Category: Atlanta Car Accident Attorney

If you’ve been injured in a car accident in Georgia, timing is more important than you may think. We speak with injured clients every day who don’t realize how quickly deadlines can pass—and how much harder it becomes to recover damages when too much time has gone by. From the moment an accident happens, the clock starts ticking. The sooner you start the legal process, the better positioned you are to protect your health, your finances, and your legal rights.

Under Georgia law, personal injury claims are subject to a statute of limitations, which means you only have a limited window to file a lawsuit. But the real urgency goes beyond court deadlines. Beginning your claim early allows us to gather critical evidence, speak with witnesses while memories are still fresh, and build a strong case before the insurance companies begin working against you. Waiting too long can jeopardize your case, limit your compensation, and even lead to a full dismissal.

Understanding Georgia’s Statute Of Limitations

In Georgia, the statute of limitations for personal injury claims—including auto accidents—is two years from the date of the accident, as set forth in O.C.G.A. § 9-3-33. This law applies to claims involving injuries caused by the negligence of another person or entity. If you try to file a lawsuit after this period has expired, the court will almost certainly dismiss your case.

This deadline is strict, but it can vary depending on the circumstances. For instance, if the accident involved a government vehicle, you may need to file a notice of claim within six months under O.C.G.A. § 36-33-5. That’s why it’s so important to speak with an attorney immediately after your accident.

Why Immediate Action Matters

Even though you may have up to two years to file, waiting can damage your case. Evidence disappears. Witnesses become harder to contact. Insurance adjusters may use your delay against you. Starting the process now gives us the chance to investigate, preserve evidence, and make sure your rights are fully protected.

We also want to ensure that your medical care and bills are well-documented from the start. Insurance companies often try to argue that a delay in treatment means your injuries aren’t serious. By getting legal help early, you avoid those traps and give yourself the best chance to secure full compensation.

FAQs About Auto Accident Injury Claims In Georgia

What Is The Time Limit For Filing An Injury Lawsuit After A Car Accident In Georgia?

Under O.C.G.A. § 9-3-33, you have two years from the date of the accident to file a personal injury lawsuit in Georgia. This time limit applies to claims for bodily injury resulting from another person’s negligence. If your lawsuit is not filed within that time, it will likely be dismissed, and you won’t be able to recover compensation through the courts.

Does The Two-Year Statute Of Limitations Start On The Day Of The Accident?

Yes. In most cases, the two-year clock starts ticking on the actual date the accident occurred. However, in rare cases involving delayed discovery of injury or tolling of the statute, the deadline may shift. Still, it’s never safe to assume you’ll have more time. We strongly recommend you begin your claim as soon as possible.

Can I Still Recover Damages If I Was Partially At Fault?

Yes. Georgia follows a modified comparative fault rule under O.C.G.A. § 51-12-33. You can recover damages as long as you are less than 50% at fault. However, your compensation will be reduced by the percentage of your fault. For example, if you’re found to be 30% responsible, your recovery would be reduced by 30%.

What Happens If I Miss The Filing Deadline?

Missing the two-year statute of limitations generally means you lose your right to sue. Courts will not consider late filings, and insurance companies know this. If they believe the deadline has passed, they will refuse to offer a settlement. That’s why we always encourage injured clients to act immediately.

Are There Any Exceptions To The Statute Of Limitations?

There are some limited exceptions. If the injured person is a minor, the clock may be paused until they turn 18. Similarly, if the defendant leaves the state or there is fraudulent concealment, the statute may be tolled. These exceptions are rare and legally complex, so it’s best to consult an attorney right away if you think an exception might apply.

Does Filing An Insurance Claim Count As Filing A Lawsuit?

No. Filing a claim with the insurance company does not stop the statute of limitations from running. To preserve your right to seek damages in court, you must file a formal lawsuit in the appropriate Georgia court within two years. 

What If The Accident Involved A Government Vehicle Or City Employee?

Claims against government entities must be filed much sooner. Under O.C.G.A. § 36-33-5, you may need to give formal notice within six months of the incident if the at-fault party is a municipal employee or agency. This is known as an ante litem notice. Failing to file this notice properly can bar your claim.

Why Should I Call An Attorney Immediately After My Accident?

The longer you wait, the more risk there is to your case. Evidence can be lost or destroyed. Medical records may not reflect the seriousness of your injuries. Insurance companies may try to shift blame or minimize your claim. By calling us right away, we can preserve the facts, protect your rights, and give you the best possible chance at recovering full damages.

Call Our Atlanta Car Accident Lawyer To File Your Georgia Accident Claim

If you’ve been injured in a car accident, your time to take legal action is limited, and your financial future may depend on the steps you take now. At Shani O. Brooks P.C., we’re committed to helping you recover full compensation for your injuries, medical bills, lost income, and pain. Our office is located in Atlanta, and we represent clients across the State of Georgia.

Contact our Atlanta auto accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. Let’s take the first step toward securing the justice your case deserves.

Being a passenger in a car accident can be a frightening and disorienting experience. Unlike the driver, you have no control over the vehicle, yet you may suffer serious injuries due to someone else’s negligence. Many passengers wonder whether they can hold the driver accountable for their injuries and recover compensation. Under Georgia law, injured passengers have the right to seek damages from the at-fault party, whether it is the driver of the car they were in or another motorist involved in the crash.

