Georgia Personal Injury FAQ

Nothing upfront. We work on a contingency fee — you pay no attorney fees unless we recover compensation for you. The consultation is free, and there's no obligation.

Almost never. First offers are designed to settle your claim before you understand its full value, especially before all your medical treatment is complete. Let us review it before you sign anything.

Under Georgia's modified comparative fault rule (O.C.G.A. § 51-12-33), you can still recover if you're less than 50% at fault — though your award is reduced by your share. Don't assume you have no case; let us evaluate.

Not to the at-fault driver's insurer. They use those statements to reduce or deny your claim. Talk to us first — we handle insurer communication for you.

Generally 2 years from the date of the accident for personal injury, and 4 years for property damage (O.C.G.A. § 9-3-33). Evidence disappears much faster, so call as soon as possible.

Georgia requires uninsured/underinsured motorist coverage unless you rejected it in writing. Your own UM/UIM policy may cover the gap. We verify every available source of recovery. Free Car Accident Case Evaluation The insurance company has lawyers. Now it's your turn.

Trucking cases are governed by federal FMCSA regulations on top of Georgia law, often involve multiple defendants (driver, motor carrier, broker, maintenance vendor, cargo loader), and have far higher commercial insurance limits — but also far more sophisticated defense teams that move within hours...

Electronic logging device (ELD) data can be overwritten in as little as 7 days. Black box / event data recorder logs, dispatch and GPS records, and surveillance footage from nearby businesses are similarly time-sensitive. A Day-1 spoliation letter is critical.

The motor carrier (often vicariously liable under O.C.G.A. § 51-2-2), the broker that hired an unqualified carrier, the maintenance provider that signed off on a dangerous truck, and the cargo company that overloaded or improperly secured the trailer.

FMCSA limits how long a commercial driver can drive without rest (generally an 11-hour driving limit within a 14-hour window). When ELD records show a driver exceeded those limits, it's strong evidence the carrier knowingly put a fatigued driver on the road — which can support punitive damages.

Generally 2 years from the crash date under O.C.G.A. § 9-3-33. Wrongful death and certain government-vehicle claims have different rules. Regardless, evidence preservation can't wait — call us immediately.

It's almost always a lowball designed to close the file before you understand the full extent of your injuries or your right to pursue multiple defendants. Don't sign anything without a truck accident attorney reviewing it.

Yes, but MARTA is a state authority with specific notice and procedural rules. You must comply with ante-litem notice requirements within strict deadlines or your claim is barred. Call us immediately so we can file the notice on time.

Under O.C.G.A. § 36-33-5, claims against Georgia government entities require written notice within 12 months of the incident. Some entities have even shorter deadlines. Miss it, and your claim disappears — regardless of how strong it would have been.

Often all of them. The driver may be an employee of MARTA, a county school district, or a private contractor. Each potentially responsible party — and their insurance policy — is a separate source of recovery. We identify them all.

You have the same right to pursue compensation. If a government bus was involved, the ante-litem notice requirement still applies. Don't assume normal accident rules apply — they often don't when a government vehicle is involved.

School bus claims involve county school districts, which are government entities subject to ante-litem rules. Call immediately. Evidence — including driver logs, route data, and any onboard video — needs to be preserved before it's overwritten.

Georgia's general personal injury statute of limitations is two years, but ante-litem notice for government claims can be required within 12 months — and sometimes sooner. Don't wait. The first deadline that applies is the one that controls.

No. Under O.C.G.A. § 40-6-315 it may reduce your recovery, but it does not eliminate the at-fault driver's liability — especially when the helmet has nothing to do with the injuries you suffered.

Lane splitting is illegal in Georgia, so insurers love to allege it. We investigate scene evidence, camera footage, and witness statements to disprove the claim and protect your recovery.

Georgia's statute of limitations for personal injury is two years (O.C.G.A. § 9-3-33). Evidence deteriorates much faster — call immediately so we can preserve it.

Nothing upfront. We work on a contingency fee — you pay no attorney fees unless we recover compensation for you. Consultations are always free. Hurt on your motorcycle in Atlanta? Don't let bias become the defense. Free consultation. No fee unless we recover for you. Talk to an attorney today.

Yes — possibly. Under Georgia's modified comparative fault rule (O.C.G.A. § 51-12-33), you can recover as long as you were less than 50% at fault. And drivers always have a duty of due care under O.C.G.A. § 40-6-93, regardless of where you were crossing.

Traffic camera footage can be overwritten in 24-72 hours. Driver cell phone records require legal preservation letters. The faster we get involved, the more evidence we can lock down.

That's the most common defense. We counter it with accident reconstruction experts, surveillance footage, witness statements, and driver phone records that often show distraction at the moment of impact.

Pedestrian injuries are typically catastrophic. We pursue emergency medical care, surgery, long-term rehabilitation, prosthetics, permanent disability accommodations, lost wages, diminished earning capacity, and pain and suffering.

Generally 2 years from the date of the accident under O.C.G.A. § 9-3-33. Waiting risks losing both evidence and the right to file at all.

Your own uninsured/underinsured motorist (UM/UIM) coverage may apply even though you weren't in a vehicle. We identify every available source of recovery. We represent clients across Georgia. Hurt in metro Atlanta? See our Atlanta pedestrian accident lawyer page.

Yes. Under O.C.G.A. § 40-6-290 et seq., bicyclists have the same rights and duties as motor vehicle operators. You are a legal road user, not a guest.

No — it hurts theirs. "I didn't see the cyclist" is an admission of negligence, not a defense. Drivers have a duty to look for all road users before turning, opening doors, or changing lanes.

O.C.G.A. § 40-6-56 requires drivers to give cyclists at least 3 feet of clearance when passing. A violation is negligence per se, which strengthens your liability case.

Georgia does not require adult cyclists to wear helmets, and not wearing one does not bar your recovery. An insurer may argue comparative fault on damages, but it does not excuse the driver who hit you.

Generally two years from the date of the crash under Georgia's personal injury statute of limitations. Evidence — especially surveillance footage from nearby businesses — disappears much faster, so call as soon as possible.

