Articles Tagged with Georgia Personal Injury Lawyers

The Georgia Supreme Court buidlingMost non-lawyers are very hesitant to go to court, hoping that their case will quickly settle. We previously wrote about when you should consider settling in your personal injury case. But what happens if settlement isn’t an option? Why do you have to go to court, when other claims simply get paid? In this post, we’ll discuss some of the situations where going to court may be your only option.

The Parties Cannot Agree on Liability

The first step in any personal injury case is determining who was at fault for the accident. In some cases, liability is obvious – someone who ran a red light and caused an accident because they were texting on their smartphone was obviously negligent. In other cases, it can be a lot harder to determine who was at fault. This may be because the facts are in dispute, people don’t know what really happened, or both parties believe the other to be at fault. It may ultimately require a judge or a jury to decide who was at fault in the accident.

lawyer standing next to a gavel with the scale of justice behind himPersonal injury cases fall under the umbrella category of what is referred to as “tort law.” A tort is “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.”

Most personal injury cases are based on a negligence theory, claiming that the at-fault person failed to take reasonable care, thus leading to the accident. The at-fault person didn’t mean to cause the accident, it just sort of happened. The question then becomes whether the accident would have happened if they had been more careful.

But what happens when that person did something on purpose that caused the accident?

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