Pursuing a claim as a passenger involves understanding liability, dealing with insurance companies, and determining whether filing a lawsuit is necessary. Georgia follows a fault-based system, meaning that the at-fault party’s insurance is typically responsible for covering medical expenses, lost wages, and other damages. However, if the driver of the vehicle you were in caused the accident, you may have the right to file a claim against them, even if they are a friend, family member, or someone you know personally. Understanding how Georgia personal injury laws apply can help you make informed decisions about your legal options.

Determining Liability In A Passenger Injury Case

Under O.C.G.A. § 51-1-6, Georgia law allows injured parties to seek damages when another person fails to uphold their legal duty of care. For passengers, this means that if the driver acted negligently—whether by speeding, texting while driving, or driving under the influence—you may have a valid claim against them.

Common causes of driver negligence include:

• Distracted driving, such as texting, eating, or adjusting the radio
• Speeding or reckless driving
• Driving under the influence of alcohol or drugs
• Failing to obey traffic signals or stop signs
• Drowsy driving or falling asleep at the wheel

If another driver caused the accident, their liability insurance should cover your injuries. However, if the driver of the car you were in was responsible, you may need to pursue a claim through their insurance or file a lawsuit to recover damages.

Can A Passenger File A Lawsuit Against The Driver?

Yes, injured passengers can file a lawsuit against the driver of the vehicle they were in if that driver was responsible for the accident. Under Georgia’s modified comparative negligence rule (O.C.G.A. § 51-12-33), you may recover damages as long as you were less than 50% at fault for the accident. Since passengers typically do not contribute to a crash, they are often entitled to full compensation.

However, if you were aware that the driver was intoxicated or engaging in reckless behavior before getting in the car, the defense may argue that you assumed some level of risk. This could affect the amount of compensation you receive. Speaking with an attorney can help determine the best legal strategy for your case.

What Compensation Can Injured Passengers Recover?

Injured passengers can pursue compensation for:

• Medical expenses (hospital bills, physical therapy, rehabilitation)
• Lost wages if the injury prevents you from working
• Pain and suffering for physical and emotional distress
• Permanent disability or reduced earning capacity

If the accident resulted in catastrophic injuries or wrongful death, additional claims may be available to cover future medical care, loss of companionship, and funeral expenses.

Car Accident Frequently Asked Questions

Can I Sue Both Drivers If They Share Fault?

Yes, Georgia follows a comparative fault system, meaning you can sue multiple at-fault parties for your injuries. If both drivers were negligent, liability may be divided between them, and their insurance policies may share responsibility for compensating you. The percentage of fault assigned to each driver determines how much compensation you may recover from each party.

What If The At-Fault Driver Is A Family Member Or Friend?

Filing a claim against someone you know can be uncomfortable, but it is important to remember that you are pursuing compensation from their insurance company—not them personally. Medical bills, lost wages, and long-term rehabilitation costs can add up quickly, and you should not have to pay for damages caused by another’s negligence. Most personal injury claims are resolved through insurance settlements, meaning the at-fault driver’s personal assets are not at risk.

What If The Driver Is Uninsured Or Underinsured?

If the at-fault driver does not have insurance or has inadequate coverage, you may still recover compensation through your own uninsured/underinsured motorist (UM/UIM) policy. Georgia law does not require UM/UIM coverage, but many policies include it as an added protection. If you have this coverage, it can help pay for medical expenses, lost wages, and other damages when the responsible party cannot.

How Long Do I Have To File A Lawsuit?

Georgia has a two-year statute of limitations for personal injury claims. This means that you have two years from the date of the accident to file a lawsuit. If you do not take legal action within this time, you may lose your right to recover compensation. However, there are some exceptions that may extend or shorten this deadline. Consulting an attorney as soon as possible ensures that your claim is filed on time.

Do I Need An Attorney To Handle My Case?

While you are not legally required to have an attorney, working with a personal injury lawyer significantly increases your chances of securing full compensation. Insurance companies often attempt to minimize payouts, delay claims, or shift blame onto victims. An attorney can negotiate on your behalf, handle all legal paperwork, and fight for the maximum settlement possible. If the case goes to court, an experienced trial lawyer will represent you and present evidence to support your claim.

How Can An Attorney Help If The Insurance Company Offers A Low Settlement?

Insurance companies frequently offer low initial settlements in hopes that claimants will accept less than they deserve. If an offer does not fully cover your medical bills, lost income, and other damages, an attorney can evaluate whether the amount is fair and negotiate for a higher payout. If negotiations fail, taking the case to trial may be the best option. Legal representation ensures that you do not settle for less than what your injuries and suffering warrant.

Call Our Atlanta Car Accident Attorney For Your Free Consultation 

If you were injured as a passenger in an Atlanta car accident, you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. At Shani O. Brooks P.C., we fight for injured passengers and help them recover the financial support they need to move forward. Contact our Atlanta auto accident lawyer at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. We represent clients from our Atlanta office and serve accident victims throughout the entire state of Georgia.

Car accidents can have devastating consequences, leaving victims with serious injuries, financial burdens, and emotional distress. Under Georgia personal injury law, victims have the right to seek compensation for their losses. These accident-related damages generally fall into two categories: economic damages, which cover financial losses, and non-economic damages, which compensate for pain and suffering. Understanding the differences between these types of damages is essential when pursuing a car accident claim in Georgia.