That's usually exactly where you're supposed to be. Many Georgia municipalities prohibit cycling on sidewalks in business districts, and Georgia law treats you as a vehicle on the roadway. We represent clients across Georgia. Hurt in metro Atlanta? See our Atlanta bicycle accident lawyer page.

Because the driver was on an active trip, Uber's $1 million liability policy applies. We pursue that policy, the at-fault driver's policy (if a third-party driver caused the crash), and your own UM/UIM coverage where applicable.

It depends on the driver's app status at the moment of impact. Tier 3 (en route or on trip) opens up the $1M rideshare policy. Tier 2 has limited coverage. Tier 1 forces us to chase the driver's personal policy. We subpoena the app data to prove which tier applied.

Yes — depending on your tier and who hit you. Uber/Lyft provide contingent coverage in some tiers, and you can pursue the at-fault driver's policy. We also evaluate your own UM/UIM coverage.

It's the standard deflection. Whether it's accurate depends on the tier and the facts. We don't take the rideshare company's word for it — we get the data and force the right policy to pay.

Generally 2 years from the accident date under O.C.G.A. § 9-3-33. Move quickly — app data and surveillance video disappear long before the statute runs.

That classification doesn't shield Uber or Lyft from the insurance they're required to maintain, and Georgia courts have held rideshare companies liable under several legal theories. We pursue every available avenue.

Yes. The criminal case punishes the driver; it does not pay your medical bills, lost wages, or pain and suffering. A separate civil claim is the only way to recover compensation for your injuries.

Punitive damages punish especially egregious conduct beyond ordinary negligence. Under O.C.G.A. § 51-12-5.1, drunk driving typically qualifies — and Georgia's standard $250,000 cap may not apply when the defendant was under the influence.

Possibly. Georgia's dram shop law (O.C.G.A. § 51-1-40) allows liability against an establishment that served a visibly intoxicated person knowing they would soon drive. Fast investigation matters because surveillance video is overwritten quickly.

Your own uninsured/underinsured motorist (UM/UIM) coverage may be the primary source of recovery. We also pursue dram shop defendants and any other applicable policy.

No. Civil and criminal cases run on separate tracks, and Georgia's 2-year statute of limitations doesn't pause for the criminal case. Waiting can lose evidence — and potentially your claim.

A DUI conviction can be powerful evidence of negligence. Because the civil standard of proof is lower than the criminal standard, the conviction often makes liability easier to establish in your case. Free DUI Accident Case Evaluation Drunk driving has consequences beyond a night in jail.

No. Under O.C.G.A. § 33-7-11, every Georgia auto policy includes UM/UIM coverage equal to your bodily injury limits unless you signed a valid written rejection meeting strict requirements. Many 'rejections' are defective — which means you may have full UM/UIM coverage you don't know about.

Often, yes. Georgia defaults to add-on UIM, meaning your underinsured motorist coverage sits on top of the at-fault driver's policy. If your damages exceed their limits, your UIM picks up the difference up to your own coverage amount.

Georgia law prohibits insurers from raising your rates or canceling your policy solely because you made a UM/UIM claim for a not-at-fault accident. If your insurer punishes you for using coverage you paid for, that itself is grounds for a complaint.

Stacking lets you combine UM/UIM limits across multiple vehicles or policies. For example, two vehicles on the same policy may stack to double your limits. The rules depend on your specific policy language and Georgia case law — we review every policy for stacking opportunities.

Generally 2 years from the date of the accident under O.C.G.A. § 9-3-33, but you must also comply with the notice requirements in your policy — which can be much shorter. Don't wait to put your insurer on notice.

We pursue a bad faith claim under O.C.G.A. § 33-4-6, which can add penalties of up to 50% of the claim amount plus attorney fees — on top of the original benefits owed. Insurers calculate that risk when we get involved. Free UM/UIM Case Evaluation You paid for this coverage.

Through prior incident reports, maintenance logs, employee statements, and surveillance footage. Even without actual knowledge, we can prove constructive knowledge — the owner should have discovered the hazard through reasonable inspection.

It's the standard defense, but Georgia's modified comparative fault rule (O.C.G.A. § 51-12-33) lets you recover as long as you're less than 50% at fault. We push back on the 'open and obvious' argument with surveillance, lighting analysis, and the owner's own maintenance failures.

Get medical attention, report the fall to the property owner in writing, photograph the hazard and your injuries, get witness contact information, and keep the shoes and clothing you were wearing. Then call us — surveillance footage may be overwritten within two weeks.

Generally 2 years from the date of the fall under O.C.G.A. § 9-3-33. But evidence — especially surveillance video and the actual hazardous condition — disappears in days. The legal deadline is not the practical deadline.

Apartment complexes owe tenants and their guests the same duty of ordinary care. If management knew about the broken stairs, dim lighting, or damaged walkway and didn't fix it, they're liable. We pull the maintenance work orders and tenant complaints to prove it.

Insurers love to call them minor. We've seen so-called minor falls result in hip replacements, traumatic brain injuries, months of rehab, and permanent disability. If you needed medical care, the case is worth evaluating — for free. We represent clients across Georgia.

Slip and fall is one type of premises liability claim. Premises liability covers any injury caused by an unsafe condition on someone's property — negligent security, pool accidents, elevator malfunctions, structural failures, fires, toxic exposure, and more.

Possibly. Under negligent security law, landlords can be liable when foreseeable criminal activity occurs because they failed to provide adequate security — working gates, lighting, cameras, or on-site security — especially when prior incidents put them on notice.

Yes. Georgia law (O.C.G.A. §§ 51-3-1 through 51-3-3) gives invitees the highest protection, licensees less, and trespassers the least — though special rules apply to children under the attractive nuisance doctrine.

Generally 2 years from the date of injury under O.C.G.A. § 9-3-33. Waiting risks losing surveillance footage, witness memory, and the right to file at all.

That's powerful evidence. Prior complaints — emails, maintenance requests, calls — show the owner knew about the danger and ignored it. We move quickly to preserve those records before they disappear.

Often more than one. We identify every responsible party and pursue each one, which can dramatically increase the compensation available to you. Free Premises Liability Case Evaluation When property owners cut corners and people get hurt, we make sure they pay.

