Super Lawyers
Justia 10 Lawyer rating
Million Dollar Advocates Forum
Avvo Rating 10 Kenneth L. Shigley
The National Top 100 Trial Lawyers
National Board of Trial Advocacy
Martindale-Hubbell Preeminent For Ethical Standars and Legal Ability
Bar Register Preemient Lawyers
GeorgiaTrend Legal elite
Georgia Trial Lawyer Association Champion 2018
America's Top 100 Personal Injury Attorneys

Atlanta Personal Injury Lawyers Since 1949 | Johnson & Ward

Our Atlanta personal injury lawyers focus on serious cases involving car and truck collisions, brain injury, spinal cord injury, burn injury, unsafe premises, and defective products. We prepare every case for trial. Most resolve through disciplined negotiation, but only after careful investigation and full preparation.


What Is the Background of Johnson & Ward?

Johnson & Ward is the oldest personal injury law firm in Atlanta. Founded by two World War II veterans in 1949, the firm grew as Georgia highways expanded and serious motor vehicle litigation became more complex. For more than seven decades, our work has centered on representing injured people, not insurance companies, though several of our lawyers have prior experience on the defense side. Our trial lawyers built our reputation through courtroom work and referrals from former clients, lawyers, and judges.

Our lawyers have served as leaders of the State Bar of Georgia and the Atlanta Bar Association. Firm members have chaired sections of the American Association for Justice and the Georgia Trial Lawyers Association. One of our lawyers became the first in Georgia to earn three board certifications from the National Board of Trial Advocacy and served as lead author of multiple editions of Georgia Law of Torts: Trial Preparation & Practice, a reference used by trial lawyers and judges throughout the state.

Although established in 1949, our Georgia personal injury law firm has remained forward-looking. Members of the firm helped pioneer electronic court filing in Georgia and were early adopters of law firm web publishing. Today, we use modern litigation technology, digital evidence preservation, and data analysis tools to prepare cases thoroughly and efficiently. A senior member of the firm recently completed an MIT course on business uses of artificial intelligence.

If you are evaluating a serious personal injury or wrongful death case in Georgia, an early review can preserve evidence and clarify your options. We are available to discuss the facts and determine the appropriate next steps.


Why Do Track Record and Credibility Matter in a Personal Injury Case?

Short answer:
Credibility affects settlement value. Insurance companies evaluate risk. A law firm known for trial readiness and legal scholarship carries weight. Judges and opposing counsel know which lawyers prepare thoroughly and try cases when necessary.

In serious cases, insurance carriers analyze past verdict history, demonstrated willingness to try cases, ability to present expert testimony clearly, and knowledge of Georgia evidence, procedure, and court system.

Our trial lawyers prepare cases under Georgia negligence law and evidentiary standards. For governing law, see the Georgia Code on tort liability.

In catastrophic injury and wrongful death cases, we often work with accident reconstruction engineers, life care planners, economists, and treating physicians.

Frequently Asked Questions About Georgia Personal Injury Law


What Is a Personal Injury Claim in Georgia?

Short answer:
A personal injury claim arises when someone suffers harm because another person or company failed to use reasonable care. The injured person may seek financial compensation for medical costs, lost income, and other damages allowed by Georgia law.

Georgia follows negligence principles. A plaintiff must prove:

  1. Duty of care
  2. Breach of that duty
  3. Causation
  4. Damages

These elements are defined under Georgia tort law, O.C.G.A. § 51-1-1 and related sections.

Example: A driver who runs a red light and causes a collision may be legally responsible for resulting injuries. See information on car accidents and truck accidents.


How Does Georgia’s Modified Comparative Fault Rule Work?

Short answer:
If you are 50 percent or less at fault, you may recover damages reduced by your percentage of fault. If you are 51 percent or more at fault, you recover nothing.

Georgia applies modified comparative negligence under O.C.G.A. § 51-12-33. Fault allocation often determines case value. Both sides, insurance carriers, and ultimately judges and jurors, scrutinize a multitude of factors, including speed, distracted driving, lane position, and alcohol or drug involvement. In complex cases, we retain reconstruction experts and download vehicle event data recorders when available.


What Damages Can Be Recovered in a Georgia Personal Injury Case?

Short answer:
Georgia law allows recovery of economic damages, non-economic damages, and in rare cases, punitive damages.

Economic Damages

Documented financial losses:

  • Medical expenses
  • Future medical care
  • Lost wages
  • Reduced earning capacity
  • Property damage

Non-Economic Damages

Human losses that do not carry invoices:

  • Physical pain
  • Emotional distress
  • Loss of enjoyment of life
  • Loss of ability to labor and earn money

Punitive Damages

Allowed only in cases involving willful misconduct or conscious indifference to consequences under O.C.G.A. § 51-12-5.1. Drunk driving cases qualify but most acts of negligence do not.


What Types of Serious Injury Cases Does Johnson & Ward Handle?

Short answer:
Our firm focuses on catastrophic injury and wrongful death claims involving motor vehicle collisions, trucking crashes, unsafe premises, defective products, and professional negligence.

Major Injury Categories

Insurance issues often determine practical recovery limits. Serious cases require early identification of all available coverage. The work of our firm also involves complex insurance layering issues involving:

  • Primary liability policies
  • Excess and umbrella coverage
  • Commercial trucking coverage governed by federal FMCSA regulations


Should You Settle or Go to Trial in a Georgia Injury Case?

