What is the Bodily Injury Threshold in Georgia?
Suppose you were recently injured in a car accident in Georgia. In that case, you might be wondering if there are certain criteria you have to meet in order to file a lawsuit for compensation. Does Georgia have a bodily injury threshold, and if so, how might that impact your case?
There is no bodily injury threshold victims have to meet in order to file a car accident lawsuit in Georgia. That’s because Georgia is a fault state for car accidents, meaning drivers don’t have to get personal injury protection insurance and file a bodily injury claim with their carrier to recover compensation. Instead, victims can sue a negligent driver, regardless of the severity of their injuries. Still, establishing bodily injury is important when attempting to recover compensation in a lawsuit. Suppose you can’t prove that a negligent driver caused your bodily injuries or how those injuries have impacted your life. In that case, you may not be able to recover the compensatory damages you need to heal after a car accident in Georgia.
Is There a Bodily Injury Threshold in Georgia?
No-fault states have bodily injury thresholds for personal injury cases arising from auto accidents. Victims’ injuries must meet or surpass this threshold to file a lawsuit for compensation against a negligent party. In Georgia, that’s not the case.
Georgia is a fault state for auto accidents. This means that victims can file a lawsuit against a negligent driver if they sustain damages in an accident without jumping through additional hoops. Several states are no-fault states, meaning victims must purchase and maintain a form of personal injury protection insurance and use that as their primary source of compensation unless they sustain certain injuries. This is known as a serious injury threshold or bodily injury threshold.
Georgia is not one of those states. That means you can file a lawsuit against a negligent driver if you are injured in an accident or sustain other damages like property damage. You don’t need to meet additional requirements to sue because Georgia has no bodily injury threshold. This enables victims to more easily recover the compensation they deserve through a lawsuit without having to deal with insurance companies following an accident in Georgia.
While there isn’t a bodily injury threshold in Georgia, and drivers aren’t required to purchase personal injury protection insurance, drivers must have liability insurance. In Georgia, the minimum liability insurance limits for bodily injury are $25,000 per person and $50,000 per accident.
Does the Extent of Bodily Injuries Matter in a Georgia Lawsuit?
Although Georgia is a fault state for auto accidents and doesn’t have a bodily injury threshold for lawsuits, the severity of a victim’s injuries might matter in their case. Generally, the more severe a victim’s injuries are, the greater compensation they can recover in a lawsuit against a negligent party.
While there are no specific injuries victims must sustain in order to file a car accident lawsuit in Georgia, the severity of bodily injury may factor into a case. For example, more severe injuries typically have a greater impact on victims emotionally, financially, and physically. These cases might be more compelling to judges and juries, resulting in greater damages.
That said, you can still sue a negligent driver for compensation if they caused you injuries of any kind in Georgia. Even seemingly minor injuries, like scrapes, burns, and whiplash, might worsen over time if victims don’t seek immediate medical treatment. Not to mention, victims shouldn’t have to foot the bill for any car accident injuries they didn’t cause.
So, while the severity of bodily injuries will likely result in greater compensation for car accident victims in Georgia, that doesn’t mean victims can’t or shouldn’t sue for lesser injuries. That said, it can be difficult for victims to know when to file a lawsuit based on their injuries and course of treatment. To get a better idea of whether or not to sue based on your injuries and an at-fault party’s negligence, speak with an attorney.
Proving Bodily Injury and Damages in Georgia
Just because Georgia doesn’t have a bodily injury threshold for car accidents doesn’t mean that victims don’t have to demonstrate the extent of their injuries and the cause of their injuries in a lawsuit against a negligent driver. Proving bodily injury is paramount to recovering compensation after a car accident in Georgia.
In order to claim the damages you deserve following a collision in Georgia, you have to prove that you sustained a bodily injury because of a negligent driver. Typically, the best way to accomplish this goal is by seeking help from an attorney. Your car accident law firm in Atlanta can help you gather medical records and other evidence that prove the extent of your injuries and the fault of a negligent driver.
In addition to proving fault, you must also provide proof of damages. This allows you to estimate the compensation you deserve based on the damages you incurred. Regarding recovery for bodily injury, victims should keep all records of medical bills following an accident. Victims should also keep track of their lost wages and other out-of-pocket expenses.
While serious injuries often affect victims physically and financially, they can also impact victims’ emotional and mental well-being. The lack of a bodily injury threshold in Georgia allows victims to recover compensation for pain and suffering more easily in a lawsuit against a negligent driver. There is no limit on non-economic damages for pain and suffering in car accident lawsuits in Georgia, meaning you can recover the appropriate amount reflective of your injuries and their impact on your life.
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