Economic Damages: Recovering Financial Losses

Economic damages are quantifiable financial losses that result directly from an accident. These damages are meant to reimburse victims for out-of-pocket expenses and financial hardships caused by their injuries.

Some of the most common types of economic damages in Georgia include:

• Medical Expenses – This includes hospital bills, doctor visits, surgeries, prescription medications, physical therapy, and any other medical treatments related to the accident. Under O.C.G.A. § 51-12-7, victims have the right to recover reasonable medical costs.
• Lost Wages – If an injury prevents a victim from working, they may recover compensation for lost income. This includes wages lost due to hospitalization, recovery time, or disability that affects their ability to return to work.
• Future Medical Costs and Lost Earning Capacity – In cases where injuries result in long-term disabilities or ongoing medical treatment, victims may also recover compensation for anticipated future medical expenses and lost future income.

Since economic damages are based on verifiable financial records such as bills, receipts, and pay stubs, they are easier to calculate than non-economic damages.

Non-Economic Damages: Compensating For Pain And Suffering

Non-economic damages are more subjective and address intangible losses that do not have a direct financial cost. These damages reflect the emotional and psychological toll a car accident can have on a victim’s life.

Common non-economic damages in Georgia include:

• Pain and Suffering – Compensation for physical pain, discomfort, and suffering caused by injuries.
• Emotional Distress – Many victims experience anxiety, depression, PTSD, or emotional trauma following a serious accident.
• Loss of Enjoyment of Life – If an injury prevents a victim from engaging in hobbies, sports, or activities they once enjoyed, they may seek compensation for this loss.
• Loss of Consortium – In cases where an injury affects a victim’s ability to maintain relationships with their spouse or family, compensation may be awarded.

Unlike economic damages, non-economic damages are more difficult to quantify since they do not come with bills or receipts. Georgia law allows juries to use their discretion in determining fair compensation for these losses.

How Georgia Law Limits Non-Economic Damages

While Georgia does not cap non-economic damages in most personal injury cases, there are exceptions. For example, medical malpractice cases have a cap on non-economic damages, but car accident victims are generally entitled to full compensation based on their suffering.

Additionally, Georgia follows comparative negligence laws under O.C.G.A. § 51-12-33, meaning a victim’s compensation can be reduced if they are partially at fault for the accident. If a victim is found to be 50% or more responsible, they may be barred from recovering damages altogether.

Georgia Car Accident FAQs

What Evidence Do I Need To Prove Economic And Non-Economic Damages?

Documentation is key to proving economic damages. Medical bills, pay stubs, tax returns, receipts for vehicle repairs, and insurance statements can all serve as proof of financial loss.

For non-economic damages, testimony from medical professionals, mental health counselors, family members, and even the victim’s own journal entries about their pain and suffering can be used as evidence. Photographs of injuries and video recordings of daily challenges may also help support these claims.

How Are Non-Economic Damages Calculated In Georgia?

Since non-economic damages do not have a fixed dollar value, courts often use multipliers or per diem methods to calculate compensation.

• Multiplier Method: Economic damages are multiplied by a factor (usually between 1.5 and 5) depending on the severity of the injury.
• Per Diem Method: A daily monetary value is assigned to the victim’s pain and suffering, multiplied by the number of days they endure the effects of the accident.

The amount awarded varies depending on jury discretion, medical evidence, and legal arguments presented.

Can I Recover Damages If I Was Partially At Fault For The Accident?

Yes, but your compensation will be reduced based on your percentage of fault. Georgia follows a modified comparative negligence rule, meaning that if you were less than 50% at fault, you can still recover damages, but they will be reduced proportionally.

For example, if you were found to be 20% at fault and your total damages were $100,000, you would only be able to recover $80,000. However, if you were 50% or more at fault, you would be barred from recovery under O.C.G.A. § 51-12-33.

Is There A Time Limit To File A Car Accident Claim In Georgia?

Yes. The statute of limitations for filing a personal injury lawsuit in Georgia is two years from the date of the accident. If the claim involves property damage, the time limit extends to four years.

If a lawsuit is not filed within this timeframe, victims lose their right to seek compensation. However, exceptions may apply, such as cases involving minors or incapacitated individuals.

Can Family Members Recover Damages For A Fatal Car Accident?

Yes. If a loved one passes away due to a car accident, family members may file a wrongful death claim. Compensation may include:

• Funeral and burial expenses
• Medical costs before death
• Loss of income the deceased would have earned
• Emotional suffering and loss of companionship

Only specific family members—such as spouses, children, or parents—may file wrongful death claims in Georgia.

What If The Insurance Company Denies My Claim?

Insurance companies often try to minimize payouts or deny claims altogether. If your claim is denied, it is crucial to speak with an attorney who can challenge the denial, negotiate a fair settlement, or take the case to court if necessary.

Evidence, strong legal arguments, and persistence can make a significant difference in securing the compensation you deserve.

How Can A Georgia Auto Accident Attorney Help With My Case?

A skilled Georgia accident attorney can:

• Gather evidence to prove fault and damages
• Negotiate aggressively with insurance companies
• Ensure compliance with legal deadlines
• Present a strong case in court if a settlement is not reached

An attorney’s guidance and experience can make the difference between a lowball settlement and full compensation for your losses.

