georgia injury lawyerA Georgia Injury Lawyer assists with an “Action” which is the judicial means of enforcing a right. A Georgia injury lawyer may institute a “Civil action” (an action founded on private rights, arising either from contract or tort) or “Penal action” (an action allowed in pursuance of public justice under particular laws). An action may be against the person, or against property, or both.

Generally, a proceeding against the person shall bind the property also. A proceeding against property without service on the person shall bind only the particular property.

A plaintiff may pursue any number of consistent or inconsistent remedies against the same person or different persons until he shall obtain a satisfaction from some of them.

No plaintiff may prosecute two actions in the courts at the same time for the same cause of action and against the same party. If two such actions are commenced simultaneously, the defendant may require the plaintiff to elect which he will prosecute.

If two such actions are commenced at different times, the pendency of the former shall be a good defense to the latter.

The rule requiring a plaintiff to elect shall not apply to a prior attachment against property where the defendant is subsequently served personally nor to an attachment obtained during the pendency of an action. However, the judgment in the case against the person shall set out the fact of its identity with the proceedings against the property.

Ordinarily, when one renders service or transfers property which is valuable to another, which the latter accepts, a promise is implied to pay the reasonable value thereof. However, a Georgia injury lawyer will explain that this presumption does not usually arise in cases between very near relatives.

Back to the top of Georgia Injury Lawyer.