A loved one has suffered a catastrophic personal injury in Georgia. How can you help?

Since 1949, the attorneys at Johnson & Ward have worked in personal injury claims and litigation in metro Atlanta and throughout Georgia. Some of us started working on the defense side for insurance companies and later on the plaintiffs’ side for injured individuals and families.

What Is a Personal Injury Claim?

A personal injury claim happens when someone gets hurt because another person did something careless or wrong. If you’re injured and it’s not your fault, you might be able to get money from the person or company that caused it.

For example, if you’re in a car accident and the other driver ran a red light, you can file a personal injury claim against them.

Who Is “Liable” or At Fault in a Georgia personal injury case?

“Liability” means who is responsible for the injury. In Georgia, the law looks at fault. If someone didn’t act carefully (like texting while driving or leaving a wet floor with no sign), they can be held liable.

Georgia follows the “modified comparative fault” rule. That means:
– If you’re 50% or less at fault, you can still get money—but it gets reduced by your percent of fault.
– If you’re 51% or more at fault, you get nothing.

Example:
You slip at a grocery store. A jury says the store is 80% at fault but you’re 20% at fault because you weren’t watching where you walked. If your total damages are $100,000, you get $80,000.

What Are “Damages”?

“Damages” means the money you can get in a personal injury case. In Georgia, there are three main kinds:

1. Economic Damages – Things with a price tag:
   – Medical bills
   – Lost wages
   – Property damage (like your car)

2. Non-Economic Damages – Pain and emotional harm:
   – Pain and suffering
   – Anxiety or depression from the injury
   – Loss of enjoyment in life

3. Punitive Damages – To punish really bad behavior. These are rare. You only get these if the person did something very reckless, like drunk driving or road rage.

Common Types of Injuries in Georgia Injury Cases

Some examples of types of serious injury cases include:

• Wrongful death
• Spinal cord injury, C1-C2 injury, paralysis and treatment
• Brain injury, post-concussion syndrome
• Neck and back injury, low back fractures
• Nose injuries
• Eye injuries
• Ear injuries
• Facial scar injuries
• Scalp avulsion injuries
• Hand fracture injuries
• Myofascial Pain Injury
• Femur (thigh bone) fracture
• Ankle fracture injuries
• Foot drop
• Temporomandibular Joint (TMJ) Injuries
• Burn injury
• Amputation, leg amputation
• Asbestos & silica lung damage
• Syringomyelia and Chiari Malformation Injuries

What kinds of incidents produce personal injury claims in Georgia?
 

Many personal injury cases in Georgia arise from:

• Automobile accidents
• Truck crashes
• Dangerous premises liability
• Dangerously defective manufactured products
• Professional negligence

Effectiveness in all these cases requires an in-depth knowledge of insurance law.

Lawsuits vs. Settlements in Georgia

You don’t always have to go to court. In fact, most personal injury cases in Georgia settle out of court. The best settlements usually result from thorough preparation for trial. That establishes credibility and forces the insurance company to take the case seriously. On the other hand, we have found that an attorney with a strong reputation who lays out a strong claim may induce the insurance company to go ahead and settle before extensive litigation.

Why Settle?
– It’s faster
– Costs less money
– Less stress for you
– You control the outcome

Why Go to Trial?
– If the other side won’t offer enough
– If fault is in dispute
– If you have a strong case and want more

But trial is risky. You might win big or get nothing. A good lawyer will help you decide if settling or going to court is smarter.

How Do Lawyers Get Paid? (Contingency Fees)

Almost always, personal injury lawyers in the United States work on a contingency fee. That means:
– You don’t pay anything up front
– The lawyer only gets paid if you win
– If you lose, you pay nothing

The lawyer gets a percentage you agree to in advance of whatever you win, after deduction of expenses and liens. The lawyer gets paid only when you get paid, after you agree to a settlement or win in court.

Are Personal Injury Settlements Taxed?

In most cases, no, your injury money is not taxed.

What’s not taxed:
– Money for physical injuries
– Pain and suffering
– Medical costs

What is taxed:
– Punitive damages
– Interest earned on the money
– Lost wages (in some situations)

Real-World Tips About Injury Claims

These Cases Take Time – Even if you settle, it might take months. If you go to court, it can take a year or more.

Always See a Doctor – Some injuries show up later. Medical records help prove your case.

Take Pictures and Notes – Photos and notes are strong evidence.

Don’t Talk to Insurance Adjusters Alone – Always talk to a lawyer first.

How to Prove Your Personal Injury Case

To win a case in Georgia, you need to prove:
1. The other person was careless (negligence)
2. That carelessness caused your injury
3. Your injury caused losses (money, pain, missed work)

Your lawyer may use:
– Police reports
– Medical records
– Witness statements
– Expert testimony
– Photos or video

Georgia’s Statute of Limitations

You usually have 2 years from the date of the injury to file a lawsuit. Miss that deadline, and you lose your right to recover—even if it’s a strong case.

Some exceptions:
– Claims against government: you may need to give notice in as little as 6 months.
– Minors or mentally incapacitated people may get more time.

There are exceptions, tricks and trapdoors in the calculation of time limits. An experienced personal injury lawyer can guide you through that.

Examples of Common Personal Injury Claims in Georgia

Car Accidents – Most common. Georgia is an at-fault state.
Slip and Fall – Store or property owner may be liable.
Dog Bites – If the owner knew the dog was dangerous.
Pedestrian and Bike Accidents – Drivers must watch for people.
Medical Malpractice – Doctor or nurse makes a serious mistake.

What Happens If You Settle?

If you reach a settlement:
1. You sign a release—promising not to sue.
2. The insurance company sends a check.
3. Your lawyer takes their fee and pays any liens.
4. You get the rest.

Once you settle, it’s over. You can’t go back and ask for more later.

Watch Out for These Mistakes

– Waiting too long to get medical help
– Talking to the other side without a lawyer
– Posting about your accident on social media
– Not following your doctor’s advice
– Missing deadlines

Final Thoughts: What You Should Know

– If you’re hurt and it’s not your fault, you may have a claim.
– Georgia law looks at fault, so evidence matters.
– Most cases settle, but sometimes trial is needed.
– You pay your lawyer only if you win.
– Most of the money you get is not taxed.
– Don’t wait—2 years is the usual deadline to file.

When to Call a Lawyer

You should speak to a lawyer if:
– You have serious injuries
– You’re out of work
– The insurance company won’t pay
– You’re getting blamed for something you didn’t do

Most lawyers give free consultations. It costs nothing to ask if you have a case.

Call us at 404-253-7862 (Atlanta) or submit your inquiry online to see if we can help.