Personal Injury Glossary

This occurs when a driver engages in reckless behaviors like tailgating, speeding, weaving through traffic, or road rage. These actions increase the likelihood of collisions and often result in serious injuries or fatalities.

A type of crash that happens because a driver doesn’t give the right-of-way as required by law, such as at intersections, crosswalks, or merge points. These incidents frequently involve pedestrians, cyclists, or vehicles with lawful priority.

Two vehicles collide front-to-front, often while traveling in opposite directions. Because of the direct force, these are among the most dangerous types of crashes.

A driver leaves the scene without identifying themselves or helping the injured, which is illegal in Georgia. Victims may still be eligible for compensation through uninsured motorist coverage or legal action.

An accident caused by a person operating a vehicle while under the influence of alcohol, drugs, or other substances that diminish judgment and reaction time. This dangerous behavior is a leading cause of preventable crashes and is punishable under Georgia law.

Three or more vehicles are involved in a chain of impacts, often creating complex questions of fault. These crashes frequently occur in heavy traffic or during poor weather conditions.

When one vehicle strikes the back of another, the impact often results in neck or spinal injuries due to sudden force. These crashes are commonly caused by distracted driving, speeding, or tailgating.

A vehicle tips onto its side or roof, typically due to sharp turns, high speeds, or loss of control. These incidents are particularly dangerous in SUVs and can lead to ejection or crushing injuries.

Two vehicles traveling next to each other make contact along their sides, often when changing lanes without clearance. This kind of crash can lead to further collisions if one driver loses control.

Only one car is involved, typically due to hitting an object, losing control, or veering off the road. Even without another driver, injuries and liability issues can be serious.

This type of crash involves the front of one vehicle hitting the side of another, usually at an intersection. The side impact can lead to serious injuries for occupants sitting on the struck side.

Accident reconstruction is a specialized investigative process used to determine how and why a crash occurred. In Georgia personal injury cases — especially those involving serious injuries or disputed liability — this analysis can be crucial for proving fault. Key elements involved in a reconstruction often include vehicle damage patterns, skid marks and road debris, Event Data Recorder (EDR) data, scene measurements, and 3D simulations.

The Crash Severity Index (CSI) is a technical rating used to assess the impact force and damage potential of a motor vehicle accident. It typically combines data like speed at impact, vehicle weight, direction of force, and structural deformation to estimate how severe a crash was, and by extension, how serious the injuries could be.

An incident where a vehicle causes another vehicle to crash or injures a pedestrian without physically touching them — like swerving into their lane or forcing evasive action. Still potentially actionable under Georgia negligence laws.

A police report is an official document created by law enforcement that details the facts, observations, and parties involved in an incident such as a car accident or crime. In Georgia, police reports are typically filed by the responding officer and can be requested by involved parties through the local agency or the Georgia Department of Transportation’s crash report system.

A T-bone car accident, also known as a side-impact collision or broadside collision, occurs when the front of one vehicle collides with the side of another vehicle, forming a “T” shape at the point of impact. These types of accidents most commonly happen at intersections, parking lots, or when one vehicle fails to yield the right-of-way, and they often result in significant damage and serious injuries due to the limited crumple zones on the side of a vehicle.

This refers to unsafe or poorly maintained conditions in areas designated for cyclists, such as broken pavement, missing signage, or obstructed paths. Under Georgia law, a government entity or property owner may be held liable if negligence in maintaining these public areas contributes to a cyclist’s injury.

This occurs when a motor vehicle unlawfully enters or blocks a bike lane, endangering cyclists’ right to safe passage. Georgia law prohibits drivers from using marked bike lanes for driving or parking, and violations may result in fines or legal liability in the event of a crash.

This is the designated space, often marked by painted lines or physical barriers, between a bike lane and adjacent motor vehicle traffic. In Georgia, the presence or absence of an adequate buffer can factor into liability when determining fault in collisions involving cyclists and cars.

Legal responsibility arises when a cyclist using a rented bike is injured due to equipment failure, unsafe road conditions, or third-party negligence. Under Georgia law, liability may fall on the rider, the bike share company, or even a municipality, depending on the circumstances and maintenance of the equipment.

A cyclist’s duty of care refers to the legal responsibility of bicyclists to operate their bikes in a safe and reasonable manner, obeying traffic laws and taking precautions to avoid harming themselves or others. In Georgia, this includes riding with traffic, using signals, and yielding when required, just as a motorist would.

Dooring is a type of bicycle accident that occurs when a vehicle occupant opens a car door into the path of an oncoming cyclist, causing a collision. This often happens in urban areas and can lead to serious injuries for the bicyclist, who may have little time or space to react.

Georgia law requires bicycles operated at night to have a red reflector mounted on the rear that is visible from at least 300 feet when illuminated by vehicle headlights. Failure to comply with this safety regulation can impact liability in an accident and may result in traffic citations.

In many Georgia cities, riding a bicycle on the sidewalk is prohibited, especially in business districts, to protect pedestrians and ensure safe traffic flow. Violating local ordinances may result in fines and can affect fault determinations if a collision occurs.

Within 48 hours of a boating accident in which anyone dies or is seriously injured, disappears from the vessel, or property damage exceeds $2,000, Georgia’s Department of Natural Resources requires the filing of a Boating Accident Report. Contact the Georgia Department of Natural Resources Law Enforcement Division.

A Boating Under the Influence (BUI) violation in Georgia occurs when a person operates a vessel while impaired by alcohol, drugs, or other intoxicants. Under O.C.G.A. § 52-7-12, it’s illegal to operate any watercraft with a blood alcohol concentration (BAC) of 0.08% or higher for adults, any amount of alcohol or drugs if the operator is under 21, or any noticeable impairment, regardless of blood alcohol concentration.

Penalties include fines, jail time, license suspension, and loss of boating privileges. BUI can also create civil liability if the impaired operation leads to injury or death.

The physical and mental exhaustion experienced by drivers of commercial, school, or public transit buses. Fatigue is a recognized contributor to serious bus accidents, often linked to long shifts, inadequate rest breaks, demanding routes, or violations hours-of-service regulations. Fatigued drivers may exhibit delayed reaction times, poor judgment, or even fall asleep at the wheel. If an accident occurs and fatigue is suspected as a factor, the bus company or transit authority may be held liable under negligent hiring, training, or supervision claims.

Detailed logs that track the inspection, repair, and servicing history of vehicles operated by a bus company, school district, or public transit agency. In personal injury claims, these records can be critical evidence when a mechanical failure contributes to a bus accident. If an injured party can show that poor upkeep or skipped inspections caused or worsened the crash, the bus operator or managing agency may be held liable. Maintenance records often reveal patterns of neglect, or ignored safety warnings, making them a key part of accident investigations and litigation strategy.

A High-Occupancy Vehicle (HOV) collision is a traffic accident that occurs within lanes designated for vehicles carrying multiple passengers, such as carpools or buses. These collisions can be complex due to higher speeds, limited access points, and the specific rules governing HOV lane use in states like Georgia.

An accident or injury involving specialized transportation services designed for individuals with disabilities, seniors, or those requiring mobility assistance. Because paratransit services are often operated by public agencies or private contractors under government contracts (like MARTA Mobility), claims may involve additional legal complexities. Liability may extend to the driver, transit authority, or third-party providers if it can be shown that reasonable care was not exercised.

any brain damage that occurs after birth and is not hereditary, congenital, degenerative, or induced by birth trauma. ABIs can result from various external forces like trauma (e.g., in car accidents), strokes, infections, oxygen deprivation, or tumors, leading to diverse cognitive, physical, and emotional impairments.

Injuries caused by a non-penetrating impact to the body from a forceful blow, fall, or collision. It can lead to internal organ damage, fractures, contusions, and soft tissue injuries without breaking the skin, often resulting in significant internal bleeding or swelling.

An injury resulting from the pressure wave generated by an explosion, which can cause damage to various organs, particularly air-filled ones like the lungs, ears, and gastrointestinal tract. Even without direct impact, the blast wave can lead to internal bleeding, brain injuries, and long-term functional impairments.

