Accidents happen in every state, but not all state accident laws are the same. Understanding the differences between accident state laws can be helpful for understanding, and if necessary, knowing how to proceed with legal action after an accident.
Contributory negligence
In both Tennessee and Georgia, contributory negligence sets a limit on the plaintiff for recovery when someone’s careless behavior injured another person. Both states look to a standard care and the reasonable acts of a person in establishing negligence. Both states have a rule for Proportional Comparative Fault at 50 percent, which means if you are 50 percent at fault, you may not use the sue the other individual. However, the difference sometimes lies in the extent to which the law is written.
Tennessee
Contributory Negligence Limit to Plaintiff’s Recovery when someone acts in a careless way and causes an injury to another person found under “Comparative negligence in reference to reviewing bank statements of accts 47-4-406.”
Georgia
Contributory Negligence-limit to Plaintiff’s Recovery
“Claimant’s contributory does not bar recovery provided his fault is less than defendant’s and that by ordinary care claimant could not have avoided the consequences of defendant’s negligence. However, claimant’s damages are diminished by amount in proportion to the amount of his fault. (§51-11-7).”
Statute of Limitations
Each state has a statute of limitations for filing a personal injury claim.
| Personal Injury | Under Tennessee penal code 28-3-104(a)(1). A person has one year to file a claim of personal injury. Tennessee does not include the law of a reasonable date of discovery.
Under Georgia penal code §9-3-33, a person has two years to file a claim of personal injury. |
| Medical Malpractice | Under Tennessee penal code §28-3-104(2), an individual has one year to file a claim.
Under Georgia penal code §9-3-71, an individual has two years to file a claim with a maximum of five years from the act. |
| Injury to personal property | Under Tennessee penal code §28-3-105(1), there is a three- year statute of limitations for filing a property claim.
Under Georgia penal code §9-3-32, there is a four-year statute of limitations for filing a property claim. |
Workers Compensation Laws
Each state has workers compensation laws that set procedures and define the benefits to which employees are entitled if they become ill or injured on the job. However, there are state differences in workers’ compensation laws, including applying for workers’ compensation, benefits, time constraints, and legal coverage.
Even the difference in laws such as peed and helmet laws may impact the outcome of an accident lawsuit. When people are operating within the constraints of the law, proving fault of an injury may be more difficult.
If you have suffered a personal injury and live in Georgia or Tennessee, contact Dennis and King. Our personal injury attorneys are well versed in the accident laws of both states and can help you obtain the compensation you deserve.