Yes. Under Georgia's Responsible Dog Ownership Act, an owner can be liable for a first-time attack — particularly if a leash law or containment ordinance was violated, which is negligence per se.

Usually the dog owner's homeowner's or renter's insurance policy. If the attack happened at an apartment complex where the landlord knew about a dangerous dog, the landlord may also be liable.

Claims are paid by their insurance, not out of their personal funds in most cases. You can pursue rightful compensation without putting a financial burden on someone you know.

Children's injuries — physical and psychological — are often more severe and longer lasting. Scarring on a child's face or body, and PTSD around dogs, must be documented and valued carefully. Children also have additional protections under Georgia law.

Breed exclusions are common but not always enforceable, and other policies (umbrella, landlord, separate riders) may still apply. Don't take a denial at face value — let us review the coverage.

Generally two years from the date of the attack under O.C.G.A. § 9-3-33. Evidence — vet records, animal control reports, witness memory — fades much faster. Call as soon as possible. We represent clients across Georgia. Hurt in metro Atlanta? See our Atlanta dog bite lawyer page.

Georgia requires a qualified expert’s affidavit with the lawsuit, the deadlines are strict and hospitals defend these claims hard. A lawyer gets the complete records, finds the right expert and files on time. The consultation is free.

Not every bad outcome is malpractice. We review your records with medical experts to determine whether the care fell below the accepted standard and caused your injury.

Nothing up front. We work on a contingency fee and advance the cost of experts and records.

Be careful. Risk managers work for the hospital. Talk to a lawyer before you give a statement or sign anything.

Generally two years from the injury, with a five-year outside limit in most cases (O.C.G.A. § 9-3-71).

Yes. Georgia's Wrongful Death Act lets a spouse, children or parents recover the full value of the life of the person who died, and the estate can recover medical and funeral costs. Free Medical Malpractice Case Review The hospital has lawyers. Now it's your turn.

There is no set amount. Value depends on the severity of the injury, your medical care now and in the future, lost income and earning ability, pain and loss of independence, fault, and the insurance available. A life care plan and economic analysis are often used to put numbers on future needs.

Most Georgia personal injury lawsuits must be filed within two years of the injury under O.C.G.A. § 9-3-33. Claims against a city, county or the State require written notice much sooner. Talk to a lawyer early so evidence and deadlines are protected.

You may still recover. Under Georgia’s comparative fault rule, O.C.G.A. § 51-12-33, your damages are reduced by your share of fault, and you can recover as long as you are less than 50 percent responsible.

Health insurance, MedPay on your own auto policy, and sometimes a letter of protection can cover treatment while the claim moves forward. Health plans and hospitals may seek repayment from the recovery, so it is important to track every bill and lien.

Spinal cord injury claims usually involve large future costs, expert testimony and several insurance policies. Insurers often push for an early settlement before the full cost of care is known. A lawyer can make sure the claim reflects your lifetime needs before anything is signed.

Under O.C.G.A. § 51-4-2, the surviving spouse has the first right. If there is no surviving spouse, the children may file. If neither, the parents. If none of those, the personal representative of the estate. The hierarchy is strict — we make sure the right person files so the claim isn't dismissed.

Georgia recognizes the 'full value of the life' from the deceased's perspective — both economic (lost income, benefits, household services) and intangible (companionship, guidance, care).

Generally 2 years from the date of death under O.C.G.A. § 9-3-33. There are narrow exceptions (criminal investigations, certain estate timing issues) but you should never assume more time is available. Evidence also disappears in days or weeks, long before the statute runs.

Yes, when the at-fault party's conduct was willful, fraudulent, or showed conscious indifference — drunk drivers, trucking companies that knowingly put fatigued drivers on the road, businesses that ignored repeated safety warnings. Punitive damages under O.C.G.A.

Almost never without legal review. Early offers in wrongful death cases are designed to close the file before the family understands the full economic and non-economic loss. Once you sign, the claim is over — even if the offer was a fraction of the case's true value.

Georgia's modified comparative fault rule (O.C.G.A. § 51-12-33) allows recovery as long as the deceased was less than 50% at fault, reduced by their share. Insurers aggressively push blame onto the deceased — we push back with evidence and reconstruction. We represent clients across Georgia.

Nothing upfront. We work on a contingency fee, so you pay no attorney fee unless we recover money for you. We explain how case costs are handled in writing before you sign anything.

Under Georgia law, you can still recover as long as you are less than 50% at fault, but your recovery is reduced by your share of the fault. Learn more about Georgia’s 50% rule.

In most Georgia injury cases, the deadline to file a lawsuit is 2 years from the date of the injury. Claims against a city, county or the state can require written notice much sooner, sometimes within 6 months.

Depending on the facts, the truck driver, the trucking company, the owner of the trailer, the company that loaded the cargo, a maintenance shop or a parts maker may share responsibility. We investigate each one.

Electronic driving logs, black box data, dashcam video, driver qualification files, drug and alcohol test results, inspection and maintenance records and the police report. Some of it may not be kept for long, which is why we act quickly.

Usually, yes. Many commercial carriers must carry much higher liability coverage than a personal auto policy, and their insurers often have lawyers involved from the start.

Be careful. You do not have to give a recorded statement to the trucking company’s insurer, and early statements can be used to reduce your claim. Let your attorney handle those calls.

That does not always end the case against the company. Who controlled the driver and the truck, and whose operating authority the truck ran under, can matter. We review the contracts and records. Ready to talk? We’re listening. Free, confidential case review. No fee unless we recover for you.

Car, truck, motorcycle and rideshare accidents, pedestrian and bicycle crashes, slip and falls, dog bites, wrongful death and other serious injury cases across Georgia.

No. You can start your free review by phone or with the form on this page. When you want to meet in person, our Buckhead office is at 950 E. Paces Ferry Rd NE, Suite 1550.

Every case is different. Some settle in months, and others take longer, especially if a lawsuit is needed. We explain the likely timeline once we understand your case. See how long a Georgia injury case takes.