Short answer:
Most cases settle. Fair settlement usually occurs only when the defense knows the plaintiff is prepared to try the case.

Over 90 percent of civil cases resolve before a verdict. Still, as experienced trial lawyers, we prepare every case for trial. Most of that work is unseen but essential. That preparation includes:

  • Investigation to find witnesses, third-party photos and video, useful information about the defendants, and guard against surprises.
  • Depositions of parties and witnesses under oath, mostly on video.
  • Expert witness identification, recruitment, preparation, disclosures, and depositions
  • Motions practice which requires a lot of research and writing.
  • Necessary travel and management of logistics.
  • Mock jury focus groups
  • Full trial preparation

Trial carries risk. Settlement provides certainty. The right decision depends on liability strength, insurance limits, client goals, and venue history. Sometimes the wisest choice is to roll the dice at trial.

Jurors take their work seriously. They expect preparation and honesty. So do we.


How Much Is My Georgia Personal Injury Case Worth?

The value of a Georgia personal injury case depends on liability, insurance coverage, the severity of injury, long-term medical needs and impairment, lost earning capacity, venue history, and factors that may anger jurors. There is no fixed formula.

How Do Personal Injury Lawyers Get Paid?

Short answer:
Virtually all personal injury lawyers in the United States work on a contingency fee. The lawyer receives an agreed percentage of the recovery after expenses and liens. This encourages efficiency and discourages frivolous claims.

You pay no upfront legal fee.
If there is no recovery, there is no attorney fee.
All fee terms must be in writing.


Are Georgia Personal Injury Settlements Taxed?

Short answer:
No. Compensation for physical injury is not taxable.

Payment of personal injury compensation over time through structured settlement annuities and some other financial products is also not taxable. Our works closely with clients’ financial advisors on structuring settlements.

Punitive damages, compensation for things other than personal injury, and investment income outside structured settlements are taxable. See current IRS guidance.

Tax consequences vary by circumstance. We are not tax lawyers, so we encourage clients to consult qualified tax professionals.


What Are the Time Limits for Filing a Personal Injury Case in Georgia?

Short answer:
Most personal injury claims must be filed within two years of the injury date. Your Atlanta personal injury lawyer can evaluate the narrow exceptions for extending deadlines, but delay is seldom prudent. Claims against government entities have shorter notice deadlines.

Key deadlines:

Failure to meet deadlines can result in loss of a claim.

Early legal evaluation by a experienced Georgia trial lawyers protects your rights.


Where in Georgia Does Johnson & Ward Practice?

We are located in Atlanta, and regularly handle cases primarily in Atlanta, Fulton County, Cobb County, DeKalb County, Gwinnett County, Clayton County, Cherokee County, Forsyth County, Douglas County, Rockdale County, and state and federal courts throughout North and Middle Georgia. However, we have tried cases in courtrooms all across Georgia for decades, including cases in 127 of Georgia’s 159 counties and in all three federal court districts in Georgia.

Venue selection can influence case dynamics. When more than one venue is available, we evaluate each option carefully, considering jury history, court scheduling, judicial approach, and local practice norms.


Why Clients and Lawyers Refer Serious Cases to Johnson & Ward

Complex catastrophic injury cases require trial experience, insurance coverage analysis, and disciplined case development.

  • Catastrophic injury litigation
  • High-exposure trucking cases
  • Multi-policy insurance recovery
  • Trial-ready case development

A Measured Approach to Serious Injury Cases

Serious injury litigation is not advertising theater. It is disciplined legal work. It requires evidence, credible experts, and respect for juries. A thoughtful early evaluation can clarify options and preserve critical evidence.

You may contact us for a confidential consultation.

Why Do People Choose Us?

We’ve been protecting the financial future of personal injury victims throughout Georgia for decades by fighting for optimal compensation in every case.

Client Reviews

Attorney Ken Shigley - did his lawyer thing - and increased my "take home amount" of settlement - the amount after paying core medical & legal fees - by over 3000% (three thousand percent) more than what some other law firms could do. He and courtney (his assistant) were like family! True blessings.

Louise W., Client

My mother was a passenger in a horrible car crash in Georgia when the car in which she was passenger was hit by an ex-convict who had no insurance, and who later died from a cocaine overdose. When I learned of mom's injury, I immediately flew in from California. As I work in Silicon Valley, I...

John P., Client

After my parents were killed in a tractor truck accident on December 2013, he fought hard against the insurance companies to help my brother, sister, and I. He was honest and always available to answer any questions I had. Ken went out of his way to meet with my brother and I while on vacation in...

Joan M., Client
Georgia Law of Torts

Our Books

Georgia Law of Torts
Trial Preparation and Practice, 2013 ed. by Kenneth L. Shigley, John D. Hadden

Handling Motor Vehicle Accident Cases, 2d

Our Books

Handling Motor Vehicle Accident Cases, 2d
2015-2016 Update by Karen Koehler & John W. Chandler

Contact Us · 404-253-7862

  1. 1 Free Consultation*
  2. 2 No Fee Unless You Win
  3. 3 Will Travel to You
Fill out the contact form or call us at 404-253-7862 to schedule your free consultation*.

Leave Us a Message

I have read and agree to the ethical disclaimer