Kennesaw, GA Personal Injury & Car Crash Lawyers

Georgia Personal Injury Laws

Statute of Limitations

Georgia allows two years from the date of injury to file most personal injury lawsuits (O.C.G.A. § 9-3-33). Missing this deadline almost always ends your right to sue, so contacting a Kennesaw personal injury lawyer quickly is vital.

Modified Comparative Negligence

Georgia uses a “50 percent bar” system. If you are 50 percent or more at fault, you cannot recover damages. If you are 49 percent or less at fault, your award is reduced by your percentage of fault. Proving liability—and minimizing any blame the defense tries to place on you—requires the meticulous investigation that Van Sant Law provides.

Caps on Damages

The Georgia Supreme Court struck down statutory caps on noneconomic damages in 2010, so injured plaintiffs can now seek full compensation for pain and suffering. However, punitive damages are generally capped at $250,000 in most negligence cases (O.C.G.A. § 51-12-5.1), unless the defendant acted with intent to harm or was under the influence of drugs or alcohol.

Georgia Car Accident Laws

Mandatory Insurance Minimums

Georgia drivers must carry at least:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 for property damage

These minimums often fall far short of covering serious injuries. A seasoned Kennesaw personal injury lawyer can pursue the at-fault driver’s additional assets or uninsured/underinsured motorist coverage to bridge the gap.

Fault-Based System

Unlike “no-fault” states, Georgia is a fault jurisdiction. You may file a claim directly against the at-fault driver or sue in court. Because insurers protect their bottom line, they frequently dispute fault or undervalue claims. Van Sant Law’s trial-ready approach keeps pressure on carriers to pay fair settlements.

Reporting Requirements

If an accident causes injury, death, or property damage exceeding $500, Georgia law requires drivers to report it immediately to local law enforcement (O.C.G.A. § 40-6-273). A police report is a critical piece of evidence—never agree to “handle it privately.”

Common Causes of Car Accidents

• Distracted Driving – texting, GPS input, eating, or any activity that diverts attention.
• Speeding and Aggressive Driving – exceeding limits, tailgating, weaving through traffic.
• Driving Under the Influence (DUI) – alcohol, prescription drugs, or illicit substances impair reaction time.
• Fatigued Driving – especially common among rideshare, delivery, and commercial truck drivers.
• Weather-Related Hazards – Georgia’s sudden thunderstorms create slick roads and reduced visibility.
• Mechanical Failures – defective brakes, tires, or steering components can trigger liability for manufacturers or service shops.

Whatever the cause, our investigative team reconstructs accidents, consults with expert witnesses, and builds a compelling narrative that demonstrates the other party’s negligence.

Common Types of Damages in a Personal Injury Lawsuit

• Medical Expenses (Past & Future) – hospital stays, surgeries, rehabilitation, prescription drugs, assistive devices.
• Lost Wages & Loss of Earning Capacity – income you missed and the long-term impact on your career.
• Pain and Suffering – physical discomfort and emotional distress.
• Loss of Consortium – harm to the relationship with your spouse or family.
• Property Damage – repair or replacement of your vehicle and personal belongings.
• Punitive Damages – awarded in rare cases of reckless or intentional misconduct to punish and deter.

Our Kennesaw personal injury attorneys work with economists, life-care planners, and medical specialists to forecast the true cost of your injuries—so you do not settle for less than you need.