Sí. Hablamos español. Llámenos al 888-BIG-GUNN para una revisión gratuita de su caso. Ready to talk? We’re listening. Free, confidential case review. No fee unless we recover for you. Start My Free Review Call 888-BIG-GUNN Visit or call Two Georgia offices. One phone number.

You can report the claim, but you do not have to give the other driver’s insurer a recorded statement, and anything you say can be used to reduce your claim. Talk to an attorney first.

Health insurance, Medical Payments (MedPay) coverage on your auto policy, or in some cases a letter of protection with your doctor can cover care while your claim moves forward. We help you sort out the options. See how MedPay works.

Your own uninsured/underinsured motorist (UM) coverage may pay. Georgia offers add-on and reduced-by UM coverage, and the difference matters. Learn about add-on vs. reduced-by UM.

It depends on your medical bills, lost income, the effect on your daily life and the insurance available. No one can promise a number, but we can explain what drives value in your case. See car accident case value.

Many injuries get worse in the days after a crash, and early statements to an insurer can hurt your claim later. A free review lets you understand your options before you decide anything. Ready to talk? We’re listening. Free, confidential case review. No fee unless we recover for you.

Injury code 2 means “Suspected Serious Injury,” which matches the letter A on the national KABCO scale. Code 1 is a fatal injury, 3 is a suspected minor or visible injury, 4 is a possible injury or complaint of pain, and 0 means no apparent injury.

No. On the current Georgia form, contributing factors are labeled “suspected,” meaning they reflect the officer’s opinion at the scene. Fault in an injury claim is decided using all of the evidence under Georgia’s comparative fault law, not by the crash report alone.

Agencies are directed to send crash reports to GDOT within three business days, and mail requests to GDOT can take at least two weeks. Timing varies by agency, so check BuyCrash or call the agency that responded to your crash.

Georgia updated its crash report code sheet effective July 1, 2023. Some codes were added, removed or renumbered. For example, the old “Driver Lost Control” code was replaced with three codes for speed, impairment and distraction related loss of control.

You can ask the investigating agency to file a corrected or supplemental report. Factual errors like names, vehicles or insurance information are the most likely to be fixed. An officer is less likely to change an opinion, but other evidence can still show what really happened.

Many injuries, including concussions and back and neck injuries, are not visible at the scene. The injury code reflects what the officer observed or was told at the time. Get medical care, follow your doctor’s advice and keep your records; they are the best proof of your injuries.

No. The plaintiff can refuse the reduced amount, and the result is a new trial on damages. Either choice carries risk, so make it with your lawyer.

No. Under the U.S. Supreme Court's decision in Dimick v. Schiedt (1935), federal courts may use remittitur but not additur. Georgia state courts can use both under O.C.G.A. § 51-12-12.

The court can hold the person in contempt, which can mean a fine, jail time or both. If you believe a subpoena you received is improper, have a lawyer promptly ask the court to quash or modify it instead of ignoring it.

Generally no, because a subpoena is issued in a pending case. Before suit, your lawyer typically sends preservation letters asking people and businesses to keep evidence such as video.

If a court orders it, yes, unless your lawyer successfully challenges the order or its terms. Before any lawsuit, many auto policies also require an exam by the insurer's doctor for a med pay or UM claim with your own insurer, and refusing can put that claim at risk.

The side that asks for the exam normally pays the doctor. You should not receive a bill for it.

No. An arbitrator hears evidence and makes a decision, which is often binding. A mediator only helps the two sides negotiate, and there is no outcome unless you agree to settle.

The mediator's fee is usually split between the parties unless they agree otherwise. Ask your lawyer how your share is handled under your fee agreement.

The case continues toward trial. Talks often go on afterward, and many cases settle later using progress made at mediation.

Many injury depositions take two to four hours. Georgia's statute does not set a fixed limit like the federal seven-hour rule, but a judge can limit the length.

Yes. Your lawyer prepares you beforehand, sits with you and can object to improper questions. In most cases you still answer after the objection is noted.

If review is requested before the deposition ends, you have 30 days after the transcript is ready to read it and list any changes with your reasons (O.C.G.A. § 9-11-30(e)).

Often, yes. Lawyers commonly agree to short extensions, and the court can shorten or lengthen the deadline.

Common questions cover how the crash happened, your injuries and treatment, doctors you saw before the crash, earlier claims, lost wages and witnesses.

Your lawyer can object to improper questions, such as ones that seek privileged communications or go past the 50-question limit. Otherwise, you must answer, and ignoring interrogatories can lead to sanctions that damage or end your case.

Yes, but for claims arising on or after April 21, 2025, evidence of what your health insurance pays for medical care can come in on the question of reasonable value.

Yes. For newer claims, the jury decides their reasonable value and may consider both the billed charges and the insurance amounts.

No. The collateral source rule limits what the at-fault party can use to lower your damages. Subrogation is your insurer's right to be repaid from your recovery.

Usually yes, but it depends on the wording of the letter, so read it carefully before you sign.

For claims arising on or after April 21, 2025, it is relevant and discoverable. Whether it is shown at trial is up to the judge.

No. A hospital lien is a claim a provider files under O.C.G.A. § 44-14-470. A letter of protection is a private agreement.

Ask HR or the plan administrator for the plan document and summary plan description. An insurer's name on your card does not settle it, because many self-funded plans hire insurers only to process claims.

Often, yes, though clear plan language gives the plan leverage. There is no guaranteed reduction.

No. Ignoring it can lead to a federal lawsuit, and disputed amounts are usually held in trust until the dispute is resolved.

Georgia does not cap full value of life damages in an ordinary wrongful death case. The jury decides the amount, and fault shared by the person who died can reduce or bar it.

Not directly. The measure is the value of the life to the person who died, though evidence of their relationships helps show that value.

No. A recovery under O.C.G.A. § 51-4-2 is not subject to the debts of the person who died or of the estate.

The lien attaches only to your injury claim. The underlying bill is a separate matter, so ask how the provider is handling your account.

Often it can be negotiated, especially when the available insurance is small or the lien has technical problems, but there is no guarantee.

A lien that was not timely perfected is generally invalid, unless the party paying the claim received actual notice of it before the settlement (O.C.G.A. § 44-14-471(b)).

