Glossary

An accident is an unexpected event that causes injury, death, or property damage. When another person or party’s negligence contributes to the accident, the injured party may have the right to pursue compensation through a personal injury claim.

An affidavit is a written statement of facts that a person swears or affirms to be true under oath. Affidavits are commonly used in personal injury cases to support legal filings, present evidence, or verify important information.

An answer is the legal document a defendant files in response to a complaint. It responds to each allegation and may include defenses or other reasons the defendant believes they should not be held liable.

An ante litem notice is a written notice required before filing certain claims against a government entity in Georgia. It informs the agency of the claim and provides an opportunity to investigate before a lawsuit is filed.

An appeal asks a higher court to review a trial court’s decision. Rather than holding a new trial, the appellate court looks at the record to decide whether the law was applied correctly or whether legal errors affected the outcome.

Arbitration is a form of alternative dispute resolution in which a neutral third party hears evidence and issues a decision. Depending on the agreement, arbitration may be binding or non-binding and can help resolve disputes without going to trial.

Assumption of risk is a legal defense that may apply when someone knowingly and voluntarily accepts the dangers associated with a particular activity. In some cases, this defense can reduce or prevent recovery for injuries.

In a personal injury case, the burden of proof falls on the injured party. They must present enough evidence to show that it is more likely than not that the other party is legally responsible for their injuries.

Catastrophic injuries are severe injuries that can have lasting effects on every aspect of a person’s life. They often require ongoing medical treatment and may leave someone with permanent disabilities. Examples include traumatic brain injuries, spinal cord injuries, severe burns, and amputations.

Actual cause, also known as cause, refers to the direct link between a person’s actions and another person’s injury. It asks whether the injury would have occurred “but for” the person’s conduct.

Proximate cause refers to the link between someone’s actions and another person’s injuries. In other words, the injury must be a foreseeable result of what happened, rather than the result of an unrelated event.

A claim is a formal request for compensation after an injury or loss. Personal injury claims are typically filed with an insurance company and may later become a lawsuit if the parties cannot reach a fair settlement.

If someone else’s negligence caused your injuries, you may be entitled to compensation. This financial recovery can help pay for medical expenses, lost wages, property damage, pain and suffering, and other losses related to the accident.

O.C.G.A. § 51-12-4 allows an injured person to seek compensation for the losses caused by another party’s wrongful conduct. In Georgia personal injury cases, compensatory damages are intended to make the injured person financially whole, as nearly as money can.

A civil lawsuit begins when the plaintiff files a complaint with the court. The complaint outlines the facts of the case, explains the legal claims being made, and describes the compensation or other relief the plaintiff is seeking.

With a contingency fee, you don’t pay attorney’s fees upfront. Instead, the attorney is paid a percentage of the settlement or verdict only if they recover compensation for you.

A damages cap is a legal limit on the amount of compensation that may be awarded for certain types of damages. Whether a damages cap applies depends on the type of claim and the laws governing the case.

Economic damages compensate an injured person for measurable financial losses resulting from an accident. These damages may include medical bills, lost wages, rehabilitation costs, future medical expenses, property damage, and other out-of-pocket expenses.

Non-economic damages compensate an injured person for losses that do not have a specific financial value. These damages may include pain and suffering, emotional distress, loss of enjoyment of life, permanent disability, and other intangible effects of an injury.

Punitive damages are awarded in limited cases to punish a defendant for especially reckless, willful, or malicious conduct and to discourage similar behavior in the future. Unlike compensatory damages, they are not intended to reimburse an injured person’s losses.

Wrongful death damages compensate eligible surviving family members for losses resulting from a loved one’s death caused by another party’s negligence or wrongful conduct. Depending on the circumstances, damages may include both financial losses and the full value of the decedent’s life as recognized under Georgia law.

A defendant is the individual, business, or other entity accused of causing harm or being legally responsible for another person’s injuries. In a personal injury lawsuit, the defendant responds to the plaintiff’s allegations and defends against the claim.

