We are proud to be able to provide outstanding legal representation of our personal injury attorneys to our clients involved in Tort cases. Understanding which situations call for the representation of a personal injury law firm is not always clear. By understanding the specific boundaries and rules that make up Tort Law in the state of Georgia, an individual can properly determine if they have a valid claim and if they need to retain a qualified personal injury attorney today.

What Is Tort?

To understand Tort Law, it is important first to understand what a “tort” is. First and foremost, a “tort” can be defined as a civil wrongdoing. This wording separates tort cases from criminal wrongs, which involve the breaking of criminal laws, with actions such as theft or assault.

Intentional and Negligent

Although Tort Law can encompass a vast array of civil wrongdoings, there are generally two types of tort in which a personal injury attorney can build a case. The first, known as an intentional tort, deals with actions whereupon the defendant took purposeful actions to commit the wrongdoing.

On the other hand, the other type of tort, known as a negligent tort, often involves physical harm done to one person due to the actions of another, whether these actions were purposeful or not. In dealing with this type of tort, defendants can be charged despite the intent of their tortious action.

Strict Liability

Though personal injury attorneys often deal with intentional and negligent torts, a skilled attorney will also be knowledgeable in the Tort Law surrounding product liability. This type of tort generally centers around a business’s responsibility to keep their products safe for the public market. For example, a tort involving a product liability claim would involve a fast food restaurant over-heating its coffee and injuring a customer who attempted to drink the product and became burned. These type can sometimes be high profile cases, involving the entirety of a personal injury law firms. For these types of claims In the state of Georgia, a plaintiff has ten years to make a claim from the time the product is used or purchased.

Building A Case

Once deciding what type of tort claim to pursue, it is important to understand what elements encompass a tort. Four essential elements comprise the basis of a tort case. These elements can be broken down into two specific groups. In the first group, 1) duty and 2) a breach of said duty are examined. These elements allow a personal injury attorney to question if there was a reasonable expectation of responsibility and how the defendant failed to meet this responsibility.

On Proximate Causation and Damages

If the first group of elements is known for setting up the tort case, the second group is known for examining the depth and consequence of the tort. In this set, the third element, 3) causation, refers directly to what the breach of duty “caused.” Once this causation element is proven, the fourth element, 4) damages, can be discussed. Ultimately, breaking down these elements, the attorney asks how the plaintiff was harmed and how much compensation is needed for the plaintiff to recover justice?

Georgia Rule

In Georgia, the tort law recognizes two distinct notes for potential plaintiffs to consider when considering a civil case. The first note state that in order to form a proper tort action, all four of the elements discussed above must be present. Secondly, in Georgia, there is no cap on damage claims, meaning there is no set limit for monetary recovery from damages.