Call Our Georgia Car Accident Lawyer For A Free Consultation 

If you or a loved one has been injured in a Georgia car accident, our legal team at Shani O. Brooks P.C. is ready to help. We are committed to securing maximum compensation for our clients and ensuring that their rights are protected against insurance companies and liable parties. Contact our Atlanta auto accident lawyer at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. We proudly serve clients from our office in Atlanta and throughout the state of Georgia.

After a car accident in Georgia, many victims face serious financial hardships, including the loss of income due to missed work. When injuries prevent someone from returning to their job, the financial strain can become overwhelming. Recovering lost wages is an essential part of a personal injury claim, allowing accident victims to seek compensation for the income they could not earn during their recovery. Our firm helps injury victims understand their rights under Georgia law and ensure they receive the compensation their cases deserve. 

Lost wages go beyond just hourly pay or salary. Wages can also include bonuses, commissions, and other income benefits. In Georgia, accident injury victims have the right to pursue monetary compensation for lost income if another party’s negligence caused their injuries. To recover these damages, you must provide the court with the proper documentation. Failing to take the necessary steps can leave victims without the financial support they need during recovery.

Georgia Law On Recovering Lost Wages After A Car Accident

Under Georgia law, accident victims can seek compensation for lost wages as part of a personal injury claim. O.C.G.A. § 51-1-6 allows individuals to hold a negligent party financially responsible for damages, including income lost due to the accident. To recover these damages, the injured party must demonstrate:

• The accident was caused by the defendant’s negligence.
• The injuries directly resulted in the victim’s inability to work.
• The amount of income lost due to the injury.

Lost wages are considered economic damages, meaning they are measurable financial losses. These damages are separate from non-economic damages, such as pain and suffering, and must be supported by clear evidence.

Proving Lost Wages In A Georgia Car Accident Claim

To recover lost wages, accident victims must provide evidence that clearly establishes the income they missed due to their injuries. Courts typically require:

• Employment Records – Pay stubs, W-2 forms, and tax returns are used to demonstrate regular income.
• Employer Statements – A letter from the employer confirming missed workdays and earnings lost.
• Medical Records – To prove the injury prevented the victim from working.
• Self-Employed Documentation – For business owners, profit and loss statements, tax documents, and client contracts can help prove lost income.

Providing comprehensive documentation is critical to ensuring the court fully understands the extent of the lost income. Without this proof, recovering damages can be challenging.

How Comparative Negligence Affects Lost Wage Recovery In Georgia

Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. This law states that an injured party can recover damages if they are less than 50% at fault for the accident. However, their compensation will be reduced by their percentage of fault. For example, if the court finds the victim 20% at fault, their lost wage recovery would be reduced by 20%.

This rule makes it essential for accident victims to have strong legal representation to minimize fault attribution and maximize compensation for lost wages.

Future Lost Wages And Loss Of Earning Capacity

In some cases, injuries may prevent a victim from returning to their job for an extended period or permanently affect their ability to earn income. Georgia law allows victims to seek compensation for:

• Future Lost Wages – Income lost due to extended recovery.
• Loss Of Earning Capacity – Reduced ability to earn due to permanent disability or long-term health limitations.

Calculating future lost wages requires expert testimony, such as from medical professionals and vocational experts, to project how the injury will impact long-term earning potential.

Georgia Accident FAQs

What Counts As Lost Wages In A Georgia Car Accident Claim?

Lost wages refer to income you could not earn because your injuries prevented you from working. This includes regular pay, bonuses, overtime, commissions, and even income from self-employment or contract work. Under O.C.G.A. § 51-1-6, victims can seek compensation for all income lost due to the accident.

How Can I Prove Lost Wages If I’m Self-Employed?

Self-employed individuals can prove lost wages using tax returns, profit and loss statements, bank statements, and documentation showing missed business opportunities. Client contracts and canceled invoices can also be helpful in establishing the financial impact of the accident. It is important to keep detailed records and work with an attorney familiar with complex wage claims to ensure all income is accounted for.

Can I Recover Future Lost Wages After A Georgia Car Accident?

Yes, Georgia law allows accident victims to seek compensation for both current and future lost wages if the injuries affect their ability to work long-term. To prove future lost wages, medical records, expert testimony, and vocational assessments may be necessary to demonstrate the ongoing impact on earning capacity.

What If My Employer Won’t Confirm My Missed Work?

If your employer refuses to provide a statement confirming your missed work, you can still prove lost wages with pay stubs, tax documents, and medical records. Testimony from coworkers or prior employment records can also support your claim. Our legal team can work with your employer directly to obtain the necessary documentation.

How Long Do I Have To File A Lost Wage Claim In Georgia?

The statute of limitations for personal injury claims in Georgia is generally two years from the date of the accident,according to O.C.G.A. § 9-3-33. This deadline applies to all damages, including lost wages. Failing to file within this period can result in losing the right to seek compensation.

Does My Insurance Cover Lost Wages After A Car Accident In Georgia?

Georgia is an at-fault state, meaning the party responsible for the accident is liable for damages, including lost wages. If you carry personal injury protection (PIP) coverage, your policy may also help cover some lost income while your injury claim is pending. However, insurance companies often try to minimize payouts, making it essential to have legal representation to pursue the full compensation you deserve.