Many use internal formulas or claims software. Those methods are not the law, and a jury is not bound by them.

Yes. It is not a fixed multiple of your bills. A jury looks at how the injury affected your life, though limited treatment can make the harm harder to prove.

Not simply because you own the car. You could face a family purpose or negligent entrustment claim, and your auto policy often covers drivers you allow to use the car.

Yes. You can bring a negligence claim against the driver and a vicarious liability claim against the employer in the same case.

Not in the claim for the full value of the life. They may be sought in the estate's separate claim for the person's pain, suffering and expenses before death.

Usually the injured person. In product liability cases, 75% of the award, less a share of litigation costs, goes to the state treasury.

Under the 2025 law, prior similar crimes within 500 yards of the property can help show foreseeability, but only if the owner actually knew about them.

In part. If the claim rests on a specific warning of an imminent crime, an owner who made a reasonable effort to alert law enforcement, including calling 911, is not liable on that basis (O.C.G.A. § 51-3-54(7)).

No. A ticket can be useful evidence, but the question in your civil case is whether the law was actually broken, which video, witnesses or phone records can show.

It can, when the two-part test is met.

No. Georgia's dram shop statute does not let the person who drank recover from the provider for their own injuries.

Usually with evidence of what the server could see: slurred speech, stumbling, aggressive behavior, and the number and timing of drinks shown on receipts and video.

No. You need to show the person failed to use reasonable care and that this failure caused your injuries.

Generally not. The Georgia Supreme Court has said that negligence, even gross negligence, does not support punitive damages. They require clear and convincing proof of conduct such as willful misconduct or conscious indifference to consequences (O.C.G.A. § 51-12-5.1(b)).

Not exactly. Comparative negligence is about your own share of fault. Apportionment is the full division of fault among everyone involved, including defendants and nonparties.

Yes, with proper notice or if you settled with that person. That lowers what the named defendants owe.

Not automatically. First check whether other insurance or other responsible parties exist, and make sure the release preserves your UM claim.

It usually will not do so voluntarily. But an insurer that unreasonably rejects a valid offer to settle within its limits can later be responsible for a verdict above them.

Your lawyer can send a written request under O.C.G.A. § 33-3-28. The insurer then has 60 days to respond.

No. Georgia requires liability coverage and requires UM coverage unless you reject it in writing, but med pay is optional.

Traditionally, Georgia's collateral source rule kept the at-fault driver from getting credit for benefits from your own insurance. For claims arising on or after April 21, 2025, SB 68 changed how medical expenses are proven, so ask how that applies to your case.

They can end up in a similar place. If the excluded driver has no insurance of their own, your UM coverage may apply. If the driver has their own policy, that policy may cover the crash.

No. It only limits what the policy pays. The driver can still be sued and held personally responsible, and an owner who lends the car may face claims such as negligent entrustment.

Check your declarations page and any UM selection form you signed. If no one chose reduced-by coverage in writing, a Georgia policy issued or renewed since 2009 generally carries add-on coverage.

Usually yes, through your agent or insurer. A change generally applies going forward, not to a crash that has already happened.

Not exactly. Stacking usually means combining more than one UM policy. Add-on describes how one UM policy relates to the at-fault driver's limits, though people often use the terms loosely.

No. An insurer can disagree about value in good faith. Bad faith generally requires a refusal or offer with no reasonable basis, and each statute sets its own test.

You bring a § 33-4-6 or UM bad faith claim against your own insurer. A failure-to-settle claim belongs to the insured driver, though injured people often pursue it through an assignment.

Check your declarations page. If no named insured rejected it in writing, the policy generally must include at least minimum UM coverage. A written rejection on an earlier policy with the same insurer can carry over to renewals.

Usually the lawsuit names the at-fault driver, and your UM carrier is served with it and can take part in the defense. Many UM claims settle without a trial.

They overlap. "Holt demand" is the Georgia name for a time-limited offer to settle within the policy limits, after Southern General Insurance Co. v. Holt (Ga. 1992). A time-limited demand can be for any amount.

No. It covers injury and death claims arising from a motor vehicle collision and excludes product liability claims. Other offers follow general contract and insurance law.

No. Claim numbers, negotiations and settlement offers do not pause the statute of limitations. Only a timely lawsuit protects your claim.

Generally two years from the date of death, although some exceptions can extend that time.

In most cases your UM claim depends on a timely lawsuit against the at-fault driver, and your insurer must be served with a copy of it (O.C.G.A. § 33-7-11(d)). Missing the deadline can cost you both claims.

No. At 50% or more you recover nothing. Below 50%, your award is reduced by your share of the fault.

A jury, if the case goes to trial. Before that, insurance adjusters and lawyers argue about them during negotiation.

No. Georgia uses modified comparative negligence with a 50% bar.

Generally not from the other driver. Whether your own policy pays depends on its wording.

It is the best evidence you can have. Insurer formulas usually undervalue the loss.

Generally four years for property damage in Georgia, but file promptly while the evidence is fresh.

Sometimes. It depends on the type of plan and whether you have been made whole. Georgia's made-whole rule protects you against many fully insured plans. Self-funded ERISA plans, Medicare and Medicaid follow different rules.

Often. These claims are routinely negotiated, and where Georgia's statute applies, the insurer's recovery must be reduced by its share of the attorney's fees and expenses.

Usually, when your collision coverage paid for repairs. Ask your adjuster whether your deductible is included in their subrogation claim.

Largely, yes. "Holt demand" is the common name in Georgia. O.C.G.A. § 9-11-67.1 uses the language of an offer to settle and sets the rules for pre-suit demands in motor vehicle cases.

For motor vehicle demands covered by § 9-11-67.1, the insurer generally must get at least 30 days from receipt to accept.

You can, but the requirements are technical, and a defective demand can cost you the chance to reach money beyond the policy limits.

In most cases the claim against that government body is barred, even though the two-year statute of limitations has not run. That is why claims against a city, county or the state need a lawyer early.

No. It is a notice sent before any lawsuit. The government gets time to investigate and respond before a suit can be filed.

You can, but the content and delivery rules are strict and differ for cities, counties and the state. Most people have a lawyer prepare and send it.

