Personal Injury & Car Accident Laws in Georgia
Most personal injury cases in Georgia are based on negligence, which means that someone failed to act with reasonable care, and that failure caused injury.
To prove negligence in Georgia, a plaintiff must show:
- Duty of Care – The defendant owed a legal duty to the plaintiff.
- Breach of Duty – The defendant breached that duty.
- Causation – The breach directly caused the plaintiff’s injury.
- Damages – The plaintiff suffered actual harm (e.g., medical bills, lost wages).
Georgia is a "fault" (or "at-fault") state for car accidents. This means the person who caused the accident is financially responsible for the resulting damages.
If you're injured in a crash, you have several options:
- File a claim with your own insurance (who may pursue subrogation).
- File a third-party claim with the at-fault driver’s insurer.
- File a personal injury lawsuit directly against the at-fault driver.
The state follows a modified comparative negligence rule (O.C.G.A. § 51-12-33):
- If the injured party is less than 50% at fault, they can still recover damages.
- If they are 50% or more at fault, they are barred from recovering any compensation.
- The compensation is reduced by the plaintiff’s percentage of fault.
For example, if you’re awarded $100,000 in damages but found 20% at fault, your compensation would be reduced to $80,000.
If you are injured, you may be entitled to economic and non-economic damages, such as:
- Medical bills (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Vehicle repair or replacement
- Emotional distress
- Loss of enjoyment of life
In cases of gross negligence (e.g., DUI crashes), punitive damages may also be awarded.
There is a time limit to file a lawsuit after a car accident:
- Personal injury: 2 years from the date of the accident (O.C.G.A. § 9-3-33).
- Property damage: 4 years from the date of the accident (O.C.G.A. § 9-3-32).
- Wrongful death: 2 years from the date of death.
Failing to file within this period generally bars your claim.
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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$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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$125,000 $125k for a Middle Aged Woman Who Injured Her Elbow in a Car Accident
For a Middle-Aged Woman Who Injured Her Elbow in a Car Accident
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$850,000 $850k Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
Settlement for Woman Involved in T-Bone Collision With Resulting Neck Injuries
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$160,000 $160k Settlement for Man in Rear-End Collision
Settlement for Man in Rear-End Collision
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$579,000 $579k for Passenger Involved in a Ride Share Car Accident
For a Client Who Was A Passenger Involved in a Ride Share Car Accident
Information for Accident Victims in Johns Creek
If you were injured in an accident in Johns Creek but are not from the area, the following information may be beneficial. Located in Fulton County, Georgia, Johns Creek is considered a suburb northeast of Atlanta. The current population is more than 82,000 residents.
The Emory Johns Creek Hospital (EJCH), located at 6325 Hospital Parkway, is a 110-bed facility serving Johns Creek and the surrounding area. EJCH provides emergency care by board-certified doctors and offers a full range of other medical services including intensive care, cardiology, oncology, surgical care, advanced imaging technologies, and more.
If your personal injury claim goes to trial in Fulton County, the courthouse serving the Superior Court and the Magistrate Court is at 136 Pryor St. SW in Atlanta.
Please contact us online or call our office directly at (800) 234-9556 to schedule your free consultation.
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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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"I truly felt they were in my corner and had my best interest at heart."
Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
- Abby C. -
"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. -
"David and his crew worked so hard to come to a great conclusion on my case."
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
- Mary -
"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. -
"David Van Sant has been by my side through it all."
I would like to thank everyone in Van Sant Law for answering any questions that I have in a timely manner. I can personally say, Everyone in deserves recognition for being honest, hard working, ethical, logical, dedicated people. The only reason I rated them 5 stars is because it would not let me go higher!
- Hilary -
"I am beyond grateful for the exceptional service provided by Van Sant Law firm."
From the beginning, they demonstrated a deep understanding of my case and a commitment to achieving the best possible outcome. Their attention to details, professionalism, and expertise was truly remarkable.
- Tina R. -
"From the first phone call to getting my settlement check the customer service was great."
They checked in throughout my care and gave updates as well, the process was truly a breeze! I cant thank you guys enough!
- Tareckia S.
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.
Why You Need a Skilled Personal Injury Attorney on Your Side
If you were injured because of somebody else’s negligence, it can be tempting to simply accept an offer from the responsible party’s insurance company. However, choosing to do so and opting not to work with a skilled local accident attorney, can be a costly mistake.
Most accident victims are simply not experts on personal injury laws or the legal system in Georgia. Because of this, many injured persons do not understand their rights. Not knowing what you don’t know can make it difficult to obtain the full amount of compensation you’re entitled to under the law.
Another way working with a car accident attorney or other personal injury lawyer can be beneficial is their ability to document the incident and resulting injuries. An auto accident lawyer knows that evidence to support a claim can be critically important and has the resources to gather that evidence on your behalf. Simply put, the stronger the evidence, the stronger your claim for compensation and damages.
Your attorney will also negotiate and advocate on your behalf, to help you obtain a fair settlement. You might assume that an offer from an insurer is fair, however, insurance companies generally do not have victims’ best interests in mind. An experienced personal injury lawyer will not be afraid to go head-to-head with large insurance companies to fight for your rights.
Personal injury victims who try to settle their own claims may wind up inadvertently being short-changed by the responsible party or their insurer. Your car accident attorney understands the tactics often employed in these scenarios and will work hard to ensure your needs and rights are identified so you receive fair compensation. You can be confident that your lawyer will seek to hold the other party responsible for their actions and will work hard to present evidence to establish both the responsible party’s liability and the extent of your injuries, both financial and otherwise.
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