A significant and lasting limitation or restriction in a person’s ability to perform daily activities, work, or engage in social functions due to their injuries. It is a measurable reduction in physical or mental capabilities that directly impacts their independence and quality of life.

Permanent damage to the brain, spinal cord, or nervous system that cannot be reversed or cured, leading to lasting disabilities. It often results in chronic pain, paralysis, cognitive deficits, or loss of sensory and motor functions that significantly impact a person’s quality of life.

A comprehensive projection of the total medical and care costs a catastrophically injured individual will incur over their entire life expectancy due to their injuries. This can include expenses for ongoing medical care, therapies, medications, assistive devices, home modifications, and specialized care.

These are the continuing harms a severely injured person experiences, both financial and personal, long after the initial accident. They include future lost income because they can’t work or earn as much, the cost of all future medical care and therapies, and the persistent pain, suffering, and inability to enjoy life’s activities that will affect them for years to come.

A claim approval signifies that the at-fault party’s insurance company has accepted responsibility for the damages and injuries sustained by the claimant. This means the insurer agrees to provide compensation, usually through a settlement offer, to cover expenses such as medical bills, lost wages, and pain and suffering related to the accident. An approval generally paves the way for negotiations to determine the final amount of compensation.

A claim denial occurs when an insurance company refuses to pay compensation for the damages and injuries sustained by the claimant. This denial typically comes in a formal letter outlining specific reasons, such as insufficient evidence, disputed liability, pre-existing conditions, or missed deadlines for filing. However, a claim denial is not always the final word, and it can often be challenged through appeals or legal action with the help of a personal injury attorney.

The maximum amount of money an insurance policy will pay out for a covered claim. These limits typically specify a maximum payout per person for bodily injury, a total maximum payout for all injuries in one accident, and a separate limit for property damage, meaning any damages exceeding these caps would need to be covered by the at-fault party personally or through other available insurance.

Some situations, events, or types of damage that an insurance policy explicitly does not cover. If a car accident claim arises from a circumstance listed as an exclusion, the insurance company will deny coverage, leaving the policyholder responsible for the associated costs. Common exclusions can include damage from intentional acts, driving under the influence, using a personal vehicle for commercial purposes (like ridesharing without a specific endorsement), or damage caused by an unlisted or excluded driver.

The principle of making an injured party “whole again” by compensating them for their losses. This usually means that the at-fault party or their insurance company will indemnify the injured plaintiff by paying for their damages, such as medical expenses, lost wages, and pain and suffering, to return them to their pre-injury financial and physical state as much as possible. It can also appear in settlement agreements where the plaintiff might be asked to indemnify the defendant against potential future claims from third parties (like an insurance carrier seeking subrogation) related to the same incident, ensuring finality for the defendant.

An umbrella policy is a crucial asset that the at-fault driver might have, offering an extra layer of liability insurance beyond their standard car insurance. This means if a victim’s damages (like medical bills, lost wages, and pain and suffering) are substantial and exceed the at-fault driver’s basic car insurance limits, the umbrella policy could then provide the additional coverage needed to fully compensate them, protecting them from bearing the financial burden of their insufficient primary insurance.

A situation where the at-fault driver has car insurance, but their policy’s liability limits are not high enough to cover the full extent of the injured party’s damages, such as medical bills, lost wages, and pain and suffering. However, if you have underinsured motorist (UIM) coverage on your own policy, it can cover the remaining costs up to your own UIM policy limits, acting as a crucial safeguard to prevent you from bearing substantial out-of-pocket expenses for injuries caused by another driver’s insufficient coverage.

A situation where the at-fault driver either has no car insurance at all or cannot be identified, as in a hit-and-run accident. If you have UM coverage on your own insurance policy, it will step in to cover your medical expenses, lost wages, and other damages, essentially acting as if the uninsured driver had a policy to pay for your injuries, up to your own UM policy limits. Because an estimated 12% of drivers on Georgia’s roads are uninsured, this coverage is crucial for protecting yourself from significant financial hardship.

The legal process where a court determines whether a case meets the legal requirements to proceed as a class action, including having similar claims and a suitable representative.

A requirement showing that all class members share similar legal or factual issues, which justifies handling the case as a group. Without commonality, a class cannot be certified.

While Depo-Provera has faced significant controversy and regulatory actions, including a “black box” warning from the FDA regarding bone mineral density loss and ongoing litigation concerning meningiomas, the U.S. Food and Drug Administration (FDA) has not issued a recall for Depo-Provera (medroxyprogesterone acetate) itself. However, there have been instances of recalls for generic versions of medroxyprogesterone acetate injectable suspension due to issues like sterility concerns, as seen with a Class II recall by Sun Pharmaceutical Industries Inc. in June 2022. It’s crucial to distinguish between a “black box warning” – which is the FDA’s strongest warning short of a recall – and an actual drug recall, which involves removing a product from the market due to a defect or safety issue. The current legal actions against Pfizer for Depo-Provera primarily allege failure to warn, not that the drug was officially recalled by the FDA.

The U.S. Chemical Safety Board (CSB), the federal agency investigating the BioLab fire, has released several updates highlighting critical findings regarding the incident.

Also known as Class Representative, the individual or small group of plaintiffs who represent the interests of the entire class. They participate in the case and help direct the litigation.

A formal notice sent to all potential class members, informing them about the case, their rights, and how to participate or opt out.

This refers to whether members of a class in a class action lawsuit are automatically included unless they opt out (opt-out class), or must actively join (opt-in class).

In an opt-out class action (the most common type in the U.S.) individuals are automatically included as class members unless they take steps to remove themselves. Those who remain part of the class are legally bound by the outcome of the case.

In contrast, an opt-in class action requires individuals to actively join the lawsuit. Only those who opt in are considered part of the class and eligible for any potential settlement or judgment.

A pool of money agreed upon to compensate class members if the case settles or is resolved in their favor.

The Camp Lejeune Toxic Exposure Registry is a program established by the Agency for Toxic Substances and Disease Registry (ATSDR), a federal public health agency within the U.S. Department of Health and Human Services. Its primary purpose is to identify, track, and gather health information on individuals who were potentially exposed to the contaminated drinking water at Camp Lejeune between August 1, 1953, and December 31, 1987. While participation in the registry does not directly provide compensation or benefits, it serves as a vital tool for public health research, allowing ATSDR to conduct studies, assess health outcomes, and better understand the long-term impacts of the toxic water on the affected population, ultimately contributing to a broader understanding of the health consequences and informing future public health actions.

A dedicated team member who ensures each client receives timely support and stays informed throughout the legal process by coordinating communication, paperwork, and updates between the client and attorney.

This is a preliminary assessment of what a personal injury case may be worth, based on factors like medical bills, lost wages, future care, and pain and suffering. Montlick provides honest, experience-based estimates, while making clear that every case is unique and results can vary.

A detailed letter sent to the at-fault party’s insurance company, outlining the injuries, medical treatment, and financial losses a client has suffered. It includes supporting documents and requests a specific compensation amount to settle the claim.

This is a free, no-obligation meeting where a Montlick attorney reviews the facts of a potential client’s case. It’s an opportunity to ask questions, understand legal options, and determine whether the case is a good fit for representation.

Some of the most common causes of construction site fatalities and a leading cause of non-fatal injuries. Falls can occur from heights (scaffolds, ladders, roofs, elevated platforms) or on the same level (slips and trips due to debris, uneven surfaces, or wet conditions) and can be caused by factors like safety harness malfunctions or ladder misplacement.

A systematic process used to identify potential dangers associated with each step of a specific job or task on a construction site, and then determine the safest way to perform that task. It’s a proactive safety measure intended to prevent accidents, and its absence or improper execution can be central to proving negligence in a personal injury claim.

A workplace injury, illness, or fatality that meets specific criteria set by the Occupational Safety and Health Administration (OSHA) and must be logged by employers. These incidents are significant enough to require medical treatment beyond first aid, result in lost workdays, restricted work, or transfer to another job, and are often key evidence in proving a construction accident occurred.