Adriauna Gunn is a personal injury attorney at The Gunn Law Group in Atlanta, Georgia. She earned her undergraduate degree in Political Science from Georgia State University and her Juris Doctor from Atlanta’s John Marshall Law School.

Adriauna handles personal injury cases at The Gunn Law Group, including car accidents, truck accidents, medical malpractice, wrongful death, premises liability, and catastrophic injury claims.

No. The Gunn Law Group offers free initial consultations. The firm works on a contingency fee basis, meaning you never pay out-of-pocket attorney fees or expenses unless the firm recovers compensation for you.

Adriauna earned her Juris Doctor from Atlanta’s John Marshall Law School. She was an active member of the Black Law Students Association and Phi Alpha Delta legal fraternity during her studies.

You can reach Adriauna and The Gunn Law Group by calling 888-BIG-GUNN (888-244-4866) Monday through Friday, 9:00 AM to 6:00 PM EST. You can also visit the firm’s contact page to submit a consultation request online.

The surviving spouse has the first right. If there is no spouse, the decedent’s children hold the claim, and if there are no spouse or children, the parents do. If none of them survive, the administrator or executor of the estate can bring the claim for the next of kin (O.C.G.A.

A wrongful death recovery by a spouse or children is not subject to the debts of the person who died or of their estate (O.C.G.A. § 51-4-2). The separate estate claim for medical expenses, funeral costs and pain and suffering belongs to the estate and is handled through it.

Yes. A civil wrongful death claim is separate from a criminal case, and it uses a different standard of proof. Do not wait for the criminal case to finish: Georgia’s crime-victim tolling statute (O.C.G.A.

A spouse, children or parents can bring the wrongful death claim in their own right. The estate claim for medical and funeral expenses, conscious pain and suffering and any punitive damages must be brought by a personal representative, which usually means opening an estate in probate court.

Georgia uses comparative fault. Any recovery is reduced by the percentage of fault assigned to the person who died, and there is no recovery if that share is 50 percent or more (O.C.G.A. § 51-12-33). Fault is often disputed, so it helps to preserve evidence early.

It depends on the facts, the number of parties and insurers, whether fault is disputed and whether the case goes to trial. Some claims resolve without a lawsuit, while others take longer. Filing deadlines still apply either way, so the timeline should be planned around them.

Georgia requires auto insurers to include UM coverage in their policies, but a named insured can reject it in writing (O.C.G.A. § 33-7-11(a)(3)). Unless you choose lower limits, your UM limits generally match your bodily injury liability limits.

Add-on (excess) coverage pays on top of the at-fault driver’s liability insurance, up to your actual damages. Reduced-by coverage subtracts the at-fault driver’s insurance from your UM limit. Under Georgia law, add-on is the default unless you selected reduced-by coverage in writing.

It can. Georgia requires either actual physical contact between the unknown vehicle and you or your property, or an eyewitness other than you who corroborates your account. The crash must also be reported to police as required by O.C.G.A. § 40-6-273.

A UM claim generally follows the deadline for the underlying injury claim, which is usually two years from the crash under O.C.G.A. § 9-3-33. If a lawsuit is needed, your UM insurer must be properly served within that time.

Yes. Because your insurer is the one paying, it may dispute fault, the cause of your injuries or what they’re worth. Georgia law lets a UM insurer take part in a lawsuit in its own name or in the at-fault driver’s name (O.C.G.A. § 33-7-11(d)).

Under O.C.G.A. § 33-7-11(j), if your insurer refuses to pay a covered UM loss within 60 days of a demand and the refusal is found to be in bad faith, it can owe up to 25% of the recovery or $25,000, whichever is greater, plus reasonable attorney’s fees.

Generally yes, if you accept the at-fault driver’s full policy limits and sign a limited release under O.C.G.A. § 33-24-41.1. Signing the wrong kind of release, or skipping required notices to your UM insurer, can put the UM claim at risk, so get advice before you sign.

For most personal injury claims, you have two years from the date of the injury to file a lawsuit under O.C.G.A. § 9-3-33. Property damage claims generally have four years under O.C.G.A. § 9-3-31.

No. The deadline is for filing a lawsuit in court, not for settling. Many claims settle before a lawsuit is needed, but if a claim isn’t resolved as the deadline approaches, filing suit protects your right to keep pursuing it. Negotiations with an insurer do not extend the deadline.

Georgia requires written notice before suing many government bodies. For a city, notice generally must be given within six months (O.C.G.A. § 36-33-5); for a county, claims must be presented within 12 months (O.C.G.A.

For most injury claims, Georgia gives a minor the same two years after turning 18, which usually means until the child’s 20th birthday (O.C.G.A. § 9-3-90(b)). Medical malpractice claims for children follow different, shorter rules under O.C.G.A. § 9-3-73, and government notice rules can differ too.

Possibly. Under O.C.G.A. § 9-3-99 and the Supreme Court of Georgia’s decision in Beneke v. Parker (2009), a pending traffic prosecution can pause the deadline for the injured victim until the case is resolved, up to six years.

A wrongful death claim for the full value of the person’s life generally must be filed within two years of the death. The estate’s separate claims, such as medical and funeral expenses, may be paused for up to five years while no estate representative has been appointed (O.C.G.A. § 9-3-92).

If a lawsuit is filed after the statute of limitations expires and no exception applies, the court will usually dismiss it, and the claim can’t be pursued. That’s why it’s worth confirming your deadline early, even if you’re still treating or talking with the insurance company.

No. Georgia has no statute that makes the rear driver automatically at fault, and the Supreme Court of Georgia treats liability in rear-end cases as generally a question for the jury. The following driver is often found responsible under the following-too-closely law, O.C.G.A.

Delayed symptoms are common. The Mayo Clinic says whiplash symptoms most often start within days, and the CDC notes that some concussion symptoms may not appear for hours or days. See a doctor promptly and return if new symptoms develop.

Yes, you can. Vehicle damage doesn’t measure what happened to your body, although insurers often argue that low damage means low injury. Photos, repair records, prompt medical care and your doctor’s opinion on causation are the best response.

