A recent Georgia Court of Appeals ruling made it clear that persons with potential personal injury claims against a county in the State of Georgia must present their claims in writing to the county in the manner prescribed by law within 12 months of the injury date. The statute of limitations or time limit for personal injury lawsuits in Georgia, barring exceptional circumstances, is 2 years after the injury. In the case recently decided, the injured party filed their personal injury case against the county more than 22 months after an automobile collision with a county police vehicle. The Court of Appeals ruled that the claims of the injured person expired when the time for providing the county written notice of the personal injury claim, which was 12 months, passed without the injured person giving the county proper written notice of their claim. It is true that the 2 year statute of limitations for filing a personal injury action applied to the case against the county, but the prerequisite for filing a personal injury lawsuit against a county is providing prior written notice of the claim in the manner prescribed by Georgia statute. The lesson to be learned for Georgia personal injury victims whose cases involve governmental agencies who caused the injury is to seek the counsel of an attorney at your earliest convenience. Special rules apply to cases against governmental entities. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss your case with an attorney.
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Is there any insurance that may cover injuries to a pedestrian hit by a car that leaves the scene of the accident?
Yes. The pedestrian’s automobile policy may provide coverage under the uninsured motorist provisions of the policy. Please read the policy and comply with the terms of the policy concerning reporting the incident to your insurance company. Short reporting time periods may be applicable. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss your case with an attorney.
In Georgia, can a person sue a Georgia county or city for personal injuries as the result of improper medical care while in their jail?
Yes. Failure to provide proper medical care to a prisoner while he/she is in the custody of a Georgia city, a Georgia county, or the State of Georgia, can result in a personal injury lawsuit for damages against the responsible governmental entity that has custody of the prisoner. In such cases, the city, county, and state do not have immunity protecting them from a lawsuit. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with an attorney.
Georgia court holds medical doctors liable for a patients suicide that was caused by unbearable pain from a botched medical procedure.
The Georgia Court of Appeals in a recent decision upheld a jury’s wrongful death verdict against certain medical doctors and their medical clinic for treatment that began with a botched injection into the knee of a 86 year old patient that resulted in an infection and unbearable pain that led her to jump to her death from her 14th floor apartment. The patient left a note at her apartment “pain in leg… I can’t take it no more…better to die…I’m sorry.” This case is an example of how a medical provider may be held responsible for the damages caused by its medical negligence. It is also an example of a case where the family or friends of a victim of medical malpractice may not recognize the extent of a medical provider’s responsibility for their actions and the importance of having a seasoned attorney review the facts of the case. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss your case with a lawyer.
Can the State of Georgia be sued for personal injuries or wrongful death due to negligence?
Yes, in certain circumstances. However, a prerequisite that has to be satisfied before a suit can be filed against the State of Georgia for negligence is to provide the State of Georgia written notice of the particulars of the claim within twelve months after the incident that your claim is based against the State of Georgia. The notice is referred to as an ante litem notice. The legal requirements of what needs to be contained in the ante litem notice to the State of Georgia must be strictly complied with in order for it to be effective. If the requirements set out by law for what must be contained in your ante litem notice are not met, then your claims against the State of Georgia will be subject to dismissal. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.
Can a city in Georgia be sued for personal injuries, wrongful death, or property damage due to negligence?
Yes, in certain circumstances. However, a prerequisite that has to be satisfied before a suit can be filed against a municipality or city in Georgia is to provide the city written notice of the particulars of the claim within six months after the incident that your claim is based against the city. The notice is referred to as an ante litem notice. The legal requirements of what needs to be contained in the ante litem notice to the city must be strictly complied with in order for it to be effective. If the requirements set out by law for what must be contained in your ante litem notice are not met, then your claims against the city will be subject to dismissal. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss the facts of your case with a lawyer.