Types of Injuries Covered by Van Sant Law:
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.
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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$250,000 $250k for Man Who Suffered Neck Injury in Motor Vehicle Accident
For Man Who Suffered Neck Injury in Motor Vehicle Accident
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$150,000 $150k for Client Who Injured Knee in Accident When at Fault Driver Failed to Yield
For Client Who Injured Knee in Accident When at Fault Driver Failed to Yield
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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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$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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$100,000 $100k Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
Policy Limit Settlement for Client Involved in Car Accident With Shoulder Injuries
Why Choose Van Sant Law in Kennesaw?
- Proven Track Record – Millions recovered for Georgia injury victims.
- Local Insight – Familiarity with Cobb County courts, juries, and medical providers.
- Personalized Attention – You’ll work directly with an attorney, not be passed off to case managers.
- No-Fee Promise – If we don’t obtain a settlement or verdict, you owe us nothing.
From negotiating medical liens to coordinating vehicle repairs, we handle the details so you can focus on healing.
Please contact us online or call our office directly at (800) 234-9556 to schedule your free consultation with an experienced injury and car accident attorney in Kennesaw, GA.
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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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"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 -
"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 -
"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. -
"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
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"We were thrilled with the support from Van Sant."
The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
- Josiah B. -
"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. -
"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. -
"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
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 Kennesaw, GA
Should I speak to the insurance adjuster on my own?
Provide only basic facts (date, time, location) and refer all other questions to your lawyer. Adjusters are trained to elicit statements that reduce payouts.
How much is my case worth?
Every injury is unique. Factors include severity, permanence, lost income, and shared fault. A free consultation with a Kennesaw personal injury lawyer from Van Sant Law will give you a more precise estimate.
Will my case go to court?
Most claims settle, but we prepare every case as if trial is inevitable. Our willingness to litigate often prompts insurers to negotiate seriously.
What if the at-fault driver is uninsured?
You may turn to your uninsured/underinsured motorist (UM/UIM) policy or pursue the driver’s personal assets. We explore every avenue to secure compensation.
How are attorney’s fees handled?
Van Sant Law operates on a contingency fee basis—you pay nothing upfront, and we only collect if we win for you.
Let our Kennesaw personal injury lawyers fight for you today! Call (800) 234-9556 or fill out our online contact form.
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