What are Tort Laws in Georgia and How Do They Differ Around the United States?

Contrary to popular belief, the word “tort” has nothing to do with pastries, cakes or other baked goods. According to Georgia law, a tort is an intentional or unintentional act of negligence that results in injury or harm to another person or property.

A tort isn’t always a crime. Causing an accident while drunk driving is likely to be considered a crime, but it can also become a tort if the plaintiff (the victim of the accident) seeks financial compensation for the damages they suffered. These tort cases are handled by a civil court instead of a criminal court and are brought by plaintiffs (victims) instead of state or federal prosecutors.

Many negligent acts resulting in injuries or harm aren’t necessarily considered crimes. Even if a negligent action is criminal, the criminal justice system imposes penalties and isn’t primarily concerned with compensating victims for their losses. Tort law ensures people are compensated appropriately when an unjust action results in physical, financial and emotional damage or trauma.

Knowing more about tort laws can help you recover damages if you’ve fallen victim to someone else’s negligent actions.

What Are the Different Tort Categories?

Generally, tort cases can be either intentional or unintentional. Many wrongful acts are likely to be considered both criminal and intentional tort cases. Examples of these include acts like physical assault, sexual assault, fraud and trespassing. Other situations, such as defamation or negligence, may not be considered crimes, but you can still seek financial damages in a civil court if you fall victim to these acts.

People who commit negligence have no overt intentions of hurting anyone but do neglect their assumed duty of care. These duties of care exist in nearly every facet of life, whether you’re driving, working or hosting someone in your home. Examples of unintentional tort cases include car accidents, slip and fall accidents, medical malpractice, pedestrian accidents and more. In all those scenarios the at-fault party failed to uphold their implied duty of care, causing the plaintiff’s injuries.

How Do I Know I Have a Valid Tort Claim?

If you’ve been injured because of someone else’s ill will or negligence, your claim will more than likely have to meet the following four conditions to be eligible for financial compensation:

1. Liability: This means that the defendant has broken a rule or failed to uphold their duty to you. For example, a driver ran a red light (failing to follow traffic laws) and as a result T-boned another driver.
2. Damages: The driver of the T-boned vehicle required emergency surgery, a hospital stay and missed work for a month. There were significant financial repercussions due to an injury caused by another person’s negligence.  
3. Causation: The defendant’s negligent action (running a red light) led to the accident and the plaintiff’s physical injuries.
4. Collectability: As a plaintiff you’re entitled to collect damages for the medical bills, lost wages or any other related expenses you incurred due to your injuries.

What if the Negligent Party Has No Insurance?

This is a common problem, especially in car accident cases. You might be entirely justified in filing a lawsuit against a driver who ran a red light and hit you, but they need assets or insurance to compensate you. If an uninsured driver hit you and they don’t own any property and are living paycheck to paycheck, there’s a high likelihood that you won’t be able to win any significant damages from them in court.

Businesses are normally covered by significant liability policies, which is why you may have a better chance of recovering damages if you were injured in a slip and fall in a store or in a car accident with a fleet vehicle. Homeowners insurance also offers liability protection for policyholders.

If you’re a Georgia driver, you may want to consider learning about uninsured/underinsured motorist coverage. This type of insurance is specifically designed to help cover your medical bills if someone without insurance ever causes an accident and you can’t successfully file a tort claim. 

Get Help with Your Personal Injury Case With the Cotto Law Group

If you’re in or around Duluth and are dealing with the aftermath of a personal injury, you may benefit from hiring a personal injury attorney to guide you through the tort process so you can recover the compensation you deserve.

Don’t hesitate to call us at (770) 817-7581 for a free consultation.