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Georgia Personal Injury Laws
In Georgia, personal injury law is based on the principle of negligence. If someone else's carelessness caused your injury, you may be entitled to financial compensation. However, there are several key aspects of Georgia’s personal injury laws that could impact your case:
- Statute of Limitations: You typically have two years from the date of the injury to file a personal injury lawsuit in Georgia. Failing to file within this timeframe may result in your case being dismissed.
- Comparative Fault Rule: Georgia follows a modified comparative negligence rule, which means if you are partially at fault for your injuries, your compensation can be reduced by your percentage of fault. However, if you are 50% or more at fault, you cannot recover damages.
- Caps on Damages: While Georgia generally does not cap compensatory damages in personal injury cases, punitive damages are capped at $250,000, except in certain situations such as DUI-related accidents.
Georgia Car Accident Laws
Car accident claims in Georgia are governed by specific state laws. Understanding your rights after a crash can make a significant difference in your ability to obtain compensation.
- At-Fault Insurance State: Georgia is an at-fault state, which means the driver who caused the accident is responsible for covering damages through their insurance policy.
- Minimum Insurance Requirements: All Georgia drivers must carry minimum liability coverage of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage per accident
- Reporting Requirements: You must report an accident to the police if it results in injury, death, or property damage exceeding $500.
At Van Sant Law, we help car accident victims gather evidence, deal with insurance companies, and ensure that every legal detail is handled correctly.
Common Causes of Car Accidents
Car accidents in Duluth, GA, can occur for many reasons, but some causes are more common than others. Identifying the root cause of your accident is crucial to establishing liability.
Leading causes include:
- Distracted Driving: Texting, eating, or using in-car technology while driving leads to many preventable accidents.
- Speeding: Exceeding the speed limit reduces reaction time and increases the severity of crashes.
- Driving Under the Influence: Alcohol and drug impairment significantly impact judgment and motor skills.
- Reckless or Aggressive Driving: Tailgating, unsafe lane changes, and road rage contribute to dangerous collisions.
- Weather Conditions: Rain, fog, or slippery roads often play a role in accidents, particularly when drivers fail to adjust their speed.
- Mechanical Failures: Brake failures, tire blowouts, and other vehicle malfunctions can also cause serious accidents.
Common Types of Damages in a Personal Injury Lawsuit
When you file a personal injury claim in Duluth, GA, you may be entitled to several types of damages, depending on the severity and impact of your injuries.
Types of damages include:
- Medical Expenses: This includes current and future medical bills, surgeries, prescriptions, and rehabilitation.
- Lost Wages: If your injury prevented you from working, you may be compensated for lost income and diminished earning capacity.
- Pain and Suffering: Physical pain and emotional trauma can have lasting effects, and you may be entitled to compensation for this distress.
- Property Damage: In car accident claims, you can recover costs to repair or replace your vehicle.
- Punitive Damages: In cases of gross negligence or intentional harm, the court may award punitive damages to punish the wrongdoer.
Our Duluth personal injury lawyers at Van Sant Law evaluate every aspect of your case to ensure no detail is overlooked when calculating your potential compensation.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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$525,000 $525k Result for Man Injured by Dump Truck
Result for Man Injured by Dump Truck
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$497,000 $497k Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
Verdict at Trial for an Individual Who Was Struck by a Drunk Driver
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$250,000 $250k for Neck Injury Case
For Neck Injury Case
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$400,000 $400k for Woman Who Sustained Neck Injury in Motor Vehicle Accident
For a Woman Who Sustained Neck Injury in Motor Vehicle Accident
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$200,000 $200k for an Individual Was Injured in an Accident While on the Side of the Road
For an Individual Was Injured in an Accident While on the Side of the Road
How Van Sant Law Can Help You
When you choose Van Sant Law to represent you, you can expect:
- Experienced advocacy: We have in-depth knowledge of Georgia personal injury laws, and we have a proven track record of helping clients obtain significant settlements.
- Maximizing your compensation: Insurance companies often try to settle claims quickly and for as little money as possible. Our attorneys can handle all communication and negotiations with the insurance company on your behalf, pursuing a fair settlement that covers all your losses, including medical expenses, lost wages, and pain and suffering.
- Personalized attention: Every case is unique, and we can tailor our approach to your specific needs and circumstances. We can keep you informed every step of the way and help you understand your options at all times.
- No upfront costs: We work on a contingency fee basis, meaning you do not pay our fee unless we win your case. This allows you to focus on your recovery without worrying about legal fees.
Call or contact us online to schedule a free case consultation with a Duluth injury and car accident attorney today.
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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
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"Van Sant is the place to go."
R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
- Chase V. -
"I highly recommend him as a personal injury attorney."
My attorney, David Van Sant and his law firm were outstanding in handling my personal injury case. I was out of work for a considerable amount of time due to an automobile accident and Mr. Van Sant and his entire team were always kind, professional, knowledgeable and especially available. This law firm did their absolute best to answer and return calls and at no time did I ever feel like just a number or stranger. My experience with Mr. Van Sant and his law firm (from beginning to end), were very positive as well as favorable.
- Lars S. -
"Very knowledgeable, straight forward and communicated with me every step of the way."
I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
- Mark A. -
"Van Sant Law took care of everything."
Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
- Juan S. -
"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
- Crystal -
"They were diligent, timely, and very informative during the whole process."
Van Sant Law worked on my personal injury case, and they have gone above and beyond in representing me as a client. They gave multiple updates throughout the course of the case. I would highly recommend Van Sant to friends and family, and I would choose them as my personal injury attorney if I were to have a personal injury claim. Thank you, Van Sant Law!
- Tyriq R. -
"The team was personable, efficient and guided me through the process with ease."
I had the best experience with VanSant Law. I am forever grateful for Van Sant Law and will use them in the future.
- Moe -
"My results have been positive & I would highly recommend Van Sant Law to family & friends."
I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
- Karen J.
Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
FAQs About Personal Injury and Car Accident Claims in Duluth, GA
How Long Does a Personal Injury Case Take?
The timeline varies depending on the complexity of the case, the severity of the injuries, and whether the case settles or goes to trial. Some cases resolve in a few months; others may take over a year.
What If the Other Driver Doesn’t Have Insurance?
If you’re hit by an uninsured driver, you may be able to file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage if you have it on your policy.
What Should I Do After a Car Accident?
- Call 911 and report the accident.
- Seek medical attention immediately.
- Document the scene with photos and witness information.
- Exchange insurance and contact information.
- Contact Van Sant Law before speaking with insurance adjusters.
Do I Need a Lawyer for a Personal Injury Claim?
While you are not legally required to hire a lawyer, working with an experienced Duluth personal injury attorney significantly improves your chances of recovering full compensation. Insurance companies often offer low settlements, but a lawyer can negotiate on your behalf and take your case to court if necessary.
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