Georgia Personal Injury Laws
Understanding Georgia’s personal injury laws is essential for pursuing compensation after an accident. Georgia follows a modified comparative negligence rule, which means you can still recover damages if you are less than 50% at fault for the accident. However, your compensation will be reduced by your percentage of fault.
For instance, if you are awarded $100,000 but found to be 20% at fault, your compensation would be reduced to $80,000. If you're found to be 50% or more at fault, you are barred from recovering damages entirely.
Georgia also has a statute of limitations for personal injury cases. Victims generally have two years from the date of the injury to file a lawsuit. Failing to file within this window can result in losing the right to seek compensation altogether.
Georgia Car Accident Laws
Car accident claims in Georgia operate under a fault-based system, which means the person who caused the accident is responsible for paying the damages. Victims can pursue compensation through:
- Filing a claim with their own insurance provider
- Filing a third-party claim against the at-fault driver’s insurer
- Filing a personal injury lawsuit in civil court
Georgia law requires all drivers to carry minimum liability insurance of:
- $25,000 for bodily injury per person
- $50,000 for bodily injury per accident
- $25,000 for property damage
Additionally, Georgia law mandates that drivers involved in an accident must stop, exchange information, and render aid. Failure to do so can result in criminal charges.
Common Causes of Car Accidents
At Van Sant Law, we’ve handled countless car accident claims in Woodstock, GA. Many of these accidents are preventable and stem from negligent behavior. The most common causes include:
- Distracted Driving: Texting, talking on the phone, and using in-car entertainment systems divert attention from the road.
- Speeding: Driving above the speed limit reduces a driver’s ability to react quickly to road hazards.
- Driving Under the Influence: Alcohol and drugs impair judgment and reaction time, making collisions more likely.
- Reckless Driving: Aggressive behaviors such as tailgating, unsafe lane changes, and ignoring traffic signals contribute to serious crashes.
- Fatigue: Drowsy drivers often have delayed reaction times and impaired decision-making.
- Poor Weather Conditions: Rain, fog, and ice can create dangerous driving conditions, especially if a driver fails to adjust their speed.
Common Types of Damages in a Personal Injury Lawsuit
When you’ve been injured in a car accident or other incident due to negligence, you may be entitled to various types of damages. These can include:
- Medical Expenses: Coverage for hospital bills, rehabilitation, medication, and ongoing treatment.
- Lost Wages: Compensation for time missed from work, as well as loss of future earning potential.
- Pain and Suffering: Non-economic damages for physical pain and emotional distress.
- Property Damage: Repairs or replacement costs for vehicles or other personal property damaged in the accident.
- Loss of Consortium: Damages awarded for the impact the injury has on your relationship with your spouse or family.
- Punitive Damages: In rare cases involving egregious conduct, such as drunk driving, courts may award punitive damages to punish the wrongdoer.
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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$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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$250,000 $250k for Neck Injury Case
For Neck Injury Case
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$235,000 $235k for Officer Who Was Struck While Directing Traffic
For Officer Who Was Struck While Directing Traffic
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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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$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
FAQs About Personal Injury and Car Accident Claims in Woodstock, GA
How do I know if I have a valid personal injury claim?
If you were injured due to someone else's negligence—whether in a car crash, slip and fall, or other incident—you likely have grounds for a personal injury claim. A Woodstock personal injury lawyer can review your case and explain your legal options.
What should I do after a car accident in Woodstock?
First, seek medical attention—even if your injuries seem minor. Next, call the police, exchange information with the other driver, and document the scene with photos. Then, contact a personal injury attorney before speaking with insurance adjusters.
How long does it take to resolve a personal injury case?
It depends on the complexity of the case. Some claims settle in a few months, while others—especially those that go to trial—can take a year or longer. Van Sant Law works efficiently to secure a fair resolution without sacrificing your rights.
What if the other driver is uninsured?
You may still be able to recover compensation through your uninsured motorist (UM) coverage. Our team can help you explore all available options to maximize your recovery.
Do I have to go to court?
Most personal injury claims are settled out of court. However, if the insurance company refuses to offer fair compensation, we are fully prepared to take your case to trial.
How much does it cost to hire Van Sant Law?
We work on a contingency fee basis, meaning you pay nothing upfront. We only collect a fee if we win your case.
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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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"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. -
"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 -
"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 -
"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. -
"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 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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"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.
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.
Why Choose Van Sant Law as Your Woodstock Personal Injury Attorney?
At Van Sant Law, we combine legal experience with personalized care. We understand how a serious injury can disrupt your life, and we’re here to make the recovery process easier. With a proven track record of success in personal injury and car accident claims across Georgia, we bring the resources and dedication needed to fight for justice on your behalf.
Our firm is proud to serve Woodstock, GA, and the surrounding Cherokee County area. Whether you’ve been injured in a car accident, slip and fall, dog bite, or workplace incident, our team is ready to advocate for your rights every step of the way.
Do not hesitate to call (800) 234-9556 or contact us online today to let our Woodstock personal injury lawyers get started on your case.
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