Call Our Atlanta Car Accident Attorney For Your Free Consultation

At Shani O. Brooks P.C., we understand how lost wages can create significant financial strain after a car accident. Our auto accident attorneys fight to make sure that accident victims recover the full compensation they deserve under Georgia law, including lost wages and other financial losses.

Contact our Atlanta car accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. Let us protect your financial stability and fight for the financial compensation your case deserves.

Multi-vehicle accidents in Atlanta often create complex situations where determining fault can be challenging. These accidents, often referred to as chain-reaction collisions, involve multiple drivers, each with their own version of events. Determining who is responsible requires careful examination of the evidence to establish liability under Georgia law. For those involved in these accidents, understanding how evidence is used to determine fault is critical to pursuing a personal injury claim or defending against one. 

In Georgia, personal injury cases, including those involving multi-vehicle accidents, are governed by O.C.G.A. § 51-1-6, which outlines the principles of negligence. To recover financial compensation for your losses, the injured party must prove that another driver’s negligence caused the crash. In multi-vehicle collisions, this process can become complicated as multiple parties may share responsibility. Evidence plays a vital role in piecing together what happened and ensuring that the appropriate parties are held accountable.

The Types Of Evidence Used In Multi-Vehicle Accident Cases

1. Police Reports – After a collision, law enforcement typically investigates the scene and prepares a report that includes observations, statements from drivers and witnesses, and a preliminary assessment of fault. While not definitive in court, police reports can provide valuable insight and serve as a starting point for determining liability.
2. Eyewitness Testimony – Witness accounts are crucial in multi-vehicle accidents. Their statements can help establish who initiated the chain reaction.
3. Traffic Camera And Dashcam Footage – Visual evidence from traffic cameras or dashcams can capture the exact sequence of events, making it easier to identify the actions of each driver involved. This type of evidence is particularly useful in disputes over fault.
4. Physical Evidence From The Scene – Skid marks, vehicle damage, and debris patterns can reveal the points of impact and the direction of travel for each vehicle. Accident reconstruction experts often use this evidence to recreate the events of the collision.
5. Driver Behavior – Cell phone records, alcohol or drug tests, and driving history can reveal whether a driver was distracted, impaired, or acting recklessly at the time of the accident.

Legal Implications Of Fault In Georgia

Georgia follows a modified comparative negligence rule, outlined in O.C.G.A. § 51-12-33, which means that a party can recover damages only if they are less than 50% at fault for the accident. This rule makes determining fault critical, as even a small percentage of fault assigned to a plaintiff can reduce the damages they can recover.

For example, if a driver is found to be 30% at fault for a multi-vehicle accident, their compensation will be reduced by that percentage. If their fault exceeds 50%, they are barred from recovering damages altogether. Understanding and proving fault is, therefore, essential to achieving a favorable outcome in these cases.

Multi-Vehicle Accident Frequently Asked Questions

How Is Fault Determined In Multi-Vehicle Accidents In Atlanta?

Fault in multi-vehicle accidents is determined by examining evidence such as police reports, eyewitness statements, video footage, and physical evidence from the scene. Accident reconstruction experts may also be used to analyze the sequence of events and assign liability to the responsible parties.

Can More Than One Driver Be At Fault In A Multi-Vehicle Accident?

Yes, in many multi-vehicle accidents, more than one driver shares responsibility. Georgia’s comparative negligence laws allow for liability to be divided among multiple parties. Each driver’s percentage of fault is determined based on their actions leading up to the accident.

What Should I Do After Being Involved In A Multi-Vehicle Accident?

After a multi-vehicle accident:

1. Prioritize your safety and seek medical attention if necessary.
2. Report the accident to the police and collect as much evidence as possible, including photos of the scene, contact information from witnesses, and statements from other drivers.

Contact an attorney to help protect your rights and handle communication with insurance companies.

How Does Georgia’s Modified Comparative Negligence Rule Affect My Claim?

Under Georgia’s modified comparative negligence rule, you can recover damages only if you are less than 50% at fault for the accident. If you are partially responsible, your compensation will be reduced by your percentage of fault. For example, if you are awarded $100,000 but are 20% at fault, your recovery will be reduced to $80,000.

What If The Driver Who Caused The Accident Was Uninsured?

If the at-fault driver is uninsured, you may still be able to recover compensation through your own uninsured motorist coverage if you have it. An attorney can help you navigate this process and explore all available options for recovering damages.

Call Our Atlanta Car Accident Attorney For Your Free Consultation

If you’ve been involved in a multi-vehicle accident in Atlanta, it’s crucial to protect your rights and ensure that the evidence is properly preserved to determine fault. At Shani O. Brooks P.C., we are committed to helping you build a strong case and securing the compensation you deserve. Multi-vehicle accidents are complex, and having experienced legal guidance is very important.

Contact our Atlanta car accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. From our office in Atlanta, we represent accident victims in Atlanta, and throughout Georgia. Let us help you take the next steps toward resolving your case.

Being hit by an uninsured driver in Atlanta is a frustrating and painful experience. With no insurance to cover your losses, you may feel unsure about what steps to take next. Fortunately, Georgia law provides victims with legal avenues for recovering financial compensation. Whether you have uninsured motorist coverage or need to explore other legal remedies, understanding your options is important. Also, taking the correct actions immediately after an accident can help protect your claim and make sure that you receive the compensation your case deserves. 