Injuries sustained by construction workers as a result of being hit by unsecured tools or materials, swinging loads from cranes, or moving equipment and vehicles on the site. These incidents can cause contusions, concussions, fractures, or even be fatal.

In civil law, assault means intentionally making someone fear they’re about to be physically harmed. It’s different from criminal assault, which may require proof of physical violence depending on state law.

The actual physical contact or harm caused by an attacker. In personal injury cases, victims can sue for battery even if criminal charges are also filed.

A type of legal claim where someone is harmed on purpose, not accidentally. Assault, battery, and other violent acts fall under this category in personal injury law.

Also called a restraining order, this is a court order that keeps an attacker away from the victim. While it’s part of the criminal process, it often overlaps with personal injury claims involving domestic violence or stalking.

Restitution is ordered by a criminal court and paid to the victim, but it’s usually limited. Civil damages from a personal injury lawsuit can cover a wider range of losses, including emotional trauma and long-term care.

A written or spoken account from the victim describing how the assault affected their life. While usually part of the criminal process, it can support damage claims in a personal injury lawsuit.

The designation of certain dog breeds, such as Pit Bulls, Rottweilers, and Dobermans, as inherently dangerous or high-risk. While Georgia law doesn’t automatically label any breed as “vicious,” some counties and municipalities adopt local ordinances that impose stricter control measures for these breeds, such as mandatory muzzling, special enclosures, or increased liability insurance. In a dog bite claim, an aggressive breed classification can influence a jury’s perception of foreseeability and owner negligence, especially if the dog had a known history of aggression.

A signed or posted disclaimer, often by a private park, HOA, or municipality, that seeks to limit legal responsibility for injuries caused by dog interactions within the park. While the waiver might discourage lawsuits, it doesn’t fully shield the property owner or managing entity if they failed to enforce leash rules, failed to intervene in known aggression incidents, or allowed a previously reported dangerous animal onto the property. For injured victims, it’s crucial to assess the waiver’s enforceability alongside Georgia’s strict liability and “first bite” rules.

A key limitation in dog bite claims: a property owner is typically not liable if the injured person was trespassing at the time of the attack — unless the dog was classified as vicious or the owner acted recklessly. However, this exception doesn’t apply if the trespasser is a child, a mail carrier, or someone legally present like a meter reader. Additionally, if the dog was known to be dangerous or not properly secured, liability may still arise regardless of the victim’s legal status on the property.

This claim addresses the psychological and emotional distress suffered by a victim after a dog bite, even if physical injuries are minor or have healed. It seeks compensation for conditions like anxiety, fear of dogs, post-traumatic stress disorder (PTSD), nightmares, or depression resulting from the traumatic experience.

In Georgia this rule holds a dog owner liable for a bite injury; however, the injured party generally needs to show that the owner knew or should have known that their dog had a “vicious or dangerous propensity.” This knowledge is often established if the dog has bitten someone before, but it can also be proven by other signs of aggression, like aggressive growling, lunging, or a history of attacking others.

This part of a personal injury claim seeks compensation for the physical agony, discomfort, and any lasting scarring or alteration to appearance caused by the dog bite. It covers both the immediate and ongoing physical suffering, as well as the emotional impact of visible injuries like scars on the victim’s body.

The specific steps required by Georgia law after a dog bite to determine if there’s a risk of rabies transmission and to protect public health. It typically involves quarantining the biting dog, observing it for a set period, and if necessary, ensuring the bite victim receives appropriate medical evaluation and potential post-exposure treatment. Dog bite victims who are unsure of whether they have been exposed to rabies can learn about the disease on the Georgia Department of Public Health website.

This type of claim arises when a dog bite leads to secondary medical complications such as cellulitis, MRSA, or sepsis. In Georgia, the dog owner may be liable not only for the bite injury itself but also for any infections that naturally flow from that injury, even if the infection develops days later. Medical records linking the infection to the original bite are critical in proving causation and justifying extended treatment costs, lost wages, or permanent damage.

Under O.C.G.A. § 51-1-40, a business or individual can be held liable for serving alcohol if they knowingly served alcohol to someone who was noticeably intoxicated, or to a minor under 21 and knew (or should have known) that that person would soon be driving.

An FST is a series of physical and cognitive tasks — like the walk-and-turn or observation of horizontal gaze nystagmus (involuntary eye movement) — administered roadside to evaluate a driver’s sobriety. In Georgia, while participation is voluntary, results can be used in court to support DUI charges and bolster personal injury claims against intoxicated drivers.

These are observable actions by a driver that suggest impairment, such as swerving, erratic braking, or delayed response times. In Georgia, law enforcement uses these cues to establish reasonable suspicion for a DUI stop—critical for validating any evidence gathered during the arrest.

In Georgia, breath testing for suspected drunk drivers is governed by the state’s Implied Consent Law. This law states that by simply driving on Georgia roads, individuals implicitly consent to a chemical test of their breath, blood, or urine if lawfully arrested for DUI. Refusing the breath test triggers an immediate and automatic 12-month license suspension, separate from any criminal penalties for DUI, and refusal can be used as evidence in court.

Georgia prohibits open containers of alcohol in a vehicle, including in a vehicle’s passenger area. If present at the scene of an accident, an open container can serve as key evidence of impairment, supporting both criminal prosecution and a victim’s civil claim for damages.

Burn injuries from e-scooters can occur due to battery fires, overheating motors, or electrical malfunctions. These injuries may support product liability claims against manufacturers or operators if caused by defective components.

Fatigue failure happens when parts of the scooter, like the stem or deck, crack or break after repeated use. If the failure was foreseeable and not properly addressed by the company, it may be grounds for a negligence or product defect claim.

Most e-scooters record ride data such as speed, location, braking, and battery level. This digital “black box” can be crucial evidence in determining how an accident happened and whether the scooter malfunctioned.

Many scooter rental apps include a feature for users to report crashes or injuries directly through the platform. These reports can serve as early documentation of the incident and may be discoverable in a personal injury case.

Pedestrian-e-scooter collisions are a growing concern in urban areas where these devices are highly prevalent. These incidents often occur because e-scooter riders sometimes operate on sidewalks, which is generally unlawful in Georgia and reserved for pedestrians, or they fail to yield the right-of-way in crosswalks. The quiet nature of e-scooters and the sometimes high speeds they can reach mean pedestrians may not hear them approaching, leading to sudden and unexpected impacts.

Rear wheel lockup occurs when the back wheel suddenly freezes, often due to software glitches or brake issues. It can throw riders off balance and lead to serious injuries, creating potential liability for the scooter company.

These are areas, like sidewalks, private property, or restricted city zones, where e-scooters are not legally allowed. Crashes in these zones can complicate liability, especially if the company failed to geofence access or warn users properly.

An injury that happens when a gun fires unintentionally, usually while being cleaned, carried, or mishandled.
In Georgia, victims may seek damages if the shooter acted recklessly or failed to follow proper firearm safety standards.

A person hit unintentionally when caught between two or more shooters, often in chaotic or poorly controlled environments.
In Georgia, all parties who acted carelessly may be named in a lawsuit under the state’s modified comparative negligence rules.

An injury caused when a gun doesn’t work as intended, like exploding, jamming, or firing unexpectedly, due to a defect or poor maintenance. In Georgia, product liability laws may allow injured victims to file claims against the manufacturer, seller, or distributor of a defective firearm.

A legal claim filed after someone is hurt at a shooting range, usually due to poor supervision, unsafe conditions, or equipment failure. Georgia premises liability laws may apply if the range owner failed to maintain a safe environment or enforce safety rules.

When someone fires a gun by mistake or carelessly, often due to lack of training or unsafe handling, causing injury or damage. Under Georgia negligence law, a gun owner can be held liable if their failure to act responsibly leads to someone else’s injury.

Injuries caused when a bullet goes through its intended target and hits an unintended person or object. The shooter may be legally responsible if they failed to take reasonable precautions to avoid this type of harm.

Any failure to follow posted rules or standard safety practices at a gun range, which can lead to dangerous conditions and liability. Georgia courts may view safety violations as evidence of negligence when determining fault in a firearm injury case.

