Johns Creek Personal Injury Lawyers

A Reputation for Excellence in Johns Creek

Van Sant Law is a Johns Creek personal injury law firm that has earned a reputation for being committed to seeking both justice and the highest possible compensation on behalf of our clients. We begin by listening to you carefully, making sure that we have a real understanding of your situation and the damage that you’ve suffered. We then begin a meticulous investigation that ensures that we can tell your story compellingly and expose the recklessness of the person or entity that has caused you harm. Our methods have won large awards and settlements for our clients as well as the gratitude of our former clients, whose reviews of our firm founder, David Van Sant, won him Avvo’s Client’s Choice Award. Mr. Van Sant has also been voted a Super Lawyers Rising Star and membership in the National Trial Lawyers Top 40 under 40, in addition to membership in the prestigious Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum.

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:

1. Duty of Care – The defendant owed a legal duty to the plaintiff.
2. Breach of Duty – The defendant breached that duty.
3. Causation – The breach directly caused the plaintiff’s injury.
4. 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.