Before filing a lawsuit, an attorney may send a demand letter to the insurance company or at-fault party. The letter describes the accident, explains why the other party is responsible, and requests a specific settlement amount.

A deposition is a question-and-answer session that takes place before trial. Witnesses answer questions under oath while a court reporter creates an official record that may be used later in the case.

Under Georgia case law, a vehicle owner may be entitled to recover the difference between a vehicle’s market value before a collision and its value after repairs are completed. Because an accident becomes part of the vehicle’s history, it is generally worth less than a comparable vehicle that has never been involved in a collision.

Discovery is the pretrial process in which both sides exchange information and evidence relevant to a lawsuit. It may include written questions, document requests, depositions, and other methods used to prepare each party’s case.

The duty to mitigate requires an injured person to take reasonable steps to minimize the harm caused by an accident. For example, promptly seeking appropriate medical treatment can help prevent injuries from worsening and support a claim for damages.

Every personal injury case depends on the strength of the evidence. Medical records, photographs, surveillance footage, witness testimony, expert opinions, and other documents can all help show what happened and who may be responsible.

A free case consultation gives you the chance to speak with a personal injury attorney about your situation at no cost. You can ask questions, learn about your legal options, and find out whether you may have a case.

O.C.G.A. § 50-21-20 et seq. allows individuals to pursue certain claims against the State of Georgia for injuries caused by the negligent acts or omissions of state officers or employees acting within the scope of their official duties.

Under O.C.G.A. § 40-6-189, a Super Speeder is any driver convicted of speeding at 75 mph or more on a two-lane road or 85 mph or more on any road or highway. This is an administrative designation from the Georgia Department of Driver Services (DDS) that carries additional consequences beyond the speeding conviction.

Insurance is a contract in which an insurance company agrees to provide financial protection for covered losses in exchange for premium payments. In personal injury cases, insurance policies often determine the compensation available after an accident.

An insurance adjuster reviews claims on behalf of an insurance company. They investigate the accident, examine the available evidence, and decide how much the insurer believes it should pay under the terms of the policy.

Bodily injury liability coverage is part of an auto insurance policy that helps protect you if you’re responsible for someone else’s injuries in a crash. The amount it pays depends on the policy’s coverage limits.

Collision coverage helps pay to repair or replace your vehicle after a crash, no matter who caused the accident. Because it’s optional coverage, the amount paid is generally subject to your deductible and policy limits.

Comprehensive coverage helps pay for damage to your vehicle caused by something other than a collision. This may include theft, vandalism, fire, hail, falling objects, or damage caused by hitting an animal, depending on your policy.

Medical Payments coverage, or MedPay, helps pay medical expenses for the policyholder and passengers injured in a motor vehicle accident, regardless of fault. Coverage typically applies up to the policy limits for eligible medical costs.

Personal injury protection (PIP) is insurance coverage that pays certain medical expenses and other losses after a motor vehicle accident, regardless of fault. Although required in some states, Georgia generally does not require PIP coverage.

If you cause an accident that damages someone else’s vehicle or property, property damage liability coverage may help pay for the repairs or replacement costs. The amount available depends on your policy’s coverage limits.

Uninsured/underinsured motorist (UM/UIM) coverage helps protect drivers who are injured by someone with no insurance or insufficient liability coverage. Depending on the policy, it may help pay for medical expenses, lost income, and other damages.

Insurance negotiations are discussions between the injured person’s attorney and the insurance company to reach a fair settlement. These negotiations typically involve liability, medical records, damages, and other evidence supporting the claim.

Insurance policy limits are the maximum amounts an insurance company will pay for a covered claim. The available compensation in a personal injury case may be affected by the at-fault party’s policy limits and any other applicable insurance coverage.

Insurance tactics are strategies an insurance company may use when evaluating or negotiating a claim. These may include disputing liability, questioning injuries, requesting recorded statements, or offering settlements that do not fully reflect the claim’s value.

