Car Accident Lawsuit Guide

Complete guide to car accident lawsuits in Georgia

    frequently asked questions about car accidents

    What you need to know regarding your Car Accident case.
    How Much is My Car Accident Injury Lawsuit Worth?

    Every Car Accident Lawsuit is different, as the details of each case are unique. However, there are usually three main factors that determine how much a car accident injury lawsuit is worth. These three factors are:

    1. Amount of Insurance Coverage Available.
    2. The Extent of the Injuries.
    3. Amount of Damage.

    Once a value is placed on these three main factors, your personal injury attorney will be able to draft a demand letter that will provide an accurate amount of compensation that he will fight to recover for you from the insurance company.

    Additional Resources:

    Personal Injury Case Value Calculator

    Types of Compensation After a Car Accident

    7 Tips for Getting the Biggest Accident Settlement 

    Maximizing Your Recovery After an Auto Accident in Georgia


    How Much does it Cost to Hire a Personal Injury Attorney?

    When a person is involved in a car accident, this is usually one of the first questions that they ask. Thankfully, Personal Injury Attorneys work on a Contingency Fee Basis.

    A Contingency Fee Basis means that they represent their clients at no charge unless they win their case.

    Once they win the Lawsuit for their client, they then take a small percentage of the settlement amount for their legal fees.

    Additional Resources:

    What is a Contingency Fee? 

    Lawyer's Fees in Personal Injury Cases


    What if I do not think that I was Injured in my Accident?

    If you have been involved in a Car Accident, you should always seek out a medical evaluation from a professional Car Accident Injury Specialist. 

    Unfortunately, many Car Accident Injury symptoms do not present themselves immediately following an accident.

    If you do not receive a diagnosis of your injury, it can lead to future medical complications down the road.

    Furthermore, if you are not diagnosed soon after your accident, it can lead to your injuries and their resulting medical bills being left out of your settlement.

    Additional Resources:

    Common Rear-End Car Accident Injuries

    5 Common Reasons for Car Accidents

    What if Injury Symptoms do not show right away?

    What if my Accident Was Months Ago?

    Even if your accident took place months ago, it is not too late to file a claim. States have what is called a Statute of Limitations that determine how long a person has to file a claim for a Personal Injury accident.

    In Georgia, the Statute of Limitations is two years, meaning you have two years from the date of your accident to file a claim.

    If you wait any longer than this period, the courts will refuse to hear your case.

    Although you have a long period of time to file a claim in the state of Georgia, the sooner you act the better off you will be.

    Additional Resources:

    Statute of Limitations in Georgia

    How Long Do Personal Injury Settlements Take?

    How Long Can I Sue Someone After a Car Accident?


    I Keep Getting Calls From an Insurance Company Asking Me Questions about my Accident. What should I tell them?


    If an insurance company attempts to contact you following an accident, you should not say anything. After an accident, you may be in shock or not thinking clearly. Anything you say can be used against you and impact the value of your settlement.

    Instead of speaking to the Insurance companies, you should first seek out advice from a legal professional. A Personal Injury Attorney understands the legal process and what types of statements you can and should not make to the insurance company.

    Once you have spoken to an attorney, make sure that you follow their advice. They may tell you there are a few things that you can tell them, or to not even pick up their calls. 

    An experienced Car Accident Injury Attorney will be able to provide you with the necessary guidance to protect your legal rights.

    Additional Resources:

    4 Mistakes People Make With Insurance Companies

    5 Myths Car Insurance Companies Want You to Believe

    I was Just in a Car Accident. What Should I Do?

    If you have just been involved in a car accident, here are some steps that you can follow in order to protect your legal rights.

