3 Georgia Personal Injury Legal Issues To Watch For

Most personal injury accident claims use a specific State’s laws for all its legal issues. Usually, but not always, you or your personal injury lawyer will use the law from Car Accidents Near Me the State where you would have to file a lawsuit. If you and the other driver both live in the same State, the answer is an easy one – your home State’s law applies.
Personal injury law, a form of negligence law, has a lot of common elements no matter what State’s law applies. But, there certain State specific things that will vary from state to state and could possible effect your personal injury claim. This article will teach you about important State legal issues for Georgia.
Georgia Statute of Limitations
A statute of limitations is the deadline you have for filing a lawsuit against the person or corporation who hurt you. If you don’t have your lawsuit physically filed at the courthouse by the deadline, you lose the right to bring a claim against the at-fault person forever! In Georgia the normal statute of limitations for a personal injury claim is 2 years from the date of injury (i.e. the accident date). There are some exceptions where the deadline can toll, or be pushed out further. Also, a city, county, or state agency is a defendant you will have a much shorter deadline called an ante litem notice. This is in addition to the statute of limitation and is when you have to notify the agency or department that you intend to make a claim. It can be 6 or 12 months. For ante litems and trying to get around a 2 year statute of limitation you will need to talk to a Georgia personal injury attorney. This definitely requires a lawyer to do the analysis and examine all the loopholes.
Insurance Disclosure
Georgia has a statute that requires the insurance companies for at-fault individuals or companies to disclose how much insurance coverage they have. Unbelievably, some states do not have this law and you stay in the dark about how much coverage there is. You can Google OCGA 33-3-28 to get the requirements on how to get the insurance company to disclose coverage. This should be one of the first steps you or your car accident lawyer do in the initial investigation because the amount of coverage can affect decisions regarding your claim.
Health Insurance Rear Right Side Car Accident Reimbursement
There is a chance that you will have to repay your health insurance company for the money it paid out to medical providers associated with your claim’s medical treatment. This is called “subrogation,” which is just a fancy word for a legal right to reimbursement. This is an extremely complicated legal issue no matter what State you are in. It deals with contract law, federal law, and state law. Georgia is one of the few states that have a “made whole” law, which means you don’t have to pay back your health insurance company unless you have been made whole. Made whole means you did not compromise your claim. Even though Georgia has that law, you still need a Georgia lawyer to look at your exact situation. Sometimes the State law does not apply and sometimes it does.
These are just three legal issues specific to Georgia. There are a lot more, but these are the ones that impact personal injury claims the most from your perspective. Each claim/case is different. If you get into a question regarding one of these issues you are best off consulting with a personal injury lawyer. Statute of limitation issues and subrogation issues especially because they are complex and have lots of traps and loopholes.

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