Home -> Personal Injury -> FAQs
It may be worth pursuing a personal injury claim in Georgia when someone else’s negligence has caused significant injuries, medical expenses, lost income, or other losses and there is sufficient insurance coverage or another source of financial recovery available.
In most cases, the decision comes down to three things: who was at fault, how serious the injuries are, and whether there is insurance or another source of recovery available.
Not every injury claim is worth filing a lawsuit over. A minor injury that resolves quickly, weak evidence of fault, little available insurance, or other problems with the case can affect whether moving forward makes practical sense.
However, filing a personal injury claim does not mean it is going to trial. Many claims are resolved through negotiation before a trial becomes necessary.
A personal injury case may be worth pursuing when another person or business appears to be legally responsible for an injury and the resulting losses are significant enough to justify making a claim. The circumstances or factors of each case must be evaluated together.
Factors that may support pursuing a case include:
Did someone else or a business cause what happened?
A claim is stronger when there is evidence showing that another person, driver, business, or property owner caused the injury through negligence. Police reports, photographs, video, witness statements, and other evidence may help establish fault.
How badly were you hurt, and what medical care did you need?
Medical treatment helps document the injuries and their effect on the person’s life. Emergency care, follow-up treatment, physical therapy, missed work, future medical needs, and lasting symptoms can all affect whether a claim is practical to pursue.
Is there insurance or another realistic source of recovery?
Liability coverage, commercial policies, uninsured or underinsured motorist coverage, and other insurance may affect what recovery is available. A small policy does not always mean there is no case, because other coverage may also apply.
This comes up often when someone has serious injuries but learns that the other driver carries only minimum insurance coverage.
Georgia requires drivers to carry at least $25,000 per person and $50,000 per incident in bodily injury liability coverage, along with $25,000 in property damage liability coverage. In a serious injury case, those limits may not be enough to cover all of the losses.
For someone with significant injuries and medical treatment, $25,000 may not go very far.
Depending on the circumstances, there may be other insurance available. This can include uninsured or underinsured motorist coverage, commercial insurance, or coverage involving another responsible party.
That is why identifying all available insurance is an important part of deciding whether an injury case is worth pursuing.
No. A personal injury claim and a personal injury lawsuit are not the same thing.
A claim usually begins by notifying the responsible party’s insurance company and presenting evidence of liability, injuries, and damages. The parties may then investigate and negotiate the claim.
A lawsuit is a formal court action. Filing one may be necessary when liability is disputed, the parties cannot agree on the value of the claim, an insurer denies coverage, or a filing deadline is approaching.
Even after a lawsuit is filed, the parties will continue negotiating and may resolve the case before trial.
Not every accident results in a viable personal injury claim.
A case may be difficult or impractical to pursue when:
That does not mean someone should assume they have no case based on one issue alone. Insurance coverage, fault, and damages can be more complicated than they initially appear and all circumstances need to be evaluated as a whole.
Being partly at fault does not automatically mean you cannot recover compensation in Georgia.
Georgia follows a modified comparative negligence rule. If you are less than 50% responsible for the accident, you may still recover damages, but your recovery can be reduced by your percentage of fault.
For example, if your damages were valued at $100,000 and you were found 20% at fault, your total recovery could be reduced by that 20% fault which would be $80,000 in this example.
If you are found 50% or more at fault, you cannot recover damages from the other party in Georgia.
Fault is not always 100% clear at the beginning of a case. Police reports, photographs, video, witness statements, and other evidence can all affect how responsibility is ultimately divided.
A personal injury lawyer can review the legal, medical, and financial issues involved in a claim before recommending whether it makes sense to move forward.
That evaluation may include:
Even a strong claim can become harder to pursue when treatment is delayed, evidence disappears, or the insurance company gets an early statement. Learn more about what can hurt a personal injury claim in Georgia.
Brodie Law Group represents people injured throughout Georgia and is based in Macon. If you are unsure whether your case is worth pursuing, our team can review what happened, the available insurance coverage, the extent of your injuries, and the evidence that may support a claim.
Learn more about the different types of injury claims our Georgia personal injury lawyers handle.
★★★★★ Over 370+ 5-Star Google Reviews