After SB 68, Georgia law allows evidence that you weren’t wearing a seat belt to be considered on fault, causation and damages, subject to the rules of evidence. It can reduce what you recover, but it doesn’t automatically bar your claim. How it applies depends on the facts and when the case arose.

More than one driver may share fault, and each may have a different insurer. The order of impacts, the crash report and any video are especially important. Georgia’s comparative fault law, O.C.G.A. § 51-12-33, is used to divide responsibility among the parties.

For most personal injury claims, the deadline is two years under O.C.G.A. § 9-3-33. Some claims, such as those involving government vehicles, can have shorter notice requirements, so it is best to get advice early.

There is no set formula in Georgia law. If the case is tried, the jury decides the amount based on the evidence, using the “enlightened conscience” of fair and impartial jurors. Multiplier and per diem methods you may see online are shortcuts, not legal rules.

Not in ordinary personal injury cases like car accidents. Georgia’s medical malpractice cap on noneconomic damages was struck down by the Supreme Court of Georgia in 2010 in the Nestlehutt case, and SB 68 did not add a new cap. Punitive damages are separate and are capped at $250,000 in most cases.

Yes, but with limits. Under O.C.G.A. § 9-10-184 as rewritten by SB 68, a lawyer can argue a specific amount only after the evidence closes, the argument must be rationally related to the evidence, and it cannot reference unrelated objects or values.

No, emotional distress can be part of a pain and suffering claim without it. But if you are struggling, getting care helps you recover and creates records that document what you are going through.

Yes. A pre-existing condition does not bar a claim, and a jury can consider whether the crash made the condition worse. Medical records from before and after the crash help show the difference.

Consistent medical treatment, complete medical records, a doctor’s opinion on any permanent effects, a daily journal and testimony from people who know you all help. Specific, dated examples of what you could not do are more persuasive than general statements.

A spouse’s loss of companionship and support is a separate claim called loss of consortium. In Georgia it has its own four-year filing period under O.C.G.A. § 9-3-33, but it is usually handled together with the injured person’s claim.

Not before you understand your injuries, your future treatment and your lost income. A first offer reflects the insurer’s view of the claim at that moment, often before treatment is finished. Once you sign a release, you usually can’t reopen the claim, even if your condition gets worse.

Generally, no. You don’t have an obligation to give the at-fault driver’s insurer a recorded statement, and it is reasonable to decline until you have had advice. Your own insurance policy is different and likely requires you to cooperate with your own insurer.

It is a written offer to settle a claim for a set amount by a set deadline. For motor vehicle injury claims, O.C.G.A. § 9-11-67.1 sets the required terms, including at least 30 days to accept, at least 40 days to pay, delivery by certified mail or statutory overnight delivery, and enough medical...

It can in some situations. Under Georgia case law, an insurer that negligently or in bad faith fails to accept a valid offer to settle within its policy limits may be liable to its insured for a larger judgment.

O.C.G.A. § 33-3-28 lets a claimant send a sworn written request by certified mail or statutory overnight delivery. The insurer must then disclose its coverage limits within 60 days. An attorney can handle this request for you.

Yes. Public posts, photos and comments can be reviewed and presented out of context to argue that you aren’t as hurt as you say. Keep accounts private and avoid posting about the crash, your injuries or your activities while the claim is open.

For most personal injury claims, O.C.G.A. § 9-3-33 sets a two-year deadline from the date of injury. Some claims have shorter notice deadlines or different rules, so it is best to get advice early.

Landon Crider is a personal injury attorney at The Gunn Law Group in Atlanta, Georgia. He is a Georgia State University graduate — both undergrad and law school — and a former associate at two prominent Atlanta defense firms.

Landon spent years at Atlanta defense firms representing insurance companies and corporations in personal injury cases. While the work was challenging, he realized his goal had always been to help regular people — not defend the companies they were up against.

Landon’s years at defense firms gave him direct insight into how insurance companies evaluate claims, what tactics they use to minimize payouts, and how they build arguments to deny or reduce your compensation.

Landon handles personal injury cases at The Gunn Law Group, including car accidents, truck accidents, wrongful death, premises liability, and catastrophic injuries. His litigation experience spans both defense and plaintiff work, giving him a comprehensive understanding of complex injury cases.

You can schedule a free consultation with Landon and The Gunn Law Group by calling 888-BIG-GUNN (888-244-4866) during business hours (Monday–Friday, 9:00 AM – 6:00 PM ET) or by submitting a request on the firm’s contact page. There is no cost or obligation.

We assign attorneys based on the type of case and current caseload to ensure you get the best representation for your specific situation. However, all our attorneys work collaboratively, and Harrell Gunn personally reviews every case.

While our office hours are Monday–Friday, 9am–6pm EST, we understand that questions and concerns don’t always happen during business hours. We respond to urgent matters as quickly as possible and have systems in place for after-hours communication on active cases.

Yes. While most personal injury cases settle before trial, our attorneys are trial-ready and have courtroom experience. We prepare every case as if it will go to a jury, which is exactly why insurance companies take our settlement demands seriously.

Yes. All attorneys at The Gunn Law Group are licensed, practicing members of the State Bar of Georgia in good standing.

Our attorneys collectively handle auto accidents, truck accidents, medical malpractice, wrongful death, premises liability, construction accidents, insurance bad faith, product liability, and uninsured motorist claims.

Very. Unlike larger firms where cases are primarily handled by paralegals, our attorneys are directly involved in case strategy, client communication, negotiations, and (if necessary) litigation. Your attorney will know your case inside and out. Your Attorneys Are Ready.

There is no reliable “average” that tells you what your case is worth. Claims range from minor property damage to catastrophic injuries, and the value depends on your specific injuries, fault and available insurance. Be cautious of any source that quotes a typical number without knowing your facts.

Yes, as long as you are less than 50 percent responsible. Under O.C.G.A. § 51-12-33, your damages are reduced by your percentage of fault, and if you are 50 percent or more at fault, you cannot recover.

It can. Since SB 68 took effect in April 2025, evidence that you were not wearing a seat belt may be admitted on issues such as causation and comparative fault, and it may be used to reduce your recovery.

