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Personal Injury

Accident Attorneys Representing Victims in Atlanta and Surrounding Areas

If you've been hurt in an accident in Georgia and are struggling with medical bills or need time off work to heal, you might consider filing a personal injury lawsuit if the accident was someone else's fault. To guide you through this process, it's essential to consult an experienced trial lawyer. At Van Sant Law in Atlanta, our team of personal injury lawyers is here to help. We’ve offered dedicated legal services and strived for the best possible outcomes for our clients since 2003.

You can easily initiate your case by signing up electronically or arranging a visit to your home or another location that suits you. Our main attorney, David M. Van Sant, is nationally recognized as a skilled trial attorney. He has been acknowledged by Georgia Super Lawyers as one of the top attorneys in the state, a title awarded to only 2.5% of lawyers. Trust us to support you in seeking the compensation you deserve.

Personal Injury Overview

Personal injury lawsuits may arise from situations such as car crashes, motorcycle collisions, bicycle collisions, truck accidents, nursing home negligence, animal attacks, trip and falls, or defective products. What you will need to prove after an accident depends on the circumstances under which you were injured. However, many personal injury lawsuits are pursued under a theory of negligence. You will need to prove by a preponderance of the evidence that a defendant failed to use reasonable care under the circumstances, and this failure caused your injuries and resulting losses. For example, you may be able to recover damages if you can establish that you sustained traumatic brain injuries in a motorcycle accident caused by a drunk driver who failed to yield when making a left turn. For another example, a personal injury attorney in your area may be able to help you recover damages if you sustained spinal cord damage and crush injuries due to a trucking company’s negligent training of a truck driver who plowed into your vehicle.

Slip and fall accidents are a little different. You will need to show that you were injured on someone else's property, that the property owner owed you a duty to keep the property safe for visitors, that the property owner's failure to abide by that duty caused your injuries, and that you sustained damages as a result. In addition, you will need to show that the property owner had actual or constructive knowledge of the dangerous condition that caused your injuries.

Comparative Negligence

In a personal injury lawsuit, it is not uncommon for a defendant to blame the plaintiff for the accident. Georgia follows the rule of modified comparative negligence. Under this rule, you can be barred from recovery if you were 50% or more responsible for an accident. Otherwise, your damages will be reduced by an amount proportionate to your fault. For example, if the damages are $500,000, and you are found to have been 10% at fault for the accident, you can recover $450,000 from the other party.


If your Atlanta personal injury claim lawyer can establish liability, you will be entitled to compensatory damages. These are damages meant to make you whole. When injuries are catastrophic or fatal, it can be difficult to quantify them. The best personal injury lawyer can make a difference in getting the full damages to which you are entitled.

Economic losses that may be recovered include loss of wages, medical bills, household expenses, out-of-pocket costs, alterations to your home, and rehabilitation. Non-economic losses that may be recovered include loss of consortium, mental anguish, loss of enjoyment of life, and pain and suffering. Economic losses are typically documented. However, skilled local injury lawyers will also work to show all the ways in which you were intangibly harmed by the defendant or the defendant's actions; non-economic losses can vary dramatically depending on who is representing you and how well they tell your story.

When a defendant’s misconduct has been egregious, it may be appropriate to pursue punitive damages. These are damages meant to deter future wrongdoing. They may not be available in an ordinary car accident lawsuit, but they may be awarded when an accident was caused by the defendant’s drunk driving.

Retain a Personal Injury Lawyer in Atlanta or the Surrounding Areas

If you sustained injuries because of another party’s negligence or misconduct, you should consult the seasoned bodily injury lawyers at Van Sant Law. Our firm is dedicated to pursuing justice for accident victims. We also represent workers in their workers’ compensation claims. We assist people throughout Georgia from offices in Atlanta, Alpharetta, Athens, Cumming, Duluth, Lawrenceville, and Gainesville. Call us at 855-GA-INJURY or complete our online form.



What Is a Personal Injury Claim?


A Georgia personal injury claim is a lawsuit filed by or on behalf of someone who was injured because of someone else’s negligence. Claims may also be filed because another party breached their duty of care and was responsible for the plaintiff’s injuries. In a personal injury claim, the victim demands payment of the compensation that she or he is entitled to under the law. Sometimes personal injury claims are litigated in court, but they are often settled by the parties outside the courtroom.


How Much Is the Average Personal Injury Settlement?


Every personal injury claim is different, and there are several factors that go into determining how much a claim is worth. Settlements can range from tens of thousands to millions of dollars. The determination of fault, the amount of available insurance coverage, and the type, extent and duration of your injuries can all influence the ultimate settlement amount. The potential settlement amount may also be higher if you missed work because of your injuries or needed specialized medical treatments and care. Your personal injury litigation attorney can help you obtain the best possible settlement and outcome for your claim.


What Percentage of Personal Injury Cases Go to Trial?


Most personal injury lawsuits are settled outside of court. In fact, statistics suggest that only about 5% of cases are settled by jury verdicts. In those cases that do go to court, the plaintiff is victorious and is awarded damages more than 90%[BV1]  of the time.


What Does a Personal Injury Lawyer Do?


Top injury lawyers advocate on behalf of their clients, going head-to-head with the responsible party and their insurance company to help the victim recover the damages the state of Georgia says she or he is entitled to receive.