When a bullet or fragment bounces off a surface and strikes someone nearby, often due to unsafe shooting angles or hard surfaces. If the ricochet was caused by an unsafe setup or failure to follow safety protocols, Georgia law may support a personal injury claim.

In Georgia, the law requires that all children under the age of 8 must be properly restrained in an appropriate child passenger safety seat or booster seat. The particular kind of seat each child needs is based on their height, weight, and age.

Georgia’s “Hands-Free Law,” enacted in 2018, prohibits drivers from physically holding or supporting a wireless telecommunications device with any part of their body while operating a motor vehicle. This means drivers cannot hold their phone to make calls, text, read emails, or watch videos, even if stopped at a red light. While hands-free use for calls and GPS navigation is permitted (e.g., via speakerphone, Bluetooth, or a mounted device), the law aims to reduce distracted driving by ensuring drivers keep their hands on the wheel and eyes on the road.

The minimum liability insurance requirements for Georgia drivers (expressed as “25/50/25”) are: $25,000 for bodily injury liability per person; $50,000 for bodily injury liability per accident; and $25,000 for property damage liability per accident.

These are just the minimum requirements, but because serious accidents can easily result in damages that exceed these amounts, drivers should purchase higher coverage limits.

On March 21, 2025, Georgia Senate Bill 68 (SB 68), Governor Brian Kemp’s tort reform legislation SB 68 was passed in the Georgia Senate by a margin of 34-21. Tort reform was a signature piece of legislation for the Kemp administration, which took the side of small business owners in the state frustrated over paying large personal injury settlements in lawsuits they feel are frivolous. Legal experts and advocates warn that SB 68 could make it significantly harder for injured victims to hold wrongdoers accountable and get the compensation they need to rebuild their lives.

The statute of limitations is the legal deadline for filing a lawsuit. In personal injury cases, Georgia generally gives victims two years from the date of the injury or death to take legal action, however, some exceptions may apply. Missing this deadline can mean permanently losing the right to seek compensation.

Before a victim can file a lawsuit against a government entity, most tort claims acts require that they file a formal “notice of claim” within a very short, strict deadline (often 30, 60, or 90 days). Failure to submit this notice on time can completely bar a lawsuit.

A legal doctrine that protects government employees from being personally sued for actions taken while performing their official duties, unless they violated clearly established law. In personal injury cases, it often shields officials like police officers or public employees from liability, even if someone was harmed, as long as their conduct wasn’t blatantly unlawful.

A fundamental legal doctrine that traditionally protected government entities from being sued without their consent. While largely limited by specific laws, its remnants still influence how and when victims can sue a government entity for personal injury.

Similar to the federal government’s Federal Tort Claims Act (FTCA), most states, including Georgia, have their own versions that let people sue the government in certain situations. In Georgia, this law is called the Georgia Tort Claims Act (GTCA). It allows individuals to file personal injury claims against the state or its agencies, but only under specific rules. The GTCA is found in O.C.G.A. § 50-21-20.

A written statement of facts voluntarily made by an individual under oath or affirmation, typically witnessed by a notary public or other authorized official. In personal injury cases, affidavits may be used to support evidence or summarize witness accounts.

A formal written response filed by the defendant (or their attorney) after being served with a lawsuit, admitting or denying each allegation and often asserting affirmative defenses. This document officially begins the defendant’s involvement in the lawsuit.

A formal letter sent by the injured party (or their attorney) to the at-fault party or their insurance company, outlining the facts of the injury, the extent of damages incurred, and a specific monetary amount requested to settle the claim before filing a lawsuit.

A sworn, out-of-court testimony given by a witness or party in a lawsuit, recorded by a court reporter, and often videotaped. It allows attorneys to discover information, evaluate witness credibility, and preserve testimony before a trial.

A set of written questions sent by one party to another party, during the discovery phase of a lawsuit. These must be answered under oath within a specified timeframe. They are a common discovery tool used to gather factual information and identify potential evidence.

The authority of a court to hear and decide a particular type of case or to exercise power over certain parties or geographical areas. In personal injury claims, jurisdiction typically depends on where the accident happened and where the parties are located.

The process of taking legal action, encompassing the entire legal proceeding from the initial filing of a lawsuit through trial and any appeals. In personal injury law, it refers to the formal court process to resolve a dispute.

A legal motion asking the court to decide the case (or part of it) without a trial because the key facts aren’t in dispute. It’s often filed by the defense to try to dismiss a claim early.

An “attractive nuisance” is something on a property, such as a swimming pool, trampoline, or old equipment, that might tempt children to enter and potentially get hurt. Under Georgia law, property owners may be held liable if they knew the hazard could attract kids and didn’t take steps to secure it.

In personal injury law, causation establishes the necessary link between the defendant’s negligent actions (or inactions) and the plaintiff’s injuries. It involves both “cause in fact” (the injury would not have occurred “but for” the defendant’s actions) and “proximate cause” (the injury was a foreseeable consequence of the defendant’s actions).

A legal principle that states that a defendant is liable for the full extent of a plaintiff’s injuries, even if the plaintiff had a pre-existing condition that made them more susceptible to severe harm. Essentially, you “take your victim as you find them,” meaning if your negligence causes injury to someone with an “eggshell skull,” you are responsible for all the resulting damage, even if it was unforeseeable. In other words, the fact that a victim is more vulnerable doesn’t reduce their right to full compensation.

The cornerstone of most personal injury claims. It refers to the failure to exercise the level of care that a reasonably prudent person would have exercised under similar circumstances, resulting in harm to another. To prove negligence, a plaintiff must typically show that the defendant owed a duty of care, breached that duty, caused the injury, and resulted in damages.

This happens when a person lends an item, such as a vehicle or firearm, to another individual whom they know or should have known to be unfit, incompetent, or reckless, and that individual subsequently causes harm with the entrusted item. For example, if a car owner lends their car to a friend they know is a habitually drunk driver, and that friend causes an accident, the car owner could be held liable under negligent entrustment.

This doctrine holds employers legally responsible for the actions of their employees if the employee was acting within the scope of their job when the injury happened. For example, if a delivery driver causes an accident while on the job, their employer might be held liable for the resulting injuries, even if the employer wasn’t directly at fault.

Under strict liability, a person or company can be held responsible for causing injury even if they weren’t careless or negligent. In personal injury law, it commonly applies to cases involving inherently dangerous activities (like handling explosives) or defective products, meaning the injured party only needs to prove the defect or dangerous activity caused their injury, not that the defendant acted carelessly.

When one person or entity can be held legally responsible for the actions of someone else. In personal injury law, it often applies to employers, parents, or guardians when someone under their authority causes harm.

A type of traumatic brain injury (TBI) resulting from a sudden jolt, blow, or rapid back-and-forth movement of the head that causes the brain to impact the inside of the skull. This can disrupt normal brain function, leading to symptoms such as headaches, confusion, dizziness, memory issues, and sensitivity to light or noise, which may not appear immediately after the accident. As a TBI, a concussion can form the basis of a personal injury claim seeking compensation for medical expenses, lost wages, and pain and suffering.

A medical condition in which concussion symptoms, such as headaches, dizziness, fatigue, memory issues, and mood changes, persist for an extended period, typically weeks, months, or even years, beyond the expected recovery time for a concussion. This prolonged suffering can significantly impact a person’s daily life, work, and overall well-being, forming a substantial part of a personal injury claim for damages like medical expenses, lost wages, and pain and suffering.

A spinal cord injury (SCI) occurs when the spinal cord itself, or the nerves within the spinal canal, are damaged, for example, by the violent forces of a vehicle collision. This damage can disrupt communication between the brain and the rest of the body, leading to a range of severe, often permanent impairments, including partial or complete paralysis, loss of sensation, and loss of bodily function below the injury site. Due to their catastrophic and lifelong impact, SCIs typically involve extensive medical expenses, lost earning capacity, and significant pain and suffering, making them among the most complex and high-value personal injury claims.

A neck injury caused by a sudden, forceful back-and-forth movement of the head and neck. This rapid motion can strain or sprain the soft tissues in the neck, leading to symptoms like pain, stiffness, and headaches. It is a common injury suffered by victims of motor vehicle collisions.

