Personal Injury Legal Definition Under Georgia State Law

Personal injury is any damage or loss that affects a person’s body. This includes mental damages even though they may not have a physical side effect in some cases, as well.

Personal injury is a broad category of legal claims that affect the body. Most of these types of claims are also known as “torts.”

What Are the Types of Personal Injury Claims?

Any kind of incident that affects someone’s body could be considered a personal injury claim. The most common types include:

Car accidents
Dog bites
Slip and fall accidents
Bus crashes
Motorcycle accidents
Medical malpractice claims

Car accident cases are by far the most common personal injury case in Georgia and throughout the United States.

Personal injury cases allow an accident victim to get money damages from a tortfeasor, someone who commits a tort, or wrong. These damages often include things like lost wages, medical expenses, and even pain and suffering that you experienced because of the incident.

How Do I Prove a Personal Injury Case?

Most personal injury cases require that you show that the other party involved was negligent. That requires showing:

The other person had a duty to you
They violated that duty
The violation caused you harm
You suffered damages because of their actions

You must prove these things regardless of what type of personal injury case you are claiming. But, certain circumstances, such as medical malpractice or dog bite cases have very specific additional requirements, as well. Also, it may be easier to prove these factors in some types of personal injury cases compared to others.

Can I Still Have a Personal Injury Case Even If I Wasn’t Hurt Very Badly?

Technically, yes. While most personal injury cases involve some type of physical damage, you may still have a common kind of personal injury case even without an injury. Consider, for example, a car accident case where someone T-bones you. The accident was at a slow speed, and you’ve suffered only minimal physical damages. You may decide to just assert a claim for the property damage that was done, instead of also including a physical damage complaint too. While a car accident is a common type of personal injury claim, you can choose to only bring the property damage portion of that claim as part of a lawsuit.

While you’re certainly allowed to divide up your claims after a situation like a car crash, it may also be a good idea to include some type of demand for your physical damages, even if it’s slight. It’s much easier to assert all of your losses at one time than to try to bring a case later. You can talk through this type of decision with your attorney as part of your case evaluation process.

Regardless of what type of personal injury claim you may have, John Foy & Associates can help. Our team can help you determine whether you have a legal claim and what you should do next. Fill out the form to your right, or call us at 404-400-4000 to get your FREE consultation today.