In Georgia, all drivers are required to carry a minimum level of auto insurance under O.C.G.A. § 33-7-11, which includes liability coverage to pay for injuries and damages caused to others. Unfortunately, not everyone follows this law, leaving injured drivers vulnerable. When you’re hit by an uninsured driver, it’s important to take action to protect your rights and hold the at-fault party accountable. Working with an experienced attorney can help you explore all avenues for recovering your losses, from your own uninsured motorist policy to pursuing a personal injury lawsuit.

Steps To Take After Being Hit By An Uninsured Driver

1. Call The Police – Report the crash to the police. A police accident report will document the details of the collision and serve as valuable evidence when pursuing your claim.
2. Seek Medical Attention – Seek medical care immediately, even if your injuries seem minor. 
3. Gather Evidence At The Scene – Take photos of the accident scene, damage to your vehicle, and any visible injuries. Collect contact information from any witnesses.
4. Notify Your Insurance Company – If you have uninsured motorist (UM) coverage, notify your insurance company promptly. UM coverage can help pay for your medical bills, property damage, and other losses when the at-fault driver is uninsured.
5. Consult An Attorney – Dealing with an uninsured driver can be complicated. An experienced auto accident attorney can evaluate your case, negotiate with insurance companies, and help you explore additional legal options for compensation.

Legal Remedies For Recovering Compensation

Under Georgia law, uninsured motorist coverage is optional but highly beneficial. If you carry UM coverage, your policy can compensate you for your injuries and damages when the at-fault driver lacks insurance. UM coverage can also apply if the at-fault driver flees the scene and cannot be identified.

If you do not have UM coverage, you may still have options. Georgia law allows accident victims to pursue a personal injury lawsuit against the at-fault driver under O.C.G.A. § 51-1-6. This statute enables you to seek compensation for medical bills, lost wages, pain and suffering, and other damages caused by the uninsured driver’s negligence.

Uninsured Motorist Coverage Frequently Asked Questions

What Is Uninsured Motorist Coverage In Georgia?

Uninsured motorist (UM) coverage is an optional type of auto insurance that protects you when you are injured in an accident caused by a driver who does not have liability insurance. Under O.C.G.A. § 33-7-11, Georgia insurers must offer UM coverage, but policyholders can choose whether to include it in their policies. This coverage can pay for medical expenses, property damage, and other losses.

Can I Sue The Uninsured Driver For Damages?

Yes, you can file a lawsuit against the uninsured driver. Under O.C.G.A. § 51-1-6, accident victims in Georgia have the right to seek compensation from negligent drivers. However, even if you win your case, recovering compensation may be challenging if the driver lacks significant assets. An attorney can help assess the feasibility of a lawsuit and explore other options.

What Should I Do If The Uninsured Driver Offers To Pay Out Of Pocket?

If the uninsured driver offers to pay for your damages out of pocket, proceed with caution. Without a formal agreement or payment upfront, there is no guarantee that they will follow through. It is better to involve an attorney who can negotiate on your behalf and ensure your rights are protected.

How Does Uninsured Motorist Coverage Work In Hit-And-Run Accidents?

If you have uninsured motorist coverage, it can apply to hit-and-run accidents where the at-fault driver cannot be identified. Your policy may cover your medical expenses, lost wages, and other damages, depending on your coverage limits. Reporting the accident to the police is critical in these cases.

What If I Don’t Have Uninsured Motorist Coverage?

If you don’t have uninsured motorist coverage, you may still have options. You can file a personal injury lawsuit against the at-fault driver under Georgia law. Additionally, your health insurance or other types of coverage may help with medical expenses. Consulting an attorney can help you determine the best course of action.

How Long Do I Have To File A Claim Or Lawsuit In Georgia?

In Georgia, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident under O.C.G.A. § 9-3-33. However, insurance claims should be filed as soon as possible. Prompt action is essential to protect your rights and avoid missing important deadlines.

Call Our Atlanta Car Accident Attorney For Your Free Consultation

If you’ve been hit by an uninsured driver in Atlanta, you need experienced legal representation to protect your rights and explore your options for compensation. At Shani O. Brooks P.C., our firm is dedicated to helping accident victims recover from their injuries and financial losses. Our team will guide you through the legal process, negotiate with insurance companies, and fight for the compensation you deserve.

Contact our Atlanta car accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. Our office is located in Atlanta, and we represent injury victims and their families throughout the entire state of Georgia. Don’t wait—contact us today to get the help you need and deserve.

Car accidents often cause obvious injuries such as cuts, bruises, or broken bones, but internal injuries are more subtle and deadly. Recognizing these injuries as quickly as possible can be crucial, as they may not show symptoms immediately. Internal injuries from car crashes occur when the impact causes damage to organs, blood vessels, or tissues, often leading to life-threatening complications. As personal injury attorneys in Georgia, we believe it’s essential for accident victims to understand the potential signs of internal injuries, what steps to take if they suspect an injury, and the legal options available to them if these injuries were due to someone else’s negligence.