In a personal injury claim, this signifies that a healthcare provider’s actions fell short of the accepted level of care expected from a reasonably competent medical professional in a similar situation, directly leading to a patient’s injury. This forms the core argument that the medical treatment provided was negligent.

This concept applies when a patient’s injury is not solely the result of medical negligence, but also partly due to their own actions or another contributing factor. In a personal injury claim, it means that responsibility for the injury might be shared, potentially reducing the amount of compensation the injured party can recover based on their percentage of fault.

This occurs when a medical condition is correctly identified, but only after an unreasonable and harmful delay, causing the patient’s injury or condition to worsen. In a personal injury claim, it is argued that this delay in diagnosis directly led to more severe health consequences or diminished recovery prospects for the patient.

This term describes a situation where a healthcare professional completely misses or misidentifies a patient’s medical condition, resulting in the patient never receiving the appropriate treatment. A personal injury case based on this claims that this complete oversight directly caused the patient’s injuries to become more severe or tragically, even fatal.

This means the hospital as an entity bears responsibility for a patient’s injury due to its own systemic failures, rather than solely the actions of an individual healthcare provider. Examples include inadequate staffing, use of malfunctioning equipment, or a failure to properly oversee its medical personnel, all of which contributed to the patient’s harm.

This happens when a medical procedure or treatment is performed without the patient’s full understanding and voluntary agreement, because they were not adequately informed of the associated risks, benefits, and alternative options. In a personal injury claim, the argument is that the patient suffered harm because they could not make a knowledgeable decision about their medical care.

Biker’s arm refers to nerve damage or paralysis in the arm caused when a motorcyclist instinctively braces for impact during a fall. This is a common injury in motorcycle crashes involving low-speed spills or collisions with vehicles. If caused by another driver’s negligence, the injured rider may recover damages for long-term impairment.

Georgia law requires all motorcycle riders and passengers to wear DOT-approved helmets. Failure to wear a helmet may reduce your compensation in a personal injury case if it contributed to the severity of head injuries. However, helmet non-use does not automatically bar recovery under Georgia law.

Lane splitting — riding a motorcycle between lanes of stopped or slow-moving traffic — is illegal in Georgia under state traffic law. If a crash occurs while lane splitting, the rider may be found partially or fully at fault. However, fault is fact-specific, and injured motorcyclists may still recover damages depending on the circumstances.

Road rash is a skin abrasion caused when a rider is thrown from a motorcycle or bicycle and slides across the pavement. In Georgia injury cases, road rash can range from minor scrapes to deep tissue damage requiring skin grafts. These injuries often support compensation claims for medical care, scarring, and pain and suffering.

ADA compliance refers to whether public spaces, facilities, and transportation systems meet the accessibility standards set forth by the Americans with Disabilities Act. If a pedestrian, particularly one with a disability (e.g., using a wheelchair), is injured due to a lack of ADA compliance (e.g., an inaccessible curb cut, damaged ramp, or missing handrail), this non-compliance can serve as strong evidence of negligence against the property owner or responsible entity in a personal injury lawsuit. While an ADA violation itself doesn’t automatically mean a personal injury claim, it can be a crucial factor in proving that unsafe conditions directly caused the injury.

Distracted walking refers to a pedestrian’s failure to pay adequate attention to their surroundings due to engaging in activities like using a cell phone, listening to music, or being engrossed in conversation. While not always illegal, distracted walking can be a significant factor in determining shared fault in a personal injury lawsuit, as it may reduce the pedestrian’s ability to claim full compensation if their inattention contributed to the accident, even if a driver was also negligent.

A traffic control device, such as a Rectangular Rapid Flashing Beacon (RRFB) or Pedestrian Hybrid Beacon (PHB), installed at a crosswalk to alert drivers of pedestrians who intend to cross or are already crossing. When activated by a pedestrian, these beacons emit bright, intermittent lights, signaling to drivers that they must yield the right-of-way. If a driver fails to stop or yield when a flashing beacon is activated and injures a pedestrian, it strongly supports a claim of driver negligence in a personal injury lawsuit, as the driver failed to obey a clear warning signal.

When a pedestrian crosses a street unlawfully, typically outside of a marked crosswalk, against a traffic signal, or where crossing is prohibited. While jaywalking is a violation, it does not automatically bar an injured pedestrian from recovering damages in a personal injury lawsuit. The driver still owes a duty of care to avoid hitting pedestrians, and if the driver was also negligent (e.g., speeding, distracted), liability may be shared based on comparative negligence laws in most states.

Pedestrian detection systems are advanced driver-assistance technologies that use cameras, radar, or sensors to identify people walking near a vehicle and help prevent collisions. In many vehicles, these systems can trigger automatic emergency braking (AEB) if a pedestrian is detected in the vehicle’s path. While not foolproof, they play an increasing role in crash prevention.

In Georgia, pedestrians have the right-of-way in marked crosswalks and at intersections when traffic signals permit crossing. Drivers who fail to yield and cause injury may be found negligent under state traffic statutes. Liability can still apply even outside of a crosswalk if the driver had a reasonable duty to see and avoid the pedestrian.

Instances where a driver fails to adhere to specific traffic laws designed to protect pedestrians, especially children, within designated school zones. These violations commonly include speeding, failing to yield to pedestrians in crosswalks, or illegally passing a stopped school bus. When such a violation leads to a pedestrian injury, it often establishes clear negligence on the driver’s part, strengthening the pedestrian’s personal injury claim due to the heightened duty of care drivers owe in these sensitive areas.

An insurance company representative who investigates accident claims, evaluates damages, and determines how much compensation (if any) the insurer will pay. For example, after a car crash, a claims adjuster may inspect your vehicle and review medical records to calculate a settlement offer.

The monetary compensation awarded to an injured party in a personal injury case. These can include economic losses like medical bills and lost wages, as well as non-economic harm such as pain and suffering.

The legal process in a personal injury or other lawsuit where both sides exchange information and gather evidence before trial. This can include depositions, medical records, and accident reports. For example, an attorney might request the defendant’s phone records in a distracted driving case.

A severe form of carelessness that goes beyond ordinary negligence: it reflects a reckless disregard for the safety or rights of others. For example, driving under the influence is often considered gross negligence because the driver knowingly puts others at serious risk.

Interrogatories are written questions one party in a lawsuit sends to the other to gather facts during the discovery process. In a personal injury case, for example, the plaintiff might be asked to describe how the accident happened or detail their medical treatment.

In personal injury law, negligence refers to the failure to exercise the level of care that a reasonably prudent person would have in similar circumstances, resulting in harm to another. To prove negligence, one must typically show four elements: that the defendant owed a duty of care to the plaintiff, that the defendant breached that duty, that the breach caused the plaintiff’s injuries, and that the plaintiff suffered damages as a result.

A plaintiff is the person who files a lawsuit in a civil case, claiming they were harmed by the actions or negligence of another. In a personal injury case, the plaintiff is typically the injured party seeking compensation, for example, someone hit by a drunk driver.

A tort is a civil wrong that causes harm or loss, allowing the injured party to seek compensation through a legal claim. Most personal injury cases — including car accidents and slip and falls — are based on tort law.

A psychological condition, such as PTSD or anxiety, that’s directly caused by an accident or trauma and is eligible for financial compensation in a personal injury claim.

Post-traumatic stress symptoms that appear weeks, months, or even years after a traumatic event like a car crash or assault.

The official guide that doctors and mental health professionals use to diagnose conditions like PTSD, anxiety, and depression.

Intense episodes where a person mentally reexperiences a past trauma, often feeling like it’s happening all over again in real time.

A long-term condition where a person feels constant worry or fear about everyday things, often made worse after a traumatic event.

A heightened state of alertness where the person constantly scans for danger, even in safe environments—common in PTSD survivors.

Sudden, intense waves of fear or discomfort that come without warning, often with physical symptoms like chest pain, dizziness, or shortness of breath.

