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call 833-JOHNNY3
or 833-564-6693
(Se Habla Español)

full-service - full time - to the end

Serving Atlanta and All Of Georgia

Whether you’ve been rear-ended by a reckless driver, bitten by your neighbor’s unruly dog, or suffered injuries from a defective product, you have every right to seek compensation for the injuries and pain and suffering you endured.

Personal injury lawyer Johnny Phillips is ready to take on your case, no matter how complex. You shouldn’t suffer physically, emotionally, and financially because of another person’s negligence or outrageous behavior. Take legal action and make sure you aren’t the one paying for someone else’s carelessness.

Personal Injury

Personal Injury Lawyer Atlanta, Georgia

Steps to Take if You’ve Been Injured in an Accident in Atlanta

If you’ve been hurt in an accident in Atlanta, there are several things you should do in the aftermath:

  • Seek medical attention: Even if your injuries seem minor or nonexistent, you should see a doctor. Accident injuries may not be apparent right away. Prompt medical care can help you recover faster and avoid potentially serious complications.
  • Preserve evidence: This includes things like pictures from the accident scene, pictures of your injuries, insurance details from other parties involved and contact details of anyone who witnessed the accident.
  • Start compiling necessary documentation: Gather important documents pertaining to your injuries, like medical bills for treatment, hospital fees and proof of lost wages. 
  • Refrain from talking about the accident: Do not talk to anyone about the details of your accident unless they’re a police officer or your attorney. When speaking with police, answer questions truthfully but never apologize or admit fault—doing so may result in your personal injury claim being denied by the insurance adjuster.
  • Consult an Atlanta personal injury attorney: A personal injury attorney can give you the legal guidance and expertise you need to get the most out of your insurance claim.

The Time Limit for Filing a Personal Injury Claim or Lawsuit in Georgia

The statute of limitations pertains to how long someone has to file a personal injury claim or civil lawsuit if they were hurt in an accident. In Georgia, the statute of limitations is two years after the date of your injury, although there are certain exceptions to this rule:

  • Crime victims: If your personal injuries were suffered due to someone else’s intentional or criminal behavior, the statute of limitations for your civil case may be delayed until the criminal prosecution of the person who committed the crime has concluded.
  • Incapacity: If the injured person is a minor or is physically or mentally impaired, the statute of limitations is paused until they turn 18 or overcome their incapacity.
  • Medical malpractice: People who’ve suffered injuries due to a medical error frequently don’t notice their injuries until weeks, months or even years after the treatment. In such cases, the statute of limitations doesn’t start to run until the injury has been discovered.
  • Loss of Consortium: A person who has lost the love, care and physical companionship of a badly injured or deceased spouse can file a loss of consortium claim. In Georgia, the statue of limitations for loss of consortium claims is four years.

The accessibility of evidence in a personal injury case tends to be time sensitive. It’s likely in your best interest to secure legal representation as soon as possible after the accident. Doing so will give your attorney time to gather fresh evidence and build a compelling case on your behalf before documents are lost or memories of the accident begin to fade.

Recovering Damages in a Personal Injury Claim

You can generally recover three types of damages in a personal injury claim in Georgia: economic, non-economic, and punitive.

Economic Damages

Also known as special damages, these damages pertain to the tangible expenses you endured as a result of your injury. Examples include:

  • Medical bills
  • Lost wages
  • Property damages
  • Cost of ongoing medical care

Punitive Damages

Punitive damages may be paid to you if the person who injured you acted with malice or exercised willful misconduct. As the name suggests, these damages are specifically meant to punish the defendant for their outrageous behavior, such as drunk driving or extreme negligence in a medical malpractice case.

Georgia’s Modified Comparative Negligence

Determining fault in a personal injury case can be a complicated matter, especially when plaintiffs share some of the fault for the injuries they suffered.

If you’re trying to recover damages for your injury but it’s determined your own actions played a role in the accident, your compensation may be reduced based on the percentage of your fault. For instance, if you were 30 percent at fault for a car accident and your subsequent injuries, your final compensation will be reduced by 30 percent. People who are half or more at fault lose their right to recovery altogether.

Determining How Much a Personal Injury Case Is Worth

Each personal injury case is different and determining compensations is typically influenced by many factors, including evidence, shared fault and the types of damages you are entitled to receive.

Ideally, you should be able to recover compensation for your medical bills, lost wages and any ongoing expenses resulting from your injury. Things get more complicated if your claiming non-economic damages like pain and suffering or punitive damages.

Your attorney can negotiate a settlement based on legal formulas, such as the multiplier method or the per diem (per day) method. While non-economic damages are real, they are highly subjective in the eyes of law. The amount you feel you’re owed may be questioned or disputed by the insurance company many times before a settlement can be reached.


The Cost of Hiring an Atlanta Personal Injury Attorney

Most personal injury attorneys in Atlanta work on a contingency fee basis, meaning you won’t have to pay any fees unless your attorney can secure a claim settlement or win a verdict in court. In both scenarios your attorney will be owed a percentage of your payment, known as a contingency fee.

There are many reasons personal injury attorneys operate using a contingency fee structure. Your lawyer’s payment will be directly based on how successful they are in maximizing your recovery, which means they will likely work extra hard to secure fair compensation. A contingency fee also means you don’t have to risk losing money, especially at a time when you have a lot of extra bills and may be out of work.


Get a Free Consultation

At the Law Offices of Johnny Phillips, our auto accident attorneys have handled the most demanding cases, helping our clients recover the compensation they deserve. Our team of dedicated lawyers works passionately to get our clients the checks they need.


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