A judge oversees court proceedings, interprets and applies the law, rules on legal issues, and ensures that cases are handled fairly. In a personal injury case, a judge manages the litigation process and may decide certain matters before trial.

A judgment is the court’s final decision resolving a legal dispute. It may determine liability, award damages, or dismiss the case, depending on the facts, the applicable law, and the outcome of the proceedings.

A jury is a group of citizens selected to hear evidence and decide factual issues in a trial. In a personal injury case, the jury determines liability and, when appropriate, the amount of damages to award based on the evidence presented.

A lawsuit is the formal process of asking a court to resolve a legal dispute. In a personal injury case, it allows an injured person to seek compensation when a fair settlement cannot be reached.

A letter of protection is an agreement between an attorney and a medical provider stating that medical bills will be paid from any future settlement or verdict. It may allow an injured person to receive treatment while a personal injury claim is pending.

Liability determines who is legally responsible for an accident and the injuries that result from it. In many personal injury cases, this means proving that another person’s negligence caused the harm.

Dram shop liability applies in certain situations when a business or individual provides alcohol to someone who is noticeably intoxicated or underage, and that person later causes an injury. Under Georgia law, the provider may be held legally responsible in some cases.

A release of liability is a legal agreement in which one party gives up the right to pursue future legal claims against another party. Before signing a release, it is important to understand that it could permanently waive the right to seek additional compensation.

Strict liability means a person or company can be held legally responsible for certain injuries even if they were not negligent. This legal doctrine most often applies to cases involving defective or unreasonably dangerous products.

Vicarious liability means one person or business can be held legally responsible for someone else’s actions. For example, an employer may be liable for injuries caused by an employee who was acting within the scope of their job.

Maximum medical improvement (MMI) is the point at which an injured person’s medical condition has stabilized and is not expected to improve significantly with additional treatment. Reaching MMI can help evaluate the long-term effects and value of a personal injury claim.

Mediation is a form of alternative dispute resolution in which a neutral mediator helps the parties negotiate a voluntary settlement. The mediator does not decide the outcome but works to facilitate productive discussions and resolve the dispute without a trial.

A medical lien is a legal claim that allows certain healthcare providers or government programs to seek reimbursement for medical expenses from the proceeds of a personal injury settlement or court award. A lien does not prevent an injured person from pursuing compensation. No out-of-pocket cost for treatment.

A motion is a formal request asking the court to make a ruling or issue an order on a specific legal matter. Motions may address procedural issues, evidence, scheduling, or other matters that arise during a lawsuit.

A motion for summary judgment asks the court to decide all or part of a case without a trial because there are no genuine disputes over the material facts. The court determines whether one party is entitled to judgment as a matter of law.

A motion to dismiss asks the court to end a lawsuit because of a legal deficiency, such as a lack of jurisdiction or failure to state a valid legal claim. If granted, the case may be dismissed before reaching trial.

Negligence is the failure to exercise reasonable care, resulting in injury or harm to another person. To recover compensation in a personal injury case, the injured party generally must prove that another person’s negligence caused their damages.

Negligence per se is a legal doctrine that may apply when a person violates a law or safety regulation designed to protect others, and that violation causes an injury. The violation may serve as evidence of negligence under certain circumstances.

Georgia follows a contributory negligence system. An injured person may recover compensation if they are less than 50% responsible for the accident, but their recovery is reduced by their percentage of fault.

A breach of duty occurs when a person fails to meet the applicable standard of reasonable care. The injured party must show that the defendant’s actions or omissions violated the duty of care owed under the circumstances.

Causation is the connection between the defendant’s breach of duty and the injured person’s harm. To establish negligence, the evidence must show that the defendant’s conduct was a direct and foreseeable cause of the injuries.

Damages are the actual losses suffered because of another person’s negligence. These losses may include medical expenses, lost income, pain and suffering, property damage, and other financial or personal harm resulting from the accident.

