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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$3 Million Leg Injury Case Involving Tractor Trailer on I-75
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$2.3 Million Leg Injury When Tractor Trailer Crossed Center Line
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$850K T-Bone Collision With Resulting Neck Injuries
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$400K For Neck & Back Injuries Sustained When Tractor Trailer Backed Out Improperly
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$3.5 Million Settlement for Client Who Was Involved In A 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. -
"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 -
"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. -
"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. -
"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 -
"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. -
"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.
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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