The basic foundation of personal injury claims in Georgia is holding an at-fault party liable for the harm their negligent or reckless acts caused. Many people don’t realize that an individual or entity can be held responsible for the actions or negligence of someone else. This legal concept is called vicarious liability.
Vicarious liability means that responsibility for a harmful act may be placed on someone who did not commit the act, granted specific requirements are met. Specifically, there must be a legal relationship between the person who is vicariously liable and the person who committed the harmful act.
What is Vicarious Liability in Georgia?
In Georgia, vicarious liability is known as imputable negligence. State law says that every person is liable for the actions of their wife, child, or servant within the scope of business, whether those actions are negligent or willful. In other words, one person’s negligence may be someone else’s responsibility if a certain relationship exists between them.
Imputable negligence can apply to various personal injury cases in Atlanta, including accidents and injuries caused by:
- Employees
- Rideshare drivers
- Minors
Vicarious liability can substantially impact a Georgia personal injury claim because it can potentially change who the responsible party is, and knowing this is crucial for building a strong case. Once the liable person or entity is identified, a targeted legal strategy can be built to prove their role in your accident and injuries.
Vicarious Liability in Your Personal Injury Case
If you’ve been injured in a premises liability or motor vehicle accident in Georgia, seeking damages from the correct person or entity can make the difference between a successful and unsuccessful outcome. Identifying the liable party requires more than determining who caused your injuries; you must also consider vicarious liability. Your personal injury attorney will review your case to help you decide who the appropriate liable party is.
Recovering Damages in Vicarious Liability Cases
Georgia sets no maximum limits on special and general damages, which means that a financial award for the harm you’ve experienced can be based on the actual value of the following:
- Property damage
- Medical bills
- Future medical expenses
- Therapy costs
- Lost income
- Emotional anguish
- Mental suffering
- Loss of limb
Identifying which party to seek compensation from is vital to your personal injury claim. Financial loss isn’t the only way a damaging accident impacts you, but having the fair compensation you deserve can go a long way to providing closure and justice. Additionally, monetary awards are crucial to addressing gaps in medical treatment, assistive devices, and other healthcare services that a lack of funds may have hindered.
Experienced Representation and Compassionate Advocacy
When you are facing a complicated personal injury case with vicarious liability considerations, contact Flanagan Law.
Our attorneys have the depth and breadth of knowledge your complex injury case needs. Contact us today to schedule a free consultation.
