Georgia Personal Injury Laws
In Georgia, personal injury law is designed to hold negligent individuals or entities accountable for the harm they cause. To successfully bring a personal injury claim, the plaintiff must prove that:
- The defendant owed a duty of care.
- The defendant breached that duty.
- The breach caused the plaintiff’s injuries.
- The plaintiff suffered damages as a result.
Under Georgia law, you generally have two years from the date of the injury to file a personal injury lawsuit. This time limit can vary depending on the circumstances, so it’s crucial to act quickly.
Georgia follows a modified comparative negligence system, which means you can still recover damages even if you were partially at fault — as long as you are less than 50% responsible. However, your compensation will be reduced by your percentage of fault.
Georgia Car Accident Laws
Georgia uses an “at-fault” insurance system. This means the driver who caused the accident is responsible for paying for the damages. As a victim, you have three options:
- File a claim with your own insurance company.
- File a third-party claim with the at-fault driver’s insurance.
- File a personal injury lawsuit against the at-fault driver.
If the accident causes injury, death, or property damage exceeding $500, it must be reported to law enforcement.
Minimum insurance requirements in Georgia include:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Van Sant Law can help you navigate these legal complexities and ensure that your rights are fully protected after a car accident.
Common Causes of Car Accidents
Car accidents can happen in a split second, but the consequences can last a lifetime. Some of the most common causes of car accidents in Roswell and surrounding areas include:
- Distracted Driving: Texting, talking on the phone, or adjusting the radio.
- Speeding: Driving over the speed limit or too fast for road conditions.
- Driving Under the Influence: Alcohol or drug impairment.
- Reckless Driving: Aggressive behaviors like tailgating or unsafe lane changes.
- Weather Conditions: Rain, fog, and other hazardous conditions.
- Failure to Obey Traffic Signals: Running red lights or stop signs.
- Fatigued Driving: Falling asleep or being inattentive due to lack of rest.
When these or other negligent actions cause an accident, Van Sant Law is ready to stand up for your rights.
Common Types of Damages in a Personal Injury Lawsuit
If you’ve been injured in a car accident or other incident in Roswell, you may be entitled to recover several types of damages, including:
Economic Damages:
- Medical bills (past and future)
- Lost wages
- Loss of earning capacity
- Property damage
Non-Economic Damages:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
Punitive Damages:
In rare cases where the defendant’s conduct was particularly egregious (e.g., DUI), the court may award punitive damages to punish the wrongdoer and deter future misconduct.
At Van Sant Law, we work tirelessly to ensure that every possible type of compensation is considered in your case.
FAQs About Personal Injury and Car Accident Claims in Roswell, GA
Q: How much is my personal injury case worth?
A: The value of your case depends on various factors, such as the severity of your injuries, the extent of your medical expenses, lost wages, and pain and suffering. Our team can provide a detailed case evaluation.
Q: What if I was partially at fault for the accident?
A: You may still be eligible for compensation under Georgia’s modified comparative negligence law, as long as you were less than 50% responsible.
Q: Should I talk to the insurance company?
A: It’s best to consult with an attorney before speaking to the insurance company. They may try to minimize your claim or get you to settle for less than you deserve.
Q: Do I need a lawyer for a car accident claim?
A: While it’s possible to handle a minor claim on your own, serious injury cases are best handled by experienced personal injury attorneys. Van Sant Law can help maximize your compensation and handle all legal aspects of your case.
Q: What does it cost to hire Van Sant Law?
A: Our Roswell personal injury lawyers work on a contingency fee basis, which means you don’t pay any upfront fees. We only get paid if we recover compensation for you.
Let our personal injury lawyers in Roswell fight for you. Contact us today at (800) 234-9556 to get started.
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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$172,500 $172k for a Woman Who Injured Her Leg at Her Neighbor’s House
For a Woman Who Injured Her Leg at Her Neighbor’s House
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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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$110,000 $110k Settled for Client Injured in T-Bone Collision
Settled for Client Injured in T-Bone Collision
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$350,000 $350k for Knee Injury Caused by Tractor Trailer
Knee Injury Caused by Tractor Trailer
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$579,000 $579k for Passenger Involved in a Ride Share Car Accident
For a Client Who Was A Passenger Involved in a Ride Share Car Accident
Information for Roswell, GA Injury Victims
As the ninth-largest city in Georgia with approximately 95,000 residents, Roswell is in northern Fulton County.
Persons injured in Roswell may seek treatment at the Wellstar North Fulton Hospital (3000 Hospital Blvd.), a Level II Trauma Center and Level II Emergency Cardiac Care Center. This medical center is also a Joint Commission Comprehensive Stroke Center.
If your personal injury claim goes to trial, the matter will likely be heard by the Magistrate Court of Fulton County, which handles a variety of both civil and criminal cases.
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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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"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 -
"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 -
"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. -
"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 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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"Very knowledgeable, straight forward and communicated with me every step of the way."
I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
- Mark A. -
"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. -
"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.
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.
How an Accident Attorney Adds Value to Personal Injury Claims
Trying to navigate an unfamiliar legal process after suffering personal injuries can be confusing and can add stress to an already stressful time. The urge to accept the initial offer from the responsible party or their insurer can be tempting, so you can put the matter behind you for good. However, doing so or attempting to otherwise handle your claim on your own without the help of an experienced injury attorney can be a mistake.
Personal injury law can be complex and nuanced. When you choose to work with a car accident lawyer (or other personal injury lawyer), you will have a knowledgeable advocate in your corner — one who understands the ins and outs of personal injury law and the legal system in Georgia. Your attorney will serve as your guide, helping you through each step of the process while fighting to help you obtain the best possible outcome for your case.
Unfortunately, personal injury claims can take months, or even years, from the time of the accident to when a settlement is reached. This can be frustrating and draining for victims trying to go it alone. In addition to handling the legal procedural aspects of your case, your personal injury lawyer is also there to help ease the burden and frustration.
Your attorney also wants to help you obtain the compensation you deserve. The truth is that insurance companies are looking out for their own bottom line, rather than injury victims’ best interests. After a car accident, the insurance company’s goal is to settle the claim quickly and inexpensively. When a victim does not have an experienced auto accident lawyer on their side to advocate for them, they may find themselves facing a large insurance company that chooses to deny liability or offers an unfair settlement. Knowledgeable injury attorneys understand how to advocate for fair settlements for their clients and are not afraid to argue their positions in court if doing so is in their clients’ best interests.
Choosing to engage a personal injury lawyer can result in a larger settlement — often significantly larger — than the initial amount offered. In addition to financial damages designed to compensate you for medical expenses, your attorney will also fight for lost wages as well as for compensation for your pain and suffering. A knowledgeable accident attorney will know how to properly value your claim and will advocate tirelessly on your behalf to help you obtain a full and fair settlement.
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