking yourself what is going on, questioning why you have to go back to the same doctor, or frustrated about how long everything is taking, you might make mistakes without even realizing how they undermine your claim.
If that happens, we will have failed in our job because we will no longer be able to get you the best result possible. As always, our goal is to leave you healthier and, if possible, a little bit wealthier, too. For that to happen, you have to understand the process.
For more information on Personal Injury Law, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (470) 671-6657 today.
Attorney Brian Moore is an ambitious and compassionate Georgia personal injury lawyer whose goal is to make personal injury law and justice that much more accessible for all. With multiple big wins under his belt, his inclusive and educational approach has already demonstrated its advantages.
If you are still confused about personal injury terminology or need assistance with your claim after an accident or injury, contact Brian Moore today to schedule a free initial consultation.
Get Your Questions Answered - (470) 671-6657 - Call Me For Your Free, 20 Min Phone Consultation