The Types Of Internal Injuries Common In Car Accidents

In car accidents, various internal injuries can occur, and each type comes with unique risks. Here are the most common internal injuries:

Organ Damage – The force of a car crash can cause serious injuries to the liver, spleen, and kidneys. Organ damage often leads to internal bleeding and other severe complications that require immediate medical attention.

Traumatic Brain Injury (TBI) – This type of injury happens when the head sustains a jolt or impact, causing the brain to hit the skull’s interior. These brain injuries can lead to cognitive problems, memory loss, and even personality changes. 

Broken Ribs and Lung Injuries – Broken ribs can puncture or damage internal organs, such as the lungs. Collapsed lungs (pneumothorax) or internal bleeding in the chest (hemothorax) are serious conditions that can arise from rib fractures.

Internal Bleeding – While it may not be immediately visible, internal bleeding is life-threatening and often occurs after high-impact collisions. It can lead to a condition called “shock,” where the body’s organs do not receive enough blood.

Recognizing Symptoms Of Internal Injuries

Recognizing the signs of internal injuries is very important because they often don’t appear immediately after an accident. Some symptoms can take hours or even days to manifest. Here are key symptoms that may indicate an internal injury:

Abdominal Pain and Swelling – Internal bleeding in the abdomen can cause pain, tenderness, and visible swelling. If the abdomen feels hard or distended, it could be a sign of internal bleeding or organ damage.

Dizziness or Fainting – Dizziness, fainting, or general weakness could be a sign of shock due to internal bleeding, which prevents sufficient oxygen from reaching vital organs.

Nausea and Vomiting – Nausea and vomiting are common after a traumatic event, but if they persist, they could indicate a traumatic brain injury or internal organ damage.

Shortness of Breath – Difficulty breathing can point to lung injuries, particularly if a broken rib has punctured a lung or caused other internal issues.

Severe Headache or Confusion – Head injuries can be dangerous, especially if there’s a loss of consciousness, confusion, or memory problems. These symptoms are consistent with traumatic brain injury.

Georgia Legal Ramifications For Internal Injuries In Car Accidents

If another driver’s negligence caused your injuries, you have a legal right to pursue compensation for medical bills, lost wages, and other accident-related expenses. Georgia’s negligence laws hold at-fault drivers responsible for damages they cause in accidents. However, your attorney must prove that the other driver’s actions directly caused your injuries.

For car accident cases involving serious injuries like internal trauma, Georgia’s Modified Comparative Negligence law (O.C.G.A. § 51-12-33) applies. This law allows accident victims to seek compensation as long as they are less than 50% at fault for the accident. If you are partially at fault, your compensation may be reduced proportionally.

The Role Of Medical Documentation In Proving Internal Injuries

When it comes to pursuing financial compensation, medical records are vital. Internal injuries are often hard to detect initially, which is why timely medical attention and thorough documentation are a necessity. Medical records that detail the extent of your injuries and treatments can support your claim by providing evidence of the injury’s severity.

In some cases, insurance companies might attempt to argue that your internal injuries weren’t directly caused by the accident. However, medical records can show the timeline of your injuries, helping to establish a direct connection between the car crash and your condition.

Steps To Take If You Suspect Internal Injuries After A Car Accident

If you experience any symptoms of internal injury after a car accident, seek medical care immediately, even if you think the injuries might be minor. In addition to getting medical treatment, it’s wise to document the details of the accident, gather contact information from witnesses, and consult with a Georgia car accident attorney to understand your legal options.

Legal representation can help you file a personal injury claim, negotiate with insurance companies, and seek fair compensation under Georgia law. Internal injuries can result in extensive medical costs, long-term health complications, and loss of income, all of which may be recoverable through legal action.

Georgia Internal Injury Claim Frequently Asked Questions

Why Is Medical Documentation Important For An Internal Injury Claim In Georgia?

Medical documentation helps establish a direct link between the car accident and your internal injuries, which is critical for legal claims. In Georgia, insurance companies may argue that your injuries are unrelated or pre-existing. Having a clear record of diagnosis, treatment, and medical expenses supports your claim for fair compensation, helping you recover damages for medical bills, lost wages, and pain and suffering.

Can I Still Receive Compensation If I Was Partially At Fault For The Accident?

Yes, Georgia’s Modified Comparative Negligence law allows you to seek compensation if you’re less than 50% responsible for the accident. However, any compensation awarded may be reduced based on your degree of fault. For instance, if you were found to be 20% responsible, your compensation would be reduced by that amount. An experienced car accident attorney can help you understand how this law applies to your specific case.

What Legal Steps Should I Take If I Suspect An Internal Injury After A Car Crash?

If you suspect internal injuries, seek medical care immediately and document the accident details. After medical treatment, consult a Georgia car accident attorney to explore your options for filing a claim. Your attorney can gather evidence, handle negotiations with insurance companies, and help pursue compensation for your injuries. Quick action can ensure your rights are protected and improve your chances of a successful claim.

Call Our Atlanta Car Accident Attorney For Your Free Consultation

If you’ve suffered internal injuries in a car accident, Shani O. Brooks P.C. Attorneys at Law is here to help. We understand the complexities of Georgia personal injury law and are dedicated to seeking fair compensation for our clients. Our team will handle the legal aspects of your case so you can focus on recovery. Contact us today to schedule a consultation and learn how we can assist you with your personal injury claim.

