Georgia Personal Injury Laws
Personal injury laws in Georgia are designed to allow victims of negligence or wrongful acts to pursue compensation from the at-fault parties. Under Georgia law, personal injury cases are based on the legal theory of negligence. This means that to successfully bring a claim, the injured party (plaintiff) must prove:
- The defendant owed them a duty of care
- The defendant breached that duty
- The breach directly caused the injury
- The injury resulted in damages
In Georgia, the statute of limitations for most personal injury claims is two years from the date of the injury. Failing to file a lawsuit within this timeframe can result in your case being dismissed.
The state follows a modified comparative fault system. If you are partially at fault for your injuries, your compensation may be reduced by your percentage of fault. However, if you are found to be 50% or more at fault, you are barred from recovering damages.
Georgia Car Accident Laws
Georgia is an "at-fault" or "tort" state for auto insurance. This means the person who caused the accident is responsible for paying for the resulting damages. Victims can file a claim:
- With their own insurance company (if they have coverage like MedPay or collision)
- With the at-fault driver’s insurance company
- Through a personal injury lawsuit
Any car accident in Georgia that results in injury, death, or property damage exceeding $500 must be reported to the police.
Georgia drivers must carry at least:
- $25,000 in bodily injury liability per person
- $50,000 in bodily injury liability per accident
- $25,000 in property damage liability
If the at-fault driver is uninsured or underinsured, your own uninsured/underinsured motorist (UM/UIM) coverage can help cover your losses.
Common Causes of Car Accidents
Car accidents can happen in a variety of ways, often due to negligent or reckless behavior. Some of the most common causes we see in Smyrna, GA include:
- Distracted Driving – Texting, talking on the phone, or using a GPS while driving
- Speeding – Driving over the posted speed limit or too fast for road conditions
- Driving Under the Influence – Alcohol and drugs impair reaction times and judgment
- Reckless Driving – Aggressive maneuvers, tailgating, or ignoring traffic signals
- Fatigued Driving – Especially common among truck drivers or late-night drivers
- Poor Road Conditions – Potholes, missing signs, and lack of proper maintenance
- Weather-Related Accidents – Rain, fog, or ice increasing the risk of losing control
Identifying the exact cause of your accident is critical to building a strong case and holding the correct party accountable.
Common Types of Damages in a Personal Injury Lawsuit
Victims of personal injury accidents are often entitled to recover several types of damages, including:
- Medical Expenses – Hospital stays, surgeries, medications, physical therapy, and ongoing treatment
- Lost Wages – Income lost due to being unable to work during recovery
- Loss of Earning Capacity – If your injury limits your ability to work in the future
- Pain and Suffering – Physical pain and emotional trauma from the injury
- Property Damage – Repairs or replacement of your vehicle or other personal property
- Loss of Consortium – For impact on relationships with a spouse or family
- Punitive Damages – In cases of extreme recklessness or intentional harm
At Van Sant Law, we work with medical professionals, economists, and accident reconstructionists to calculate the full value of your claim and fight for what you're owed.
Please contact us online or call our office directly at (800) 234-9556 to schedule your free consultation with a car crash injury lawyer or other personal injury attorney.
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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$122.5K For Young Man Involved in a Head-on Collision
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$3.5 Million Settlement for Client Who Was Involved In A Car Accident
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$400K For Neck & Back Injuries Sustained When Tractor Trailer Backed Out Improperly
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$110K Settled for Client Injured in T-Bone Collision
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$579K For a Client Who Was A Passenger Involved in a Ride Share Car Accident
FAQs About Personal Injury and Car Accident Claims in Smyrna, GA
How much does it cost to hire a personal injury lawyer at Van Sant Law?
Our Smyrna personal injury attorneys operate on a contingency fee basis, which means you pay nothing unless we win your case.
What should I do after a car accident in Smyrna?
Immediately check for injuries, call 911, document the scene, collect contact information from other drivers and witnesses, and seek medical attention. Then, contact a Smyrna personal injury lawyer for legal guidance.
How long will my personal injury case take?
Every case is unique. Some settle in a few months, while others may take a year or more if litigation is necessary.
Can I still recover damages if I was partially at fault for the accident?
Yes, under Georgia’s modified comparative fault rule, as long as you were less than 50% at fault, you can recover damages—though they will be reduced based on your percentage of fault.
What if the driver who hit me was uninsured?
If the at-fault driver is uninsured, you may be able to file a claim under your own UM/UIM coverage, if you have it.
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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!
Cobb County’s Dangerous Paths: A Closer Look
Accidents can occur on any stretch of roadway, but Cobb County unfortunately holds the dubious distinction of having some of Georgia’s deadliest stretches of highway. Studies of data from the federal Fatality Analysis Reporting System identified a nearly 4.5-mile stretch of South Cobb Drive, a 1.07-mile section of I-75 in Kennesaw, and a span of I-20 in Atlanta as having the highest numbers of fatality crashes in the state.
Whether they result in fatalities, significant injuries, or more minor damage, there is no question that highway accidents can cause long-lasting physical and emotional trauma for victims and their loved ones. The car and trucking accident attorneys at Van Sant Law understand this and are here to help.
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"They were diligent, timely, and very informative during the whole process."
Van Sant Law worked on my personal injury case, and they have gone above and beyond in representing me as a client. They gave multiple updates throughout the course of the case. I would highly recommend Van Sant to friends and family, and I would choose them as my personal injury attorney if I were to have a personal injury claim. Thank you, Van Sant Law!
- Tyriq R. -
"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. -
"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 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 -
"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 -
"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. -
"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 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.
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