Frequently asked questions
Georgia Injury FAQs
Straight answers to the questions injured Georgians ask us most. Written by The Gunn Law Group and reviewed by attorney Harrell Gunn.
Most asked
Top Questions
How long do I have to file an injury lawsuit in Georgia?
In most Georgia personal injury cases, you generally have two years from the date of the injury to file a lawsuit (O.C.G.A. § 9-3-33). If you miss the deadline, the court can dismiss the case no matter how strong it is.
Some situations change the deadline, such as injuries to children or claims against a government. Use our free deadline checker, then confirm your date with an attorney.
Does it cost anything to talk to you?
No. Your first case review is free and confidential, and there is no obligation to hire us.
How do your fees work?
We handle injury cases on a contingency fee: no attorney fee unless we recover for you. The fee is a percentage of the recovery, and it is explained in a written agreement before you sign anything.
Should I give a recorded statement to the other driver’s insurance company?
You are generally not required to give the other driver’s insurer a recorded statement. Adjusters may use your words to dispute fault or downplay your injuries. It is wise to speak with an attorney first. See what to say when the adjuster calls.
Should I accept the first settlement offer?
Be careful. Once you sign a release, your claim is usually over for good, even if you later need more treatment. Before you accept, make sure you know your full medical costs, lost pay and how the injury affects your life. Learn the common lowball tactics.
What if I was partly at fault for the crash?
Georgia uses a modified comparative fault rule. You can generally still recover if you were less than 50% at fault, but your recovery is reduced by your share of fault. At 50% or more, you generally cannot recover (O.C.G.A. § 51-12-33).
What if the driver who hit me has no insurance or not enough?
Your own uninsured/underinsured motorist (UM) coverage may pay for losses the at-fault driver’s insurance can’t. Georgia’s minimum liability coverage is $25,000 per person and $50,000 per crash for injuries, which often isn’t enough for a serious injury. Read Georgia UM coverage explained.
What if a city, county or state vehicle or road caused my injury?
Claims against a government have much shorter notice deadlines. Written notice generally must reach a city within 6 months and a county or the State of Georgia within 12 months. The notice has specific requirements, so talk to an attorney as soon as you can.
What should I bring to my free consultation?
- Your photo ID and insurance card
- The police report or report number, if you have it
- Photos or videos of the scene, vehicles and injuries
- Medical records, bills and discharge papers
- Letters or emails from any insurance company
- Recent pay stubs if you missed work
Don’t have everything? Come anyway. Our free document checklist can help you get organized.
Where are your offices, and how do I reach them directly?
Atlanta – Buckhead: 950 E. Paces Ferry Rd NE, Suite 1550, Atlanta, GA 30326 · 770-800-0945
Norcross – Gwinnett County: 5955 Jimmy Carter Blvd, Suite 149, Norcross, GA 30071 · 678-200-0273
Main line: 888-BIG-GUNN (888-244-4866) · Email: contact@thegunnlawgroup.com
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This page is general information, not legal advice, and contacting us does not create an attorney-client relationship. Every case depends on its own facts. “No fee unless we recover for you” refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases. Attorney advertising. Responsible attorney: Harrell J. Gunn, The Gunn Law Group, 950 E. Paces Ferry Rd NE, Suite 1550, Atlanta, GA 30326.