Permanent Psychological Impairment refers to a lasting and irreversible decline in a person’s mental or emotional functioning. This impairment significantly impacts their daily life and ability to engage in activities they once could.

A lasting mental or emotional condition, such as severe PTSD or depression, that significantly affects a person’s ability to function or work, even after treatment.

A shift in someone’s behavior, mood, or thinking after a traumatic event; for example, becoming withdrawn, angry, or emotionally numb, which may be the result of a psychological injury.

An invitee is someone lawfully on a property for the owner’s benefit, typically a customer, client, or contractor. Property owners owe invitees the highest duty of care, including regularly inspecting for hazards and either fixing or warning about dangerous conditions.

A licensee is someone who enters a property for their own purposes with the owner’s permission, like a social guest. Owners must warn licensees of known dangers but are not required to inspect or fix issues the guest wouldn’t reasonably discover.

Reasonable Care refers to the legal duty property owners have to maintain safe conditions and prevent foreseeable harm to visitors. In slip and fall cases, this means routinely inspecting the premises, fixing known hazards, and warning about dangers that aren’t immediately obvious. Whether a property owner exercised reasonable care is often central to proving negligence.

A trespasser is someone who enters or remains on a property without legal permission. Property owners generally owe minimal duty to trespassers—mainly to avoid willful or wanton harm—but exceptions exist for children under the “attractive nuisance” doctrine (e.g., unsecured pools or trampolines).

Also known as a boxed warning, this is the strongest safety alert issued by the FDA for prescription medications. It appears prominently on a drug’s label to warn healthcare providers and patients about serious or life-threatening risks associated with the drug.

This means that the product is inherently unsafe because of its original plans or blueprint, even if it was made exactly as intended. The danger isn’t from a mistake in manufacturing, but from a flaw in how the product was conceived or designed, making it unreasonably dangerous for users.

In product liability cases, failure to warn refers to a manufacturer’s or seller’s legal duty to inform consumers about non-obvious dangers associated with using a product. When companies fail to provide adequate warnings or instructions and someone is injured as a result, they may be held liable for those injuries.

An official action taken when the U.S. Food and Drug Administration (FDA) or a manufacturer removes a product from the market due to safety, labeling, or manufacturing defects. In product liability cases, an FDA recall can be used as evidence that a product was defective or dangerous.

A hidden defect is a flaw in a product that isn’t immediately obvious and may not be discovered through normal use or inspection. In product liability cases, manufacturers can be held responsible if a hidden defect causes injury and they failed to disclose or address it.

This refers to the way a manufacturer expects or reasonably foresees their product will be used by consumers. It includes not only the specific purpose the product was made for (like a toaster making toast) but also any common, predictable ways people might use it, even if not explicitly stated in the instructions, that a manufacturer should anticipate.

This type of defect happens when a product deviates from its intended design during the assembly or production process, making it dangerous. Even if the design itself was safe, a mistake during manufacturing (like using a wrong part or faulty assembly) causes the individual product to be unsafe.

This occurs when a drug is dangerous or causes harm, either because it was improperly made (like having the wrong ingredients), or because the manufacturer didn’t provide proper warnings or instructions about its risks and how to use it safely. Essentially, it’s a problem with the medicine itself, making it unsafe for its intended use.

Regulatory noncompliance occurs when a company fails to meet government safety, labeling, or manufacturing standards set by agencies like the FDA or CPSC. In product liability cases, this noncompliance can support claims that a product was unreasonably dangerous or defective.

This type of claim arises when a rideshare app fails to function properly — such as misrouting drivers, inaccurately tracking rides, or losing trip data — resulting in injury or loss. Victims may pursue compensation if the malfunction contributed to unsafe conditions or hindered emergency response or liability tracking.

A special category of liability coverage that applies when a rideshare driver is logged into the app and actively transporting passengers. It typically includes higher policy limits than personal insurance, and may be the primary source of compensation in case of an accident.

Many rideshare apps include mandatory arbitration clauses in their user agreements, forcing injured parties to resolve disputes outside of court. These clauses can limit a victim’s right to a jury trial and affect how damages are awarded or appealed.

This refers to situations where the person driving during a rideshare trip is not the authorized or background-checked driver associated with the account. These cases raise serious legal issues around negligence, liability, and insurance coverage.

When a rideshare driver causes an accident in Georgia and it’s later discovered that they should have been disqualified based on the company’s background check criteria, victims may have an additional avenue for seeking compensation. These cases can involve claims of negligent hiring or negligent retention against the rideshare company. The argument is that the company failed in its duty to adequately screen its drivers or allowed a driver with a disqualifying history to remain on the platform, directly contributing to the accident and subsequent injuries.

This happens when a rideshare company allows a driver on the platform who does not meet safety or background check requirements. If an ineligible driver causes harm, the rideshare company may be held liable for negligent hiring or retention.

Any scenario in which a passenger is forcibly removed or ejected from a rideshare vehicle, either due to a collision or driver misconduct. These incidents can result in severe injuries and often involve claims of negligence or intentional harm.

This occurs when the vehicle that picks up a passenger does not match the one listed in the rideshare app. These mismatches can lead to confusion, fraudulent pickups, and safety risks that may complicate liability in the event of an accident.

Systems that are designed to detect and reduce the risk of a vehicle flipping during sharp turns or emergency maneuvers. These safety technologies, often integrated with sensors and braking controls, can be critical evidence in product liability claims if they malfunction or are absent in rollover-prone vehicles.

A computerized system that automatically applies brakes to individual wheels to prevent skidding and loss of control. Mandated in most modern vehicles, it plays a crucial role in preventing rollovers and may be examined in injury cases to determine whether a vehicle met federal safety standards.

A type of rollover accident that happens when a driver turns too sharply or overcorrects at speed, causing the vehicle to fishtail and tip. SUVs and trucks are especially vulnerable, and liability may hinge on road conditions, vehicle design, or whether the vehicle’s control systems failed to stabilize the motion.

The statistical likelihood that a specific make and model will roll over in a crash. High rollover rates can support claims of negligent design or inadequate safety testing when victims are injured in predictable, preventable rollover scenarios. You can view rollover ratings for vehicles on the National Highway Traffic Safety Administration website.

The rollover threshold is the point at which a vehicle loses balance and flips, typically influenced by its center of gravity and suspension design. A lower threshold increases crash risk and may be cited in lawsuits alleging defective vehicle engineering or failure to warn consumers.

A legal protection that keeps confidential communications between a client and their attorney private and prevents the attorney from being forced to disclose them in court. It ensures that clients can openly and honestly discuss all aspects of their case with their lawyer without fear of that information being revealed.

This is how many personal injury attorneys are paid, meaning they only receive a fee if they win your case, either through a settlement or a court award. Their payment is a pre-agreed percentage of the money you receive, so you typically don’t pay upfront legal fees.

A qualified professional, such as a physician or accident specialist, who provides specialized testimony in a personal injury case. Their role is to help explain complex issues and support key points about liability or the extent of injury.

A letter of protection (LOP) is a written agreement from a personal injury attorney to a medical provider, guaranteeing that the provider will be paid from the client’s future settlement. This allows the injured person to receive necessary treatment without paying upfront.

This is a legal claim or right against a plaintiff’s personal injury settlement money, typically held by a third party, such as a medical provider or an insurance company. These liens must often be paid out of the settlement funds before the plaintiff will receive their portion.

A formal process where both sides of a dispute meet with a neutral third party (the mediator) to help them reach a mutually acceptable settlement. The mediator does not make decisions but facilitates communication and helps the parties explore solutions, often leading to a settlement without a trial.

The process where the plaintiff’s attorney communicates with the at-fault party’s insurance company to discuss and potentially agree upon a settlement amount. It involves back-and-forth discussions, offers, and counter-offers until an agreement is reached or an impasse occurs.

A legally binding document signed as part of a settlement agreement, stating that the plaintiff gives up their right to pursue any further legal action against the at-fault party for the injuries and damages related to that incident. Once signed, a plaintiff generally cannot seek additional compensation for those specific injuries.

