Car Accidents in Georgia: Understanding Your Options and Rights
Mighty is your go-to source for information on navigating the aftermath of a car accident in Georgia.
Car accidents can happen anywhere, and Georgia is no exception. Unfortunately, motor vehicle crashes are the leading cause of injury deaths and the second leading cause of hospitalizations state-wide (source).
From Atlanta to Athens, if you're involved in an accident in Georgia, the costs easily add up. An experienced personal injury team can kickstart your healing journey and help you take control of your financial, medical, and emotional recovery.
If you are seeking legal assistance, our attorney directory includes a selection of personal injury attorneys in your area who can provide support and guidance through your recovery process.
Joshua is a lawyer and tech entrepreneur who speaks and writes frequently on the civil justice system. Previously, Joshua founded Betterfly, a VC-backed marketplace that reimagined how consumers find local services by connecting them to individuals rather than companies. Betterfly was acquired by Takelessons in 2014. Joshua holds a JD from Emory University, and a BA in Economics and MA in Accounting from the University of Michigan.
What should I do if I get in a car accident in Georgia?
If you're in a car accident in Georgia, notify law enforcement and seek the required medical help right away. The police can help you fairly assess the accident scene and will draw up a report that will serve as important evidence if you decide to seek compensation down the line. Exchanging insurance and driver's license information and collecting photo evidence are also standard practices in the event of an accident.
Is Georgia a no-fault state for car accidents?
Georgia is an at-fault state, which means that the party responsible for the accident, or their insurance, pays for all damages suffered by the car accident victim, including medical bills, lost income, property damage, and pain and suffering. It's often beneficial to consult with a car accident lawyer in Georgia to help you understand your rights and the potential for obtaining damages.
Is it possible for me to file a lawsuit for a loved one's wrongful death in a fatal car accident?
Under Georgia law, the right to seek compensation after an accident does not disappear if the car accident victim passes away. Rather, the option to file a claim is transferred to their estate or family members. According to state law, the spouse or child(ren) of a victim can pursue a wrongful death claim and seek compensation after a fatal accident. If a parent has lost a child who was unmarried and childless, they may also have the right to file a claim.
Is it possible to get compensation in Georgia even if you caused the auto accident?
If you're found to be at fault in any capacity, it's probable that you won't be able to obtain any financial compensation through a claim. However, as per Georgia law, if you were found to be less than 50% responsible for the accident, you can still seek to recover a portion of the overall damages.
What is the average settlement for a car accident in Georgia?
Settlement amounts are often kept private, so a state-wide average is unfortunately unavailable. However, while roughly 75% of personal injury claims settle for less than $30,000, some settlements can reach the millions of dollars. The Insurance Information Institute has also reported that the average claim for bodily injury in 2020 was $20,235, and for property damage was $4,711 (source).
Your specific case will depend on the severity of the car accident injuries, among other factors. It can be challenging to estimate the value of your case without professional guidance. Consulting with a car accident attorney can provide insight into your specific situation.
Is hiring a car accident lawyer in Georgia necessary?
After a car accident, a thousand thoughts race through your mind. Should I hire a lawyer? probably isn't one of them. That being said, while it isn't mandatory that you hire a personal injury attorney following a car accident, having experienced legal support can be helpful—especially if you have questions about who was at fault or what exactly happened. In complicated cases, a lawyer can help uncover key details and ensure you receive fair treatment.
How much does a car accident lawyer in Georgia cost?
Many car accident lawyers in Georgia work on a contingency fee basis, which means that you only pay if you win your case. Fees can vary, so it's important to discuss this with any attorney you consider hiring. Typically, contingency fees range from 33% to 40% of the final settlement amount.
It's advisable to inquire about the fee structure and any additional costs you might incur before selecting a lawyer to represent you.
What does the process of working with a car accident lawyer look like after a car crash in Georgia?
Initially, you would contact a lawyer to discuss your case. They will then gather important information about your situation to determine if they can assist you.
Once you're represented, your lawyer will begin collecting information about your Georgia car accident. This can include photo evidence, official accident reports, insurance information, medical documents, and more. They will then build your car accident case and file a demand letter. Negotiations with the insurance company will follow to reach a satisfactory settlement. If this isn't possible, your lawyer may file a lawsuit on your behalf.
How long will it take to investigate a car accident claim in Georgia?
There is no universal answer to how long it takes to resolve a claim. The average personal injury claim takes 1.5 years to settle, but your specific case will depend on the complexity of the accident and many other factors.
The statute of limitations for car accidents in Georgia is 2 years, which means you'll need to file your car accident lawsuit within that time period if you wish to pursue financial compensation. It's important to consult with a lawyer as soon as possible to ensure that your claim is filed in a timely manner.
Who pays for medical bills in a car accident in Georgia?
Typically, the at-fault party's insurance company is responsible for paying medical bills after a settlement is reached. In the meantime, you have several options:
- Using your health insurance or Medicare, if available.
- Treating with a medical provider who will accept "liens" as payment. A lien allows the medical provider to be paid out of the settlement. If you don't settle your personal injury case, the lien is usually not enforced against you personally.
Regardless of the situation, it's important to seek medical treatment as soon as possible following an accident.
Blade Injury Law
5317 Peachtree Blvd #408, Chamblee, GA 30341
Kenneth S. Nugent, P.C.
1355 Peachtree Street, Ne, Suite 1000, Atlanta, GA 30309
Law Offices of Kanner & Pintaluga
201 Peachtree St. N.E., Suite 200, Atlanta, GA 30303
John Foy & Associates Personal Injury Law
3343 Peachtree Rd Ne #350, Atlanta, GA 30326
The Roth Firm
950 East Paces Ferry Rd, Atlanta, GA 30326
3423 Piedmont Rd NE
Atlanta, GA 30305