    1. Call the Police: Even if your accident was minor, you should always contact the police. They will be able to document the scene of the accident in a police report and give the at-fault driver a citation, both of which are important pieces of evidence in a lawsuit. The police will also send a medical response team if necessary, to make sure that all injuries are treated properly. 
    2. Gather Evidence: If you are physically able to, you should gather as much evidence as possible at the scene of your accident. This includes taking pictures, getting the other drivers information, and speaking to and getting statements from any witnesses.
    3. Get Medical Treatment: Even if you do not think that you were injured in your accident, you should always seek out medical treatment. Some injuries take time to develop symptoms and getting those injuries documented as soon as possible after the accident is vital to your case.
    4. Speak With a Personal Injury Attorney: You should speak with a personal injury attorney if you have been involved in a car accident. Most attorneys offer a Free Consultation and can determine whether or not you have a case, and if you do, guide you through the legal process.

    Additional Resources:

    What Information do I need after a Car Accident?

    What to do after a Car Accident that was not your Fault

    Important Personal Injury Laws in Georgia You Should Know

    What to do after a Car Accident in Georgia

    I was Injured in a Car Accident that was partly my fault. Do I still have a case?

    Even if you were partially at fault for your Car Accident, you are still entitled to a settlement. Georgia uses what is called a Modified Comparative Fault ruling to determine the amount of fault each driver was in an accident.

    During settlement negotiations, it will be determined what percentage of fault, if any rests with you. Then, the amount of financial compensation you are awarded in your settlement will be reduced by the percentage of fault assigned to you.

    These intense negotiations and determining the percentage of fault are where having an experienced car accident attorney can make all the difference in you receiving the amount of financial compensation you deserve.

    Additional Resources:

    How Police Reports Establish Fault in Car Accidents

    Georgia Fault and Negligence Laws

    What is Comparative Negligence?

    What if I was given a citation but I do not think that the car accident was my fault?

    Unfortunately, if you are injured in a car accident and are given a citation, you will usually not be eligible to receive compensation.

    Even if you go to court and successfully fight the ticket and get it removed, the insurance companies are no longer liable to pay out a settlement.

    However, as we have said every case is unique. If you think that the other driver was at fault, speaking with an experienced Personal Injury Attorney is the best course of action to take.

    Additional Resources:

    Common Personal Injury Claims in Georgia

    What you need to know before hiring an Attorney

    What if my car is Undrivable? Do I have to pay for a Rental Car?

    If you are in a Car Accident that is not your fault, the at-fault driver's insurance company will be responsible for paying for a rental car if yours is undrivable.

    Sometimes, this process can take a few days, because the insurance company will want to send an adjuster and investigate the accident before paying out for a rental car.

    Having an Attorney speak with the at-fault party's insurance company can help get this process accomplished faster.

    Additional Resources:

    Can I get a Rental Car after my Car Accident?

    Who Pays for my Rental Car after a Car Accident that was not my fault?


    I was the passenger in a Car Accident. Can I still sue for Injuries and Damages?


    If you were involved in a car accident where you were a passenger, there are a few options available to you to recover damages caused by the accident. Depending on which driver is determined to have been at fault, you can file a claim against that driver's insurance company to receive compensation.

    Depending on the amount of fault assigned to each driver in the accident, you may have to file a claim against both driver's insurance companies. However, it is important to understand that a passenger cannot receive more compensation than the total amount of the claim, even if both drivers insurance companies are involved.

    Additional Resources:

    What to know if you are injured in a Car Accident where you were a Passenger.

    Passenger Car Accident Injury Claims

    Why are Photos So Important to Protecting My Case and What Photos Should I Take?

    After a car accident, an investigation will be done by your insurance company and attorney to determine the cause of the accident, extent of vehicle damage, and extent of injuries to all persons involved. 

    Photos provide the best evidence for all of these aspects of the accident because they can not be tampered with or distorted.  

    Therefore, you want to provide your insurance company with as many photos as possible, and you also want to make sure that you get multiple angles of everything that you photograph.

    Make sure to get photographs of the following: 

    • The Vehicles
    • The Scene of the Accident
    • The Surrounding Area of the Accident
    • The Weather
    • Your Injuries 

    To learn more about the importance of photos after a car accident click this link


    More Questions? Give us a Call or Leave Us a Comment Below.