Georgia Personal Injury Laws
In Georgia, personal injury claims are typically based on the legal concept of negligence. To recover damages, you must prove that another party had a duty of care, breached that duty, and caused your injuries as a result.
Under Georgia law (O.C.G.A. § 9-3-33), you generally have two years from the date of the injury to file a personal injury lawsuit. Failing to act within this time frame can permanently bar your claim.
Georgia follows a modified comparative negligence rule, which means your compensation can be reduced if you were partially at fault for the accident. However, you may still recover damages as long as you are less than 50% at fault.
When you file a personal injury claim, you may be eligible to recover economic and non-economic damages, including:
- Medical expenses: hospital bills, surgery, medication, physical therapy
- Lost wages: income lost while recovering or due to disability
- Loss of earning capacity: if you are unable to return to your previous job
- Pain and suffering: physical discomfort and emotional trauma
- Property damage: repair or replacement of your vehicle
- Loss of consortium: for impact on relationships and family life
- Punitive damages: in rare cases involving extreme negligence or willful misconduct
At Van Sant Law, we strive to obtain the full value of your claim, taking into account your current and future needs.
We have been so successful over the last few years that our peers have showered us with honors:
- A BBB “A+” rating
- Georgia Super Lawyers – 60 percent of our lawyers versus 2.5 percent of all Georgia Lawyers
- A lifetime membership in the Multi-Million Dollar Advocates Forum (founder David Van Sant)
- One of Georgia’s Top 100 Trial Lawyers (founder David Van Sant)
FAQs About Personal Injury Claims in Marietta, GA
Q: How much is my personal injury case worth?
A: Every case is unique, and the value depends on factors such as the severity of your injuries, medical costs, time away from work, and the level of fault. Our attorneys can assess your case during a free consultation.
Q: How long do I have to file a personal injury claim in Georgia?
A: The statute of limitations in Georgia is typically two years from the date of injury. However, certain exceptions may apply. It’s best to act quickly.
Q: What if I was partially at fault for the accident?
A: Georgia’s modified comparative negligence rule means you can still recover damages as long as you are less than 50% at fault. Your compensation will be reduced by your percentage of fault.
Q: Can I still file a claim if I didn’t go to the hospital right away?
A: Yes, but delays in treatment can complicate your case. Always seek medical care as soon as possible and follow your doctor’s advice.
Q: How much does it cost to hire Van Sant Law?
A: We work on a contingency fee basis—you don’t pay us unless we win your case.
Contact us today at (800) 234-9556 to let our Marietta personal injury attorneys help you recover compensation for your injuries and losses.
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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$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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$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
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$630,000 $630k Result for a Woman Injured in an Automobile Wreck
Result for a Woman Injured in an Automobile Wreck
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$360,000 $360k for Man Injured in a Motorcycle Accident
Man Injured in a Motorcycle Accident
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$2,300,000 $2.3 Million Leg Injury When Tractor Trailer Crossed Center Line
Leg Injury When Tractor Trailer Crossed Center Line
A Testimonial From One of Our Clients
Van Sant’s law firm is a very professional group of people. They made me feel confident and provided me with the utmost respect during my process with them. I highly recommend this group, very knowledgeable and well experienced in relation to my case. Thank you so much for your services!
— Janice, May 5, 2017
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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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"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. -
"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 -
"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. -
"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. -
"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 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. -
"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
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.
Learn More About Marietta
The location of Marietta, Georgia is ideal – a stone’s throw from Atlanta, yet a world of its own that bustling Atlanta cannot match in terms of friendly people and relaxing lifestyle. That must have been one of the reasons why CNN Money named it one of the top 25 U.S. retirement destinations in 2011. On any given weekend, you might find one of us enjoying the Strand Theatre or the weekly farmer’s market.
Living within a major metropolitan area has its drawbacks, of course. Traffic on the Marietta Parkway can get congested and dangerous, as can I-75 leading to Atlanta. Although car accidents are all too common on these thoroughfares, they are far from rare elsewhere in Marietta. Traffic accidents aren’t the only dangers that face you, however – the human body can be injured in any number of ways.
The emergency department at the Wellstar Kennestone Regional Medical Center in Marietta, GA, one of the largest emergency departments in the United States, provides a range of specialized care to accident victims and others who need medical attention for illnesses or injuries.
In fact, the experienced physicians and staff at Wellstar Kennestone are highly trained and use state-of-the-art diagnostic imaging and other medical technologies to treat all types of conditions including (but not limited to):
- Heart attacks
- Strokes
- Burns
- Lacerations/cuts
- Trauma from falls
- Acute mental distress
In addition to providing trusted, compassionate care for adults, the Wellstar Kennestone Emergency Department is also well equipped to treat children of all ages and can provide casts for children, child-sized blood-pressure cuffs, smaller-sized crutches, and more. Separate entrances, care zones, and dedicated treatment rooms for pediatric patients and adults are designed to reduce time spent waiting for care, improve the patient experience, and reduce some of the stress that can come with obtaining medical treatment — regardless of the patient’s age.
Open 24/7, the Wellstar Kennestone Regional Hospital’s Emergency Department provides the same, expert level of care to all in the community, regardless of a patient’s financial situation. The hospital has been recognized as an American College of Surgeons’ Level II Trauma Center, one of five Georgia Comprehensive Stroke Centers, and the state’s first Certified Comprehensive Cardiac Care Center.
Many of our personal injury clients have received trusted, expert care from Wellstar Kennestone Regional Hospital prior to contacting us to speak to a vehicle accident lawyer.
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