An upfront payment made by a client to an attorney to secure their legal services, often serving as an initial deposit against future billable hours or costs. However, in many personal injury cases, attorneys work on a contingency fee basis instead of requiring a retainer.

An agreement reached between the injured party (the plaintiff) and the at-fault party or their insurance company to resolve the claim without going to trial. Both sides agree on a specific amount of money to be paid to the injured party in exchange for dropping the lawsuit or claim.

A financial arrangement in which a personal injury settlement is paid out in scheduled installments over time instead of a single lump sum. This setup is often used to ensure long-term financial security, especially in cases involving significant or ongoing needs.

The process of jury selection in a courtroom, where attorneys from both sides question prospective jurors to determine their suitability and impartiality for the case. In personal injury cases, this helps ensure that the jury doesn’t have hidden biases that could affect the outcome of your settlement or verdict.

A handrail violation occurs when a staircase, ramp, or elevated walkway lacks a proper handrail or fails to meet building codes for height, length, strength, or placement. In slip and fall cases, this can serve as evidence of negligence if the missing or defective handrail contributed to the fall or made it more severe. Building code violations often strengthen a victim’s slip and fall claim.

A defense used in slip and fall cases where the property owner argues that the hazard was so visible or obvious that a reasonable person would have seen and avoided it. If successful, this defense can reduce or eliminate the owner’s liability—unless the risk was unreasonably dangerous or the injured person had no practical way to avoid it despite its visibility.

Earlier accidents or complaints involving the same hazard or condition that caused a slip and fall injury. Proving a history of similar incidents can demonstrate that the property owner knew, or should have known, about the danger and failed to take corrective action, strengthening the argument for negligence.

The process of measuring how slip-resistant a surface is under specific conditions. Experts use devices like a tribometer to assess a floor’s coefficient of friction (COF) — a key factor in determining whether a surface meets safety standards. Low traction readings can support a claim that a property owner failed to maintain a reasonably safe walking surface.

The basic self-care tasks that are essential for independent living. When evaluating a disability claim, the Social Security Administration (SSA) assesses an applicant’s ability to perform these everyday activities to determine how a medical condition impacts their functional capacity and ultimately, their ability to engage in substantial gainful activity. The SSA often utilizes a “Function Report” (Form SSA-3373) where applicants describe in detail any difficulties they experience with these ADLs.

The final administrative step after a denied SSDI or SSI claim and reconsideration appeal. If an Administrative Law Judge (ALJ) denies your case, you can request the Appeals Council to review it for legal or procedural errors. The Council may uphold the decision, reverse it, or send it back for another hearing. This level requires strong legal arguments and is often where experienced disability attorneys become essential.

The retroactive Social Security Disability benefits owed from the time a person became disabled to the time their claim is approved. This can amount to thousands of dollars depending on the delay in approval. Back pay is especially important in personal injury cases where the client has been unable to work for months or years due to accident-related injuries.

A periodic check by the Social Security Administration (SSA) to determine if a recipient still qualifies for disability benefits. These reviews can occur every 3–7 years and assess medical improvement. Injured individuals must continue providing updated medical evidence to avoid benefit termination.

Clinical documentation showing that treatments, medications, or assistive devices are required to manage a disabling condition. This evidence supports both SSD claims and insurance compensation by validating the seriousness and legitimacy of ongoing medical care.

The Impairment Duration Rule requires that a disabling condition must be expected to last at least 12 months—or result in death—to qualify for SSD benefits. Accident victims with long-term injuries must prove that their condition meets this threshold through medical records and physician evaluations.

Jobs the claimant held in the last 15 years that were substantial and gainful. In disability evaluations, SSA assesses whether a claimant can return to this type of work before considering other jobs. This analysis is critical for accident victims who can no longer perform physical or skilled labor due to their injuries.

A reconsideration appeal is the first level of appeal after a denied SSD application, requiring a full review by someone who wasn’t involved in the original decision. This step must be requested within 60 days. Personal injury victims should provide updated medical evidence and legal support during this stage to strengthen their claim.

SSDI is a federal benefit program that provides monthly payments to individuals who are disabled and have a sufficient work history. Accident victims who can no longer work due to long-term injuries may qualify for SSDI if they’ve paid into Social Security through payroll taxes. Unlike SSI, SSDI eligibility depends on work credits, not income level. Approval can also lead to access to Medicare benefits after a waiting period.

SSI is a needs-based federal program that provides monthly benefits to low-income individuals who are disabled, blind, or over age 65. Unlike SSDI, SSI eligibility is not based on work history. In personal injury cases, SSI may be a vital source of financial support for victims who cannot return to work and lack a qualifying work record.

The SSA-3369 Work History Report is a detailed form where applicants describe the physical and mental demands of their past jobs. SSA uses this to evaluate whether a claimant can perform their prior work or adjust to new employment. In personal injury claims, accuracy in this report can significantly impact a claimant’s disability determination.

Railroads that transport passengers are legally classified as “common carriers,” meaning they owe the highest duty of care to their passengers. This elevated duty implies they must take all reasonable precautions to ensure passenger safety, making it easier for injured passengers to establish negligence if the railroad fails in this duty.

The legal responsibility for injuries or damages that occur when a train leaves its tracks. Liability in derailment cases often falls on the railroad company due to factors such as faulty track maintenance, mechanical failures in the train cars or locomotive, human error by railroad employees, or obstructions on the tracks.

A state of reduced mental and physical performance experienced by a train engineer due to insufficient rest, long working hours, or disruptive schedules that impair alertness and reaction time. Engineer fatigue can be a significant contributing factor to railroad accidents, and if proven, can be a basis for establishing negligence on the part of the railroad company for failing to ensure adequate rest periods.

A federal law that governs personal injury claims for injured railroad employees, providing a different legal framework than traditional workers’ compensation or state personal injury laws. Under FELA, injured railroad workers must prove that the railroad’s negligence, even in a small part, caused their injury to recover damages.

The primary federal agency responsible for regulating railroad safety in the United States, setting standards for tracks, equipment, and operations. Violations of FRA regulations by a railroad can often serve as strong evidence of negligence in a personal injury lawsuit.

An accident that occurs at a point where a railroad track and a road or pathway intersect at the same level. These collisions typically involve a train striking a vehicle or pedestrian, or vice-versa, and can result from issues like inadequate warning signals, driver inattention, or railroad company negligence.

A hazardous freight spill happens when toxic cargo, like chemicals, fuels, or waste, leaks from a train due to a crash, derailment, or mishandling. These spills can cause serious injuries and environmental damage, impacting passengers, workers, and nearby communities. In Georgia, victims may have legal claims against multiple parties and could recover compensation for medical care, evacuation costs, and property damage.

A platform edge fall happens when someone slips or falls from a train or transit platform, often leading to serious injury. These incidents may result from safety issues like poor lighting, missing railings, or overcrowding. In Georgia, victims may have a claim against the transit authority or property owner, but strict legal deadlines often apply when government agencies are involved.

A railroad signal malfunction happens when crossing gates, lights, or alarms fail, raising the risk of a train-vehicle collision. If someone is injured in Georgia due to such a failure, the railroad or a maintenance contractor may be liable. These claims are complex and often involve both state and federal safety standards, requiring fast legal action and in-depth investigation.

Black box data refers to the electronic information recorded by a vehicle’s event data recorder (EDR), which captures details such as speed, braking, seatbelt use, and impact forces before and during a crash. In truck and car accidents in Georgia, this data can be critical evidence in determining fault and understanding how the collision occurred.

Blind spot accidents occur when a truck driver hits another vehicle or pedestrian while changing lanes or turning, due to limited visibility in the truck’s large “No-Zone” areas. In Georgia, truck drivers and their employers may be held liable if they fail to check blind spots before maneuvering. These cases often involve serious injuries due to the truck’s size and weight.

Falling cargo or road debris from a truck’s unsecured load can strike nearby vehicles or force sudden swerves, leading to multi-vehicle crashes. Victims in these cases may pursue claims even if the at-fault truck left the scene.

The physical or mental exhaustion that impairs a truck driver’s reaction time and judgment. Georgia law and federal regulations limit how long truckers can drive without rest, and violations can form the basis for a negligence claim. Fatigue-related crashes often result in high-damages cases due to their severity and preventability.

