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Personal Injury Laws in the State Of Georgia, Florida and Texas


Personal Injury refers to injuries inflicted on the body, emotions, mind, financial, or any injury to a person rather than on the property. Personal injuries include wrongful death, defamation, slip fall accidents, birth injuries, auto defects, dog bites, malpractice, defective drugs, and a lot more. With this, because personal injuries occur, almost all states in the US have personal injury laws. These personal injury laws are laws that aim to protect or guard the victim of the personal injury so that the victim will be able to exercises his or her rights to claim compensation or justice for the damages he or she has acquired. When it comes to personal injury claims, personal injury lawyers are required. These lawyers specialize in cases like these and they know the rights of the victim well enough to assist him or her. Different states in the US such as Atlanta Georgia, Florida and Texas have different personal injury laws. Below is an overview of these states’ personal injury laws and how they are different or similar with each other.

Personal Injury Laws in the state of Georgia

The state of Georgia handles personal injury laws in different ways deepening on the kind of personal injury that has occurred. For instance, when the personal injury is due to negligence, the state of Georgia uses the Modified Comparative negligence in order to prove fault wherein the company or the other party is also protected because only 50 percent of damages can be claimed by the victim if proven that he or she is partly at fault, and if found that the injured victim is at fault, the person who caused the injury will only be entitled to pay the amount according to the percentage of the damage.

When it comes to oral defamation personal injuries, the state of Georgia considers the speaker or writer who caused the defamation liable and also those who repeat the statement. In terms of assault, the person who started and caused the assault will be the one held liable. When it comes to wrongful death, automatically, the entity, the company or the activity that caused the death will be held liable. When the personal injury involves products; if found that the manufacturer has failed in their duties to keep their products safe for people; they will be held liable.

According to the personal injury laws of the state of Georgia, usually, the injured person is entitled to be compensated for the lost wages and medical treatment, loss of use of property, loss of income, financial compensation, and payment for the injury caused to the reputation of the injured. When it comes to punitive or monetary compensations, personal injury laws of Georgia has a limit to punitive damages. The injured will only get $250,000 while the rest of the money goes to the state. It is important that the injured party should get a personal injury attorney Atlanta Georgia.

Personal Injury Laws in Florida

According to the Florida personal injury laws, an injured person can make personal injury claims if he or she has proven that his or her injury was caused by the other party’s failure of duty to keep the injured safe from injury, the failure of that duty has something to do directly on the injury incurred as well as several damages has occurred due to that injury. Florida personal injury laws, however, differ in the sense that it exempts automobile accidents. Florida is known to be a no-fault state when it comes to car accidents and this means that whenever there is personal injury caused by car accidents, whether the person is at fault or not, he or she is entitled to have his or her insurance company to cover all the damages that the injured person has incurred. But unlike the state of Georgia and Texas, Florida personal injury laws do not use modified comparative negligence for negligence cases but uses pure comparative negligence instead wherein if the injured is also liable for the injury, only the percentage of the damages caused will be paid by the original liable entity or person.

In the state of Florida, the personal injury law states limitations or deadlines by which an injured person can file a lawsuit or a claim for the damages incurred to him or her. From the date of the injury, the injured is only given four years right to sue the company or the person that has caused the injury to you. This is for most of the personal injury cases you want to file except for defamation and wrongful death that gives you only 2 years to file the case and your claims. And just like the personal injury laws in Georgia, in the personal injury laws of Florida also gives the injured person the right to claim for compensatory and punitive damages. And just like the perusal injury laws in Georgia, the injured person is entitled to hire a South Florida personal injury attorney.

Personal Injury Laws in Texas

In the state of Florida, determining who is at fault is the same as Florida too because you will be able to claim your right if you prove that the other party who was tasked to keep you from being injured failed to do that duty, there is a great connection between the injury that you have incurred to the responsibility or the duty of the other party and most of all, if the injury that you have incurred leads to other damages to your life, career, heath, etc. However, just like the personal injury laws in Florida, if found that you are partly liable; the total amount that you are to recover will now be reduced.

Personal injury laws in Texas are also the same as Georgia’s personal injury laws when it comes to dealing with several personal injury concerns. Like Georgia, Texas also uses the Modified Comparative negligence when assigning fault in negligence cases. And when it comes to proving fault on defamation, strict liability, products liability and wrongful deaths, etc. the personal injury laws of Texas also consider those who are directly or even not-directly involved in your injury at fault and liable.

Limitations when filing personal injury cases are also set in the Texas Personal injury laws and these differs depending on the personal injury case you are filing. Usually, in Texas, only the Defamation case is a must to be filed for 1 year and the rest are limited to 2 years. Just like the rest of the states’ personal injury laws, a personal injury attorney Dallas Texas is also recommended for the injured.

Whether you live in the state of Georgia, Florida or Texas, if you are a victim of personal injury, you automatically have the right to compensation claims or claims for justice of the damages caused to you. You also have the right to hire personal injury lawyers in your state to guide you towards the process of making personal injury claims. These personal injury lawyers will help you ensure that you are not deprived of your rights to seek justice and compensation from the person liable.

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September 25, 2014
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