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The injury law glossary

20 terms, explained without jargon. Georgia law where it matters.

A

Ante litem notice
A written notice that must be sent to a city, county or the State before suing it, within strict deadlines.

B

Bad faith
When an insurer unreasonably refuses to pay or settle. Georgia has statutes and case law on different kinds of bad faith.

C

Comparative fault
Georgia reduces your recovery by your share of fault, and bars it at 50% or more.
Contingency fee
A fee paid as a percentage of the recovery, only if there is one. Must be in writing.

D

Damages
Money awarded for losses: medical bills, lost income, pain and suffering.
Deposition
Sworn testimony taken outside court, with a court reporter, during a lawsuit.
Diminished value
The drop in a vehicle’s market value after it has been in a wreck, even when repaired.
Discovery
The exchange of information and documents between the sides after a lawsuit is filed.

H

Hospital lien
A claim a hospital may file against an injury recovery for unpaid treatment.

L

Letter of protection
A promise to pay a medical provider from a future settlement.
Liability coverage
The at-fault driver’s insurance that pays for others’ injuries.

M

MedPay
Optional auto coverage that pays medical bills regardless of fault, up to a limit.
Mediation
A meeting with a neutral mediator to try to settle the case.

N

Negligence
Failing to use reasonable care, causing harm to someone else.

P

Punitive damages
Damages meant to punish willful or reckless conduct, usually capped, with exceptions.

S

Settlement statement
A written breakdown of the recovery, fees, costs and liens before money is paid out.
Statute of limitations
The deadline to file a lawsuit; two years for most Georgia injury claims.
Subrogation
A health plan or insurer’s right to be repaid from your recovery for what it paid.

T

Time-limited demand
A pre-suit settlement offer with a deadline; Georgia sets required terms for motor vehicle claims.

U

Uninsured motorist (UM)
Your own coverage that steps in when the at-fault driver has no or too little insurance.

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