An Electronic Logging Device (ELD) is a federally mandated device that tracks a truck driver’s hours of service, location, and rest breaks. In personal injury lawsuits, ELD data can serve as key evidence to prove driver fatigue, rule violations, or trip irregularities. It’s often one of the first items examined during accident investigations.

Hours of Service (HOS) rules are federal regulations that limit the number of hours commercial truck drivers can operate their vehicles to prevent fatigue-related accidents. These rules, enforced nationwide by the Federal Motor Carrier Safety Administration (FMCSA), set limits on driving time, mandate rest breaks, and require drivers to log their hours.

A jackknife accident occurs when a truck’s trailer swings out at an angle, forming an L or V shape with the cab, often causing multi-vehicle collisions. These crashes can result from speeding, abrupt braking, or poor road conditions. In Georgia, both driver conduct and vehicle maintenance may be scrutinized in personal injury claims.

Load shift happens when improperly secured cargo moves during transit, causing a truck to become unstable or crash. Load shift accidents are especially common in rollover and jackknife scenarios. After an accident, Georgia personal injury claims may target not just the driver, but also the shipping company or loading crew responsible for securing the load.

A truck underride accident occurs when a smaller vehicle slides underneath a commercial truck’s trailer, often shearing off the car’s roof. These crashes are usually fatal or catastrophic and may involve claims for negligent driving, poor visibility, or lack of underride guards. In Georgia, these cases may include product liability or federal safety regulation violations.

A Federal law that allows individuals, including veterans, to sue the U.S. government for personal injury caused by the negligence of federal employees (including those at VA medical facilities). This is often used in claims where a veteran’s injury might be due to medical malpractice or negligence at a VA hospital or clinic.

A crucial piece of evidence from a medical professional that establishes a direct link or causation between a veteran’s current medical condition and their military service. When a personal injury occurs to a veteran, particularly one with pre-existing conditions or service-related issues, proving a nexus for any new or aggravated condition can be vital for both VA benefits and the personal injury claim.

An injury or illness that occurred or was aggravated during active military service. Establishing this connection is key for accessing VA benefits and may overlap with civilian injury claims, for example, in the case of a motor vehicle accident while off-duty.

If the veteran’s military health insurance (TRICARE) paid for injury-related medical care, they will likely have a lien, meaning they have a right to be reimbursed from any personal injury settlement.

A tax-free monetary benefit paid by the Department of Veterans Affairs (VA) to veterans with service-connected disabilities or injuries. Unlike needs-based benefits, VA Disability Compensation is generally not affected by personal injury settlements, making it important for personal injury attorneys to understand this distinction when advising veteran clients.

If a veteran receives VA-funded medical treatment after an accident, the VA may seek reimbursement from any personal injury settlement. This process is called subrogation and must be accounted for when calculating damages.

An Authorized Treating Physician is a doctor specifically approved or chosen (often from a panel provided by the employer) to manage and oversee an injured worker’s medical care for their work-related injury. This physician holds significant authority in the claim, making treatment recommendations, assigning work restrictions, making referrals to specialists, and ultimately determining when the worker has reached maximum medical improvement (MMI). Their medical opinions heavily influence the course of treatment and the injured worker’s eligibility for benefits.

The calculation of an injured employee’s average earnings per day. While “Average Weekly Wage (AWW)” is more commonly used, ADW may be utilized to determine wage loss benefits when the AWW doesn’t accurately reflect the worker’s true earning capacity, such as for irregular or part-time work. This figure helps ensure fair compensation for lost income due to a work-related injury.

A calculation representing an injured employee’s average gross earnings over a specific period (usually the 13 or 52 weeks) prior to their work-related injury. It serves as the fundamental basis for determining the amount of lost wage benefits, such as temporary total disability or permanent total disability, that the injured worker will receive. Accurate calculation of AWW is crucial, as it directly impacts the financial compensation to which an injured worker is entitled.

A comprehensive, objective assessment of an injured worker’s physical abilities and limitations, typically performed by a physical or occupational therapist. This evaluation involves a series of tests that mimic work-related tasks to determine the worker’s safe functional tolerances, their capacity to return to their previous job, or if accommodations or permanent restrictions are needed. The FCE report is a crucial piece of evidence that helps determine the extent of disability, guide return-to-work decisions, and influence the final settlement of a workers’ compensation claim.

A medical evaluation conducted by a physician who has not previously been involved in the claimant’s treatment. This examination is typically requested by the employer or their insurance carrier to obtain an objective assessment of the claimant’s medical condition, the extent of their injuries, their work restrictions, and whether their condition is causally related to the work injury. The IME report is often used to challenge or corroborate findings from the treating physician and can significantly influence decisions regarding ongoing benefits or permanency ratings.

The point at which an injured worker’s medical condition has stabilized and is not expected to improve further with additional medical treatment. Once an injured worker reaches MMI, their temporary disability benefits typically cease, and their treating physician will then assess any permanent impairment, which forms the basis for calculating permanent disability benefits. Reaching MMI is a crucial milestone that transitions the focus of the claim from active treatment to determining long-term compensation.

A lasting impairment resulting from a work-related injury or illness that permanently affects an employee’s ability to perform certain tasks or activities, but does not completely prevent them from working. Once an injured worker reaches Maximum Medical Improvement (MMI), a physician assigns an impairment rating to the affected body part or the “body as a whole.” This rating, often expressed as a percentage, determines the amount of PPD benefits the worker receives, which are typically calculated as a set number of weeks of compensation based on their Average Weekly Wage (AWW).

A work-related injury or illness that permanently and completely prevents an employee from returning to any gainful employment. While not always meaning the worker can do absolutely nothing, it signifies that their permanent impairment is so severe they are unable to perform consistent work in the competitive labor market. Workers deemed PTD typically receive ongoing weekly benefits for the rest of their lives, as well as lifetime medical coverage for the work-related injury, establishing the highest level of disability recognized in the system.

Burial expenses are the reasonable costs associated with laying a deceased person to rest, including funeral services, cremation or burial, and related arrangements. In wrongful death cases, these costs are often recoverable as part of the damages awarded to the deceased’s estate or statutory beneficiaries.

Bystander trauma is the emotional harm suffered by someone who witnesses a loved one seriously injured or killed due to negligence. In Georgia, these claims are limited and usually require a close family relationship and presence at the scene. Though challenging to prove, compensation may be possible in catastrophic injury or wrongful death cases.

A decedent is the legal term for a person who has died. In wrongful death and estate claims, the decedent is the individual whose death gives rise to the legal action or distribution of assets.

The non-economic damages that the surviving family members suffer due to the death of their loved one. Intangible factors of the decedent’s life would involve the victim’s relationships with family and friends as well as the decedent’s loss of society, advice, counsel, and companionship with the plaintiff and others.

These are subjective, non-monetary losses in a wrongful death claim that compensate for the intangible impacts of the death. They may include the pain and suffering, loss of companionship, emotional distress, and loss of enjoyment of life experienced by the surviving family members. Non-economic damages are more difficult to quantify than economic losses but are crucial for recognizing the full scope of harm caused.

Quantifiable financial losses directly resulting from a wrongful death, intended to compensate the survivors for monetary contributions the deceased would have provided. Examples include lost wages, medical expenses incurred before death, funeral and burial costs, and the value of lost services the deceased would have performed (e.g., household duties, childcare).

An individual or entity, often a close family member, appointed by the probate court to manage the deceased’s estate and represent their interests in legal matters, including filing a wrongful death lawsuit. They act on behalf of the estate and the beneficiaries who suffered losses due to the wrongful death.

Any evidence that comes to light or is gathered after the death of the person involved in the wrongful death claim. It can include medical records, toxicology reports, accident reconstruction analyses, or witness testimonies that are collected following the death to help establish liability or damages.

A person legally entitled to file a wrongful death claim under state law — typically a spouse, child, or parent of the deceased. Georgia law, for example, outlines a clear order of priority for who may bring the claim and recover damages.