Duty of care is the legal obligation to act with reasonable care to avoid causing harm to others. Establishing that the defendant owed the injured person a duty of care is the first element of a negligence claim.

Gross negligence is conduct demonstrating a substantial disregard for the safety or rights of others. It involves more than ordinary carelessness and may support additional legal remedies under certain circumstances.

A personal injury attorney represents individuals who have been injured because of another person’s negligence or wrongful conduct. These attorneys help clients pursue compensation through insurance claims, settlement negotiations, and, when necessary, litigation.

Personal injury law is the area of civil law that allows injured individuals to seek compensation for losses caused by another party’s negligence or wrongful conduct. It covers a wide range of accident types and injury-related legal claims.

A plaintiff is the person or party who files a lawsuit seeking compensation or another legal remedy. In a personal injury case, the plaintiff alleges that the defendant’s negligence or wrongful conduct caused their injuries and resulting damages.

Preponderance of the evidence is the standard of proof used in most personal injury cases. It means the evidence shows that a claim is more likely true than not, even if only by a slight margin.

A product liability claim arises when a defective or unreasonably dangerous product causes injury. Manufacturers, distributors, or sellers may be held responsible for injuries resulting from design defects, manufacturing defects, or inadequate warnings and instructions.

A recorded statement is an oral account of an accident or injury given to an insurance company and preserved by audio or video recording. Because these statements may affect a claim, injured individuals should understand their rights before providing one.

A settlement is an agreement that resolves a legal claim without going to trial. In a personal injury case, the injured party typically accepts compensation in exchange for releasing the responsible party from further legal liability.

A statute of limitations is the legal deadline for filing a lawsuit. In Georgia, the time limit depends on the type of claim, and failing to file before the deadline may prevent an injured person from pursuing compensation.

A subpoena is a legal document requiring a person to testify, produce documents, or provide other evidence in a legal proceeding. Failure to comply with a valid subpoena may result in legal consequences.

Subrogation is the legal right of an insurance company to seek reimbursement from the party responsible for an injury or loss after paying benefits to its insured. It can affect the amount of a personal injury settlement.

O.C.G.A. § 40-6-241 makes it illegal for drivers to hold a cellphone or other electronic device while driving in Georgia. Instead, drivers must use hands-free technology for calls, navigation, and other permitted functions. The goal of the law is simple: reduce distracted driving and make Georgia’s roads safer.

A tort is a civil wrong that causes injury or harm to another person and gives rise to a legal claim for damages. Personal injury cases are generally based on tort law, including claims involving negligence and wrongful conduct.

A trial is a formal court proceeding in which the parties present evidence and legal arguments to resolve a dispute. Depending on the case, a judge or jury determines liability and any damages that should be awarded.

A bench trial is a trial decided by a judge rather than a jury. The judge evaluates the evidence, determines the facts, applies the law, and issues a final decision in the case.

A jury trial is a court proceeding in which a group of citizens hears the evidence and decides factual issues in a case. The jury determines liability and, when appropriate, the amount of damages to award.

A verdict is the formal decision reached by a judge or jury at the conclusion of a trial. It determines the outcome of the case, including whether the defendant is legally responsible and whether damages should be awarded.

Voir dire is the process of questioning prospective jurors before a trial. The goal is to identify potential bias and select a fair and impartial jury to hear the case.

A witness is a person who provides testimony or evidence about facts relevant to a legal case. Witnesses may include individuals who observed the accident, those with knowledge of important events, or experts offering specialized opinions.

An expert witness is a qualified professional who provides specialized knowledge to help explain complex issues in a legal case. In personal injury claims, experts may testify about medical conditions, accident reconstruction, economics, or other technical subjects.

A wrongful death claim arises when a person’s death is caused by another party’s negligent, reckless, or intentional conduct. Eligible surviving family members may seek compensation for the financial and personal losses resulting from their loved one’s death.