Key Takeaways
- Under O.C.G.A. § 9-3-33, a personal-injury claim from a Georgia car accident must be filed within two years of the crash — missing this deadline almost always extinguishes the claim entirely.
- Georgia's modified comparative negligence rule (O.C.G.A. § 51-12-33) reduces your recovery by your share of fault and bars it completely at 50%.
- Georgia Department of Transportation crash data consistently shows urban arterial roads, intersections, and entrance ramps as the leading crash locations across the state.
- Hit-and-run drivers violate O.C.G.A. § 40-6-270, but criminal prosecution does not pay medical bills — recovery comes through your own UM coverage under O.C.G.A. § 33-7-11.
When you should consider hiring a car accident lawyer for your car accident case.
After being in a car accident, one of the decisions a person has to make is do I need to hire a car accident lawyer? Our legal team explains below that hiring a lawyer to help you is never a bad idea, but it is not always necessary. Sometimes if an accident is minor, or there is little damage then you might not need to hire a lawyer.
With that being said, there are many different factors that play into your car accident case and a car accident attorney can help you determine your best options.
Why should you hire a personal injury lawyer and when should you do it?
Most collisions that are more severe should have a lawyer helping victim. For example, if a car accident leads to physical injuries, heavy damage, or death, seeking the help of an experienced and specialized car accident lawyer will probably be necessary. Thankfully, many car accidents are minor, like fender benders. These car accidents are easily resolved without the need of an experienced car accident lawyer. However, sometimes there are laws specific to your state that could mean you are entitled to even more compensation than the other driver’s insurance company is willing to pay.
An experienced Georgia car accident attorney can help you recover damages that are caused by the accident. These damages range from medical expenses and lost wages, to automobile replacement and repair.
As far as when someone should reach out to a car accident lawyer, we always recommend that the earlier the better. When you hire a lawyer soon after a car accident, you can protect yourself from being taken advantage from from the at-fault driver’s insurance company. This is especially true if you have never had to deal with a serious car accident. There are also a deadline for filing a personal injury claim, so you will want to make sure you meet the deadline.
Bottom line, the sooner the better.
What should I look for in a car accident attorney?
When it comes to personal injury claims, car accidents make up a majority of the calais. So, you should be sure to do your homework and research your different options for legal representation. There are many different types of personal injury lawyers, but not all of them can provide the specific experience that you need for your case. However, most personal injury lawyers want to seek the best results for their clients.
You should look for an attorney who loves the work he or she does, that is experienced in personal injury law, and that is specialized in the type of case that you have. So many personal injury lawyers try to “do it all,” but to get maximum compensation you need to find the lawyer that specializes in the type of case that you have.
The most well-regarded car accident attorneys will take your case on a contingency fee basis. This means that you will only pay a fee if the attorney wins your case and gets you compensation. Learn more about how much a car accident lawyer costs in Georgia. You should search online and ask friends and family if they have any recommendations for experienced car accident lawyers who you can talk to about your case.
And do not be afraid to shop around and find a lawyer that you get along with and you believe will truly have your best interest at heart. You should be treated like family from your personal injury lawyer. At least, that is how we like to do it.
Should I hire a car accident attorney following a minor car accident?
Most of us have had some sort of minor fender bender or bump in our car at some point. Many people think that you might not need to speak with a lawyer about that kind of car accident. But, since the top personal injury law firms are only paid if they win your case, then you have nothing to lose to find out of you have a case.
You can get a free, no-commitment evaluation of your car accident case and move forward with confidence that you have looked at your case and made the decision as to hiring a car accident lawyer.
What does a personal injury lawyer do that I can’t do myself?
The legal field can be very complicated. And most people do not have experience with U.S. and Georgia car accident laws. So, it might be difficult for you to determine if you are getting the maximum compensation in your car accident case. Try our settlement calculator to get a ballpark estimate of what your case could be worth. Experienced personal injury lawyers understand the specifics of their state’s laws and can make sure you get every dollar of compensation that you deserve.
An experienced personal injury lawyer specializing in car accidents will help you through all of the steps of filing a claim, writing a demand letter, negotiating with the insurance company, and taking your case to trial to make sure you have full justice in your case.
Frequently Asked Questions
Should I give a recorded statement to the other driver’s insurer?
No. The adjuster’s job is to minimize the payout, and recorded statements are mined later for any admission of fault, exaggeration, or inconsistency. You can decline politely and refer them to your attorney or your own insurer.
How is fault determined in a Georgia car accident?
Fault is determined through the police report, scene photos, witness statements, traffic-camera footage where available, vehicle damage patterns, and (for serious crashes) accident-reconstruction analysis. Insurance adjusters apply Georgia’s comparative-negligence rule under O.C.G.A. § 51-12-33 when allocating fault percentages.
How long do I have to file a car-accident claim in Georgia?
Two years from the date of the crash under O.C.G.A. § 9-3-33 for personal injury and wrongful death. Property-damage-only claims have four years under O.C.G.A. § 9-3-32. Missing the deadline almost always bars the claim entirely, even if the at-fault driver clearly caused the crash.
What is modified comparative negligence in Georgia?
Under O.C.G.A. § 51-12-33, a Georgia plaintiff who is less than 50% at fault can still recover, but their damages are reduced by their percentage of fault. At 50% or more, recovery is barred entirely. This is why insurance adjusters work hard to assign you any percentage of fault they can.
