
What Is a Personal Injury Case?
Navigating the world of personal injury law can be confusing—especially when you’re trying to recover from an accident. Many people assume personal injury cases are criminal in nature, but that’s not the case. In Georgia, personal injury law falls under civil law, which focuses on resolving disputes and compensating victims—not punishing crimes.
If you’ve suffered an injury because of someone else’s actions, you may be entitled to compensation for your losses. This includes medical bills, lost wages, and even emotional distress. However, to succeed, you must understand how these cases work, the legal basis for liability, and why it’s crucial to work with an experienced attorney.
Civil vs. Criminal Law: What’s the Difference?
Criminal law focuses on punishing behavior that breaks the law—think DUI, assault, or theft. These cases are brought by the state and may result in jail time or fines. In contrast, personal injury cases are handled in civil court and are focused on compensating the victim.
That said, criminal and civil law can sometimes overlap. For example, if a drunk driver hits you, they may face criminal charges for DUI, but that won’t cover your medical bills or car repairs. To be reimbursed, you must file a civil personal injury claim.
Common Types of Personal Injury Cases in Georgia
Most personal injury claims are resolved through insurance settlements, but that doesn’t mean they’re simple. Insurance companies often fight hard to minimize payouts, and experienced lawyers know how to counter these tactics.
Here are the most common types of personal injury cases:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian and bicycle accidents
- Workplace injuries
- Medical malpractice
- Dog bites
- Product liability
- Premises liability (e.g., slip and fall)
- Wrongful death
Some attorneys specialize in particular injury types, like brain trauma or spinal cord damage, which often require long-term medical care and financial planning.
The Legal Elements of a Successful Personal Injury Claim
Most personal injury claims are based on negligence, a legal term meaning someone failed to act with reasonable care. To win your case, your lawyer must prove:
- Duty of Care – The defendant had a legal responsibility to act cautiously (e.g., drivers must follow traffic laws).
- Breach of Duty – They violated that responsibility (e.g., speeding or running a red light).
- Causation – That violation caused your injuries.
- Damages – You suffered actual harm (medical costs, lost wages, pain and suffering).
Evidence like medical records, surveillance footage, accident reconstruction reports, and witness testimony can help establish these points.
What Does the Legal Process Look Like?
Here’s what usually happens when you work with a personal injury lawyer in Georgia:
- Initial Consultation – The attorney evaluates your case (usually for free).
- Investigation and Evidence Gathering – This includes medical documentation, scene photos, and witness interviews.
- Insurance Claim Filing – Your lawyer files a claim with the at-fault party’s insurer.
- Negotiation – The goal is to settle for fair compensation without going to trial.
- Filing a Lawsuit (if needed) – If negotiations fail, your lawyer may file suit and go to court.
Most cases are resolved during negotiations, long before they reach a judge or jury.
Contingency Fees: How Most Injury Lawyers Get Paid
A major advantage of hiring a personal injury lawyer is the contingency fee structure. This means:
- No upfront costs
- You only pay if you win
- Fees come from your settlement, not out of pocket
This setup aligns your lawyer’s interests with yours—they’re motivated to win the highest compensation possible.
Don’t Wait Too Long—Deadlines Matter
In Georgia, the statute of limitations for most personal injury claims is two years from the date of the accident. If you miss this deadline, you may lose the right to recover any compensation.
Contact a Georgia Personal Injury Lawyer Today
If you’ve been injured due to someone else’s negligence, don’t try to navigate the legal system alone. The team at Kunnatha Lawson LLC in Georgia has helped countless injury victims recover the compensation they deserve.
Founding attorney Yari Lawson e Salu Kunnatha are experienced in handling personal injury claims from start to finish. Let our team fight for your rights while you focus on healing.
Call (678) 446-3655 to schedule your free consultation with a Georgia personal injury lawyer.
Georgia Personal Injury Lawyers
We focus exclusively on serious personal injury cases, including:
Assault Injuries
Bad Faith Insurance
Bicycle Accident
Brain Injury
Bus Accidents
Car Accidents
Catastrophic Injuries
Child Injuries
Construction Accidents
Dog Bites
If your life was disrupted by someone else's negligence, we're here to restore your power through the law.