When you hire an attorney near you to handle your personal injury claim, your lawyer will gather evidence to support your case, including police reports/records (if applicable), medical records, witness testimony and all other relevant documentation. Your attorney will also provide reasoned legal advice, handle all communications, engage experts when appropriate, negotiate with the other party’s attorneys, take deposition testimony from the parties, and prepare to take your case to trial.


What Happens After Deposition in a Personal Injury Case?


A deposition is essentially a recorded interview with one of the parties or a witness, during which questions about the facts are asked and answered. After depositions are completed, both parties’ attorneys review the transcripts carefully, with an eye toward identifying inconsistencies, inaccuracies, the need for other witnesses or admissions of fault.


Your injury attorney will work with opposing counsel to determine whether the parties can come to a settlement agreement. Often, there are multiple rounds of negotiations before a settlement is agreed upon. Sometimes, the parties cannot agree on terms or solutions. If that happens in your case, your attorney will proceed with preparing your case for trial.

Can’t I Deal Directly With the Other Party’s Insurance Company?

You could try to negotiate a settlement on your own with the other party’s insurer. However, doing so could be a mistake. That’s because the insurance company is not on your side. Ultimately, the insurer’s goal is to settle your claim quickly and inexpensively. When you work with a personal injury law firm, your attorney will represent you in all communications and negotiations with the insurer. It is also important to understand the statute of limitations, which requires personal injury claims to be filed by a predetermined deadline to be valid (typically two years from the date of the accident). Your attorney can help ensure you meet all deadlines and help you understand the relative fairness of any proposed insurance settlement.

What Potential Pitfalls Should I Be Aware of When Dealing With an Insurance Company After an Accident?

Understanding some common mistakes related to dealing with insurance companies after Atlanta personal injury accidents can help you avoid those mistakes. Arguably, the biggest mistake is thinking that the other party’s insurance company has your best interests in mind. Remember that their goal is to close out your claim, settling for the least possible amount they think you will accept. You could also inadvertently incriminate yourself when talking to an insurance company. When you hire an attorney to represent you, you will not need to worry about communicating directly with the insurer anymore. It’s also crucial to be aware of the statute of limitations for filing a claim for damages. This is not something the other party’s insurer will tell you about or monitor for you. 

How Will the Value of My Personal Injury Claim Be Determined?

Every personal injury claim is different; several factors influence settlements and damage awards. First, Georgia law stipulates that victims may claim compensatory damages. These are designed to compensate victims for out-of-pocket expenses including lost wages, medical expenses, and pain and suffering. The value of your claim may be higher if you are expected to need future/ongoing medical treatment, suffer from chronic pain, or suffered catastrophic injuries in the accident. Your attorney will work closely with you to determine the appropriate value for your claim and will fight to ensure you receive a fair settlement. 

Can I File a Personal Injury Claim for an Accident That Occurred Five Years Ago? 

Georgia’s statute of limitations imposes time restrictions on filing personal injury lawsuits. In general, injured accident victims have up to two years from the date of the accident to file claims for damages. There are certain situations when this time limit is shorter. For example, if the responsible party in your claim is the state of Georgia or a municipality, you may have as little as six months to file your claim. Ultimately, waiting too long to act could mean you are unable to recover compensation for your injuries. Your personal injury law firm will help you understand and meet applicable time limits. 

Will I Have to Go to Court for My Personal Injury Claim?

Many personal injury claims are settled without either party stepping foot in a courtroom. Litigation can be a time-consuming and costly process for everyone. With this in mind, both parties are often motivated to try to reach a fair settlement outside of court. Out-of-court settlements in personal injury matters provide the victim with the compensation they are owed for their medical care, lost wages, and pain and suffering relatively quickly, while protecting the responsible party from the unknowns of how a judge might rule in a courtroom setting. Your lawyer will advocate for you in settlement negotiations but will also be prepared to litigate your claim if the other party is not willing to agree to fair terms.

How long will it take to settle my claim?

It is impossible to say with certainty, at the outset, how long it may take to settle your claim. It may take some time to complete a thorough investigation of the facts and circumstances, locate witnesses, calculate accrued and anticipated medical expenses, and account for lost income. Your legal team will use receipts and documentation where available but may also need to consult with experts and others to arrive at a value for pain and suffering. When your claim has been appropriately valued, your lawyer will negotiate with the other party’s insurer in an attempt to settle your claim fairly. In some cases, settlements occur relatively quickly; in others, it may take longer for both sides to agree. 

What Does a Valid Personal Injury Claim Show? 

There are four basic elements which must be present for a personal injury claim to proceed. First, your legal team must be able to show that the other party owed you a duty of care or was responsible for your safety. Next, the liable party must have breached that duty in some way. The third element is causation, which means that the responsible party’s breach of their duty of care directly led to your injuries. Finally, you must have suffered economic and/or noneconomic losses because of the injury accident. Your personal injury firm will work to establish each of these elements in your claim and will fight to help you obtain the compensation you deserve. 

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Client Reviews
From the first time I called them to the current status of my case, 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 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. David and his crew worked so hard to come to a great conclusion on my case. Thank you David, Michael and everyone in the office. Mary
Attorney David M. VanSant 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 VanSant and his team of professionals dedication and quality of service, my life is back on track. Let the VanSant team handle your case! You're in good hands. Crystal