Not necessarily. For causes of action arising on or after April 21, 2025, Georgia limits medical expenses to the reasonable value of necessary care, and if you have health insurance the jury may hear both the billed amounts and the amounts your insurance contract would pay.

Georgia’s minimum bodily injury coverage is $25,000 per person. If your damages exceed the at-fault driver’s limits, your own uninsured/underinsured motorist coverage may help pay the difference, and in some cases other responsible parties or policies may be involved.

Most personal injury claims must be filed within two years of the injury under O.C.G.A. § 9-3-33. Property damage claims generally have four years, and claims involving government vehicles can require formal notice much sooner.

That is your decision, but it is worth understanding the full scope of your injuries first. A release usually ends the claim permanently, so if you later need surgery or more treatment, you typically cannot go back for more.

Yes. 100% free, no strings attached. We evaluate your case, answer your questions, and give you honest advice — even if that advice is “you don’t need a lawyer.” There is no cost and no obligation.

We respond to all form submissions within 24 hours. If you call during business hours (Mon–Fri 9am–6pm EST), you’ll speak with someone immediately. Urgent after-hours matters receive same-day attention.

No. We handle many consultations and cases remotely via phone and video conference. However, if you prefer an in-person meeting, both our Atlanta and Norcross offices are available by appointment or walk-in during business hours.

If available, have the following: date and location of your incident, names and insurance information of any other parties involved, police report number (if applicable), and a list of your medical providers. Don’t worry if you don’t have everything — we’ll help you gather what’s needed.

Absolutely. Under Georgia’s Rules of Professional Conduct, information you share with us during a consultation must be kept confidential — even if we don’t end up taking your case. Nothing you share during your consultation will be disclosed to anyone without your consent.

We handle personal injury cases including auto accidents, truck accidents, medical malpractice, wrongful death, premises liability, construction accidents, insurance bad faith, product liability, and uninsured motorist claims.

Harrell Gunn and The Gunn Law Group handle a wide range of personal injury cases across Georgia, including car accidents, truck accidents, medical malpractice, wrongful death, premises liability, construction accidents and insurance bad faith claims.

Nothing upfront. The Gunn Law Group works on a contingency fee basis, which means you never pay an out-of-pocket attorney fee. Harrell and his team only get paid if they recover compensation for you, whether through a settlement or a verdict.

The Gunn Law Group has two offices in metro Atlanta. The main office is at 950 E. Paces Ferry Rd NE, Suite 1550, Atlanta, GA 30326. The Gwinnett County office is at 5955 Jimmy Carter Blvd, Suite 149, Norcross, GA 30071. Both offices serve clients across the state of Georgia.

Harrell grew up as the son of a doctor, giving him a unique understanding of the medical side of personal injury cases. He trained under Georgia’s top injury lawyers before founding The Gunn Law Group specifically to provide more personal, hands-on client service.

Call 888-BIG-GUNN (888-244-4866) during business hours (Monday–Friday, 9:00 AM – 6:00 PM) or visit our contact page to submit a request online. There is no cost and no obligation. Talk to Harrell’s Team Today Your consultation is free, and you never pay an out-of-pocket attorney fee.

Nothing upfront. We work on a contingency fee basis, which means you pay zero out-of-pocket attorney fees. We only get paid when we win your case. If we don’t recover compensation for you, you owe us nothing.

Under Georgia law (O.C.G.A. § 9-3-33), you generally have two years from the date of your injury to file a personal injury lawsuit. However, some cases have shorter deadlines, especially claims against government entities. Contact us as soon as possible so you don’t lose your right to compensation.

Call 911, get medical attention (even if you feel fine, adrenaline masks injuries), document the scene with photos, exchange insurance information, and contact a personal injury attorney before speaking to the other driver’s insurance company. Do not give a recorded statement without legal counsel.

Every case is different. The value depends on the severity of your injuries, medical expenses, lost wages, pain and suffering, and long-term impact on your life. Our team evaluates every case individually. That’s why the free consultation matters.

Most personal injury cases settle out of court. However, we prepare every case as if it’s going to trial. Insurance companies know which firms actually try cases and which ones always settle. Our trial readiness is one of the reasons we get better offers.

Georgia has a high rate of uninsured drivers. If you have uninsured/underinsured motorist (UM/UIM) coverage on your own policy, you may still be able to recover compensation. We’ve recovered significant settlements in UM claims. See how UM coverage works in Georgia.

It depends on the complexity. Some cases settle in a few months; others, especially medical malpractice or wrongful death cases, can take a year or more. We never rush a settlement just to close a file. We wait until you’ve reached maximum medical improvement so we can demand full compensation.

Insurance companies have teams of adjusters and lawyers working to minimize your payout. You need someone in your corner who knows the game, and a free consultation lets you understand your options before you decide anything. Injured in Georgia? Don’t Wait.

Yes. Every review on this page was left by a client on our Google Business Profile. We quote them in their own words; long reviews are shortened with an ellipsis, and names are abbreviated for privacy. You can read all of them on Google.

We have more than 500 Google reviews with a 4.9-star average rating.

No. Every case depends on its own facts, including the injuries, the evidence and the insurance available. Past results and client reviews do not guarantee a similar outcome.

Call 888-BIG-GUNN (888-244-4866) or request a free case review online. A member of our team will listen to what happened and explain your options. Ready to Be Our Next Success Story? No fee unless we recover for you. That’s not a tagline. That’s how the fee works.

The Gunn Law Group was founded by Harrell Gunn after he trained under experienced personal injury lawyers in Georgia. The firm was built on the principle that every client deserves personal attention from an experienced attorney, not just a case manager.

We have three attorneys, Harrell Gunn (Founder), Adriauna Gunn and Landon Crider, supported by a team of 16 professionals including paralegals, case managers and support staff.

Car and truck accidents, medical malpractice, wrongful death, premises liability, construction accidents, insurance bad faith, product liability and uninsured motorist claims, among others.

No. Our offices are in Atlanta (Buckhead) and Norcross (Gwinnett County), and we represent injured people throughout Georgia.

Three things: personal attention (your attorney knows your case inside and out), medical understanding (our founder reads the medical records himself on the cases he handles directly) and trial readiness (we prepare every case for court).