Don’t wait to get the help you need. Contact our Atlanta car accident attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. We serve clients in Atlanta and throughout Georgia, providing compassionate, dedicated legal support from our office in Atlanta, Georgia. Let us help you get the compensation you deserve for your injuries and losses.

Being involved in a hit-and-run accident can be a painful and stressful experience, and it’s important that you act quickly to protect your legal rights and options. In Georgia, a hit-and-run is a serious offense with severe legal consequences. As experienced Georgia car accident attorneys, we want to help guide you through the steps you need to take after a hit-and-run to protect yourself and build a strong case if necessary. Our role is to provide you with legal advice, represent your interests in negotiations with insurance companies or the at-fault driver’s legal team, and make sure that you receive the financial compensation your case deserves.

Prioritize Safety: The First Legal Step After A Georgia Hit-and-Run Accident

First and foremost, when considering the most important Georgia hit-and-run accident legal steps, safety should always be the top priority. If you or anyone else is injured, it’s crucial to seek immediate medical attention. Your health is our primary concern. After ensuring that you’re in a safe location, contact law enforcement right away. In Georgia, it’s required by law to report motor vehicle accidents that result in injury, death, or significant property damage (O.C.G.A. § 40-6-273). Reporting the crash not only makes sure that law enforcement can investigate the accident but also helps document the situation. Police reports are crucial when pursuing monetary compensation for your damages.

Collecting Accident Evidence Is Critical To Your Case

Collecting as much evidence as possible is essential in a hit-and-run case. This may include taking photographs of the crash scene, vehicle damage, and any injuries. Eyewitness statements and video footage from nearby security cameras or dash cams can be valuable in identifying the fleeing driver. Remember, the more evidence you gather, the stronger your case becomes. Keep in mind that Georgia law (O.C.G.A. § 40-6-270) imposes criminal penalties on drivers who leave the scene of an accident, particularly if they fail to assist injured parties.

Exploring Uninsured Motorist Coverage For Compensation

One of the biggest challenges in hit-and-run cases is identifying the at-fault driver. If the driver remains unidentified, we can explore your uninsured motorist coverage (U.M. coverage). In Georgia, many drivers carry U.M. coverage as part of their auto insurance policies, which can help compensate for damages caused by a hit-and-run driver who cannot be located.

Pursuing A Civil Action Against The At-Fault Driver

In cases where the driver is found, they may face both civil and criminal charges. From a civil standpoint, we can help you pursue a personal injury claim to recover damages, including medical expenses, lost wages, pain and suffering, and property damage. This process involves gathering accident-related evidence, such as medical records and witness statements, and negotiating with insurance companies or the at-fault driver’s legal representation. 

If the hit-and-run resulted in a fatality, the victim’s family may be entitled to file a wrongful death claim under O.C.G.A. § 51-4-2. The criminal consequences for the at-fault driver can include fines, jail time, and suspension of their driver’s license under O.C.G.A. § 40-6-270.

Handling a hit-and-run accident can be complicated, but we’re here to ensure that you have the legal support you need to seek justice and monetary compensation. You are not alone in this. Every step you take after the crash can impact the success of your claim, so acting promptly and working with an experienced Georgia car accident lawyer can make a big difference in the outcome of your case.

Georgia Hit-And-Run Accident FAQs

What Should I Do Immediately After A Hit-And-Run Accident?

If you or a loved one are harmed in a hit-and-run accident, your first priority should be your safety and the safety of anyone else involved. Call the police to report the accident and provide them with as much information as possible about the fleeing driver, including the vehicle’s make, model, and color. If you can safely do so, gather evidence, such as photos, eyewitness information, and any video footage that may help identify the driver. Seeking medical attention is also critical, even if you don’t feel seriously injured at the moment.

Can I Still Recover Damages If The Hit-And-Run Driver Isn’t Found?

Yes, you may still be able to recover damages through your own insurance policy, particularly if you have uninsured motorist (U.M.) coverage. U.M. coverage can compensate you for injuries and damages caused by an unidentified or uninsured driver. It’s important to review your policy and understand the coverage you have in place. We can assist in filing the appropriate claims to maximize your compensation.

What Legal Penalties Does A Hit-And-Run Driver Face In Georgia?

In Georgia, hit-and-run drivers face serious criminal penalties, including fines, jail time, and the suspension or revocation of their driver’s license under O.C.G.A. § 40-6-270. If the accident resulted in severe injury or death, the hit-and-run may be classified as a felony, leading to even more severe consequences. In addition to criminal charges, the driver can be held financially responsible in a civil lawsuit for the damages they caused.

Contact Our Hit-And-Run Accident Lawyer In Georgia Lawyer For Your Free Consultation 

If you’ve been the victim of a hit-and-run accident in Georgia, we’re here to help you through the legal process and fight for the financial compensation your case deserves. At Shani O. Brooks P.C., we have experience representing clients in complex car accident cases, including hit-and-runs, and are committed to achieving the best outcomes for our clients. Contact our office today to learn more about how we can assist you.

Contact our hit-and-run accident lawyer in Georgia at Shani O. Brooks P.C. by calling 404-920-4736 to receive your free consultation. Our car accident law firm represents injured clients in Atlanta and throughout all of the state of Georgia. We’re ready to stand by your side during this challenging time.