When it comes to injuring others, there are two types of injuries: intentional
injuries and accidental injuries. In the first category, the at-fault
party would likely be facing criminal charges for assault, battery, manslaughter
What about accidental injuries? If someone seriously injures someone else
by “accident,” can they face criminal charges? It all depends
on the applicable laws. Sometimes, an at-fault party can be prosecuted
in criminal court and they can face a
personal injury lawsuit filed against them by the injured party.
A good example of this would be a
drunk driving accident that left an innocent person paralyzed from the waist down. Not only would
the drunk driver face criminal charges (because drunk driving is against
the law), the other driver can sue the drunk driver for damages.
Other times, the at-fault party will NOT face criminal prosecution; however,
that does not mean they are off the hook. In many accidental injury or
death cases, the injured party can file a civil lawsuit against the at-fault
party to collect damages for medical bills, pain and suffering, and lost
Let’s say that a child
drowned in a backyard swimming pool. In this case, the nanny was watching the
two-year-old swim in her pool while the parents were away at work. The
nanny went inside to fix the child’s lunch, leaving him unsupervised
for five minutes. When she came back, the child was floating lifeless
in her pool.
Though she was responsible for the child’s accidental death, she
didn’t necessarily commit a crime. In this case, the child’s
parents can sue the nanny for their toddler’s
wrongful death. Usually, a claim of this nature would be filed against the homeowner’s
(the nanny) property insurance policy.
Georgia’s Statute of Limitations
If you were injured in a car accident, a
pedestrian accident, or because of a dangerous
dangerous dog, or hazardous property condition, you must file a claim within Georgia’s
statute of limitations, which is
the deadline for filing a claim. If you delay and you file after this time period expires,
the court will deny your claim and you will have no legal recourse.
In Georgia, you must file a personal injury claim within
two years. If the injury claim is against a city or county, you have just
six months to file a claim; however, you do have
two years for claims filed against the state.
You may have heard how some states have “damage caps” in personal
injury cases, which limit how much victims can collect in personal injury
claims. Fortunately, Georgia does not have a cap on damages for personal
medical malpractice cases. This is because in 2010, the Georgia Supreme Court ruled that imposing
such caps would violate people’s rights to a trial by jury under
the state’s constitution.
Looking for a top-rated Marietta personal injury attorney to represent you?
Contact our office for a free case evaluation!