Georgia Personal Injury Claims against a Small Business
Provided by HG.org
Customers and clients that suffer injury while in or with the small business may need to contact a lawyer for a resolution through compensation or another remedy if the company is unwilling to settle the matter. Small business interactions are usually safe and protected, but when the negligent or unintentional actions lead to severe injury from the products or services, litigation is possible.
Small businesses are dying against big businesses. This may lead to a cut in quality of products or a lack of performing services adequately to the customerís satisfaction. These actions may even lead to the injury of a customer or client. When the unintentional activity of the business causes the personal injury, it is possible for the company to face litigation. In Georgia, it is important for the entity to know what this will mean and how it may affect current and future business transactions. Hiring a lawyer to sue the company is often important when the injury is extensive enough that compensation is necessary to recover.
Statute of Limitations in Georgia for Personal Injury Suits
The time limit in the state of Georgia permits a person to seek legal action until the time passes. These limitations apply to all personal injury cases for civil courts. In Georgia, these restrictions supply the person affected with a two-year period to file the suit in court. The time starts when the injury occurs or when the action of the small business led to the injury initially. Even though exceptions are possible in extreme cases, most judges will throw out personal injury claims if the time exceeds the two years. It is critical to issue the claim before this period is over.
Small businesses that skimp on quality may purchase inferior products or materials. When selling the overall products to the consumer, injury is possible. If the product is a consumable, the danger occurs within the body. However, if the item is usable, the standard usage could lead to the injury that results in the court case. Without warning anyone of the inherent risks of using the product or that consuming it could harm anyone, the company is at more risk than when there are product warning labels. However, any injury to someone through the product itself could end in litigation in Georgia.
Employees often cause injury to others through their actions or activity in the building, at the facility or when working in a store. These dangers are usually, through insurance coverage, mitigated by the small business. However, if the worker intentionally harms another person or uses company assets to do so, the entity may take at least partial responsibility in the courtroom. Both the employee and the company may go through a civil trial to compensate the victim of a personal injury claim. It is important to ensure the matter settles quickly to avoid the extensive costs of litigation.
Comparative Fault in Georgia
When a person files a claim against a business or if the insurance claim causes an insurance adjuster to investigate the matter, the carrier or company may claim that the victim is either partially or entirely at fault in the situation. The comparative fault rules in Georgia reduce or remove any owed damages if the person is found to have partial or complete fault in the accident. If the incident caused $20,000 in damages, but the court finds that the victim is twenty percent at fault, then the compensation awarded to this person reduces from the total to $16,000. Courts have a requirement to adjust the amount in this state when the fault shared between two parties is found.
Insurance in Georgia
A settlement through an insurance company may also favor the comparative fault law. The settlement is usually far lower than what the victim will need or want. However, hiring a lawyer may provide a higher amount when negotiating. The comparative fault rule may reduce this based on the percentage, and it is important to remove that from the case to ensure the whole amount transfers to the plaintiff.
Georgia Lawyer in Personal Injury Claims
When harmed by the actions of a small business in Georgia, the plaintiff needs a state lawyer to assist him with proving the case. Finding ways around comparative fault and receiving the whole amount of compensation is important. After hiring a lawyer, the party may need to work a strategy to show the courtroom how the small business is fully at fault.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer.