Marietta, GA Personal Injury Lawyer
Understanding Your Rights After an Accident in Georgia
At Johnson & Alday, LLC, our legal team has nearly 40 years of combined experience guiding clients through personal injury and workers’ compensation cases. Client-centered and results driven, we have built a respected reputation for achieving multi-million dollar settlements and delivering the advocacy our clients deserve. When you work with our Marietta, GA personal injury lawyer from our firm, you gain experienced advocates dedicated to helping you recover the compensation you need to move forward.
Accidents and injuries can happen in a matter of seconds, but their consequences can last for months or years. If a crash on Interstate-75 leaves you with a broken leg, a slip on spilled liquid results in a head injury, or a negligent driver injures a loved one, you may face unexpected medical bills and lost income. Georgia law allows injured people to seek financial compensation when someone else’s careless or reckless conduct causes harm.
How Personal Injury Law Works in Georgia
Personal injury law revolves around negligence, the failure to act with reasonable care. Cornell Law School’s Legal Information Institute notes that negligence requires proof of several elements: a defendant owed the plaintiff a legal duty, breached that duty, the breach caused harm, and the defendant’s actions were the proximate and actual cause of the plaintiff’s injuries. In practice, a person or business may be liable when they fail to drive safely, maintain safe premises or control a dangerous animal.
Statute of Limitations and Shared Fault
Georgia law sets strict deadlines. Under Georgia Code § 9‑3‑33, lawsuits for injuries to the person must be filed within two years after the right of action accrues; claims for loss of consortium have a four‑year limit. Missing these deadlines can bar your claim.
Georgia also uses a modified comparative negligence rule with a 50 percent bar. You can recover damages if you are less than 50 percent at fault; however, any award is reduced by your percentage of fault. For instance, if you are 20 percent responsible for a crash, you receive 80 percent of the damages. If you are 50 percent or more at fault, you cannot recover. Accurate fault allocation often requires an attorney’s guidance.
Steps to Take After an Accident
- Get medical care. Seek prompt medical attention even if you feel fine. Internal injuries and concussions may not show symptoms right away, and medical records link your injuries to the incident. Georgia’s 2021 crash report notes that emergency services transported over 100,000 people from motor‑vehicle incidents to hospitals that year.
- Notify the authorities and property owners. Report motor‑vehicle accidents that cause injury, death or significant property damage to the police. File incident reports with property owners for premises accidents. An official report establishes key facts and demonstrates that you responded responsibly.
- Gather evidence. Photograph the scene, vehicle damage, hazards and injuries. Obtain contact information for witnesses and keep receipts for all related expenses. Preserve any surveillance footage; many systems overwrite data quickly.
- Be careful with insurers. Notify your own insurer promptly, but avoid detailed statements or signing medical authorizations for the opposing insurer. Adjusters aim to minimize payouts. A lawyer can communicate with insurers on your behalf.
- Talk to an attorney. A consultation allows you to understand your rights, avoid missing deadlines and get help investigating the accident and negotiating with insurers.
Common Types of Personal Injury Cases
Our firm handles a broad range of personal injury matters. Here is an overview of some of the most common case types and unique considerations for each.
Types of Cases We Handle
Our attorneys have handled cases within a variety of personal injury practice areas, such as:
Motor‑vehicle accidents: Car accidents and truck crashes remain a leading cause of serious injury. Georgia recorded 1,797 motor‑vehicle crash fatalities in 2021. Injuries can include broken bones, head trauma and spinal damage. Truck cases often involve violations of federal regulations, and evidence such as electronic log data and maintenance records can be crucial.
Motorcycle, bicycle and pedestrian injuries: Riders and walkers have little protection, so even low‑speed collisions can cause catastrophic injuries. Georgia law treats cyclists and pedestrians as having the same rights and responsibilities as motorists; drivers must yield to them in crosswalks and allow safe passing space.
Slip‑and‑fall accidents: Property owners must keep their premises reasonably safe. Falls often occur due to wet floors, uneven surfaces or poor lighting. You must prove that the owner knew or should have known of the hazard and failed to fix it. Evidence such as photos and incident reports is vital.
Dog bites: Owners may be liable if they know their dog is dangerous or if the dog was allowed to roam. Get medical treatment, report the incident to animal control, and document your injuries. Some homeowner’s insurance policies cover dog bite claims.
Wrongful death: When negligence results in a fatality, surviving family members may seek compensation for the full value of the decedent’s life and for expenses such as medical bills and funeral costs. These cases are emotionally and legally complicated; professional guidance helps families manage the process.
Potential Compensation For Personal Injury Claims
Personal injury claims seek to make victims whole by compensating them for losses. Economic damages cover measurable costs such as medical bills, lost wages and property damage. Non‑economic damages compensate for pain, suffering, emotional distress and the loss of enjoyment of life. In rare cases where the defendant’s conduct is egregious—such as driving while intoxicated—punitive damages may be awarded to punish the wrongdoer. Georgia law generally limits punitive damages to $250,000 unless the defendant acted intentionally or was under the influence.
Calculating damages often requires medical experts, economists and other specialists. Our personal injury attorney will make sure that both current expenses and future needs (like ongoing therapy or reduced earning capacity) are considered.
Insurance and Settlement Negotiations
Many injury cases settle without going to court, but insurers are motivated to pay as little as possible. They might offer quick settlements that fail to account for long‑term medical care, reduced earning capacity or non‑economic losses. Comprehensive evidence and a clear understanding of your case value are essential. Our lawyer can prepare demand letters, negotiate on your behalf and pursue litigation if a fair resolution cannot be reached.
Contingency Fees and Legal Costs
Many personal injury attorneys are paid through contingency fees—they collect a percentage of your recovery only if you win. These fees often hover around one‑third of the settlement or verdict and may rise to 40 percent in complicated or risky cases. Lawyers typically advance litigation expenses and are reimbursed from your award. This arrangement makes legal representation accessible to people who might otherwise be unable to afford it.
Why Clients Choose Our Attorneys
Local knowledge and state‑specific experience: Our local attorney understands Cobb County court procedures, judges and jury trends, as well as Georgia laws like the two‑year statute of limitations and the comparative negligence rule.
Case management: Our lawyer will investigate the accident, collect evidence, interview witnesses, handle paperwork, negotiate with insurers and, if needed, take your case to trial—so you can focus on healing.
Maximizing compensation: Attorneys know how insurers undervalue claims. We use evidence, expert testimony and negotiation tactics to pursue full and fair compensation.
Personalized guidance: Every injury is unique. Our dedicated lawyer listens to your concerns, explains your options clearly and helps you manage medical liens, subrogation and settlement structures.
Marietta Personal Injury Infographic
Marietta Personal Injury Law Statistics
According to the U.S. Centers for Disease Control (CDC), approximately 31 million Americans require medical treatment due to general injuries each year. More than 173,000 deaths result from unintentional injury. These accidents happen practically everywhere: on the road, in the workplace, in retail stores, and in any other location where people are going about their normal routines.
Personal Injury FAQs
What Are Signs of Medical Malpractice?
Medical malpractice involves more than just receiving bad news or an unfavorable outcome. It occurs when a healthcare provider fails to meet the standard of care, resulting in preventable harm. Examples include:
- Prescribing the wrong medication or dosage
- Misusing medical instruments, especially during childbirth
- Delayed or incorrect diagnoses
- Surgical errors
- Improper anesthesia administration
If you’ve suffered worsening health due to medical treatment, it’s worth having your situation evaluated by our qualified attorney.
How Do I Show That a Driver is at Fault for an Accident?
Establishing fault requires solid evidence. Key pieces of proof include:
- Photos of the accident scene and vehicle damage
- Police reports and traffic citations
- Eyewitness statements
- Dashcam or surveillance footage
- Medical records linking your injuries to the incident
If you’re unsure how to gather this documentation, we can investigate and collect the evidence needed to build a strong claim.
Are There Ways I Could Be Hindering My Case?
Absolutely. Common mistakes that can hurt your claim include:
- Posting on social media about your injuries, recovery, or daily activities
- Delaying medical treatment or missing follow-up appointments
- Giving recorded statements to insurers without legal advice
Even innocent posts or comments can be used to question your credibility. Until your case is resolved, it’s best to keep a low profile online and let your attorney handle communications.
Can I Rely on Advice From Friends and Family?
While loved ones often mean well, their personal injury experiences may not reflect your unique legal circumstances. Every case involves different facts, laws, injuries, and insurance policies. For sound legal guidance tailored to your situation, always consult with our licensed Georgia personal injury attorney.
How Long Do I Have to File My Claim?
In Georgia, the statute of limitations for most personal injury cases is two years from the date of the injury. Some exceptions apply:
- Claims involving loss of consortium may have slightly longer deadlines
- Medical malpractice cases might be subject to a discovery rule
- Government claims often require much shorter notice periods (as little as six months)
Failing to file on time can permanently bar your right to recover. Don’t wait—consult our attorney early to protect your rights.
Can I Recover Compensation if I Was Partly at Fault?
Yes. Georgia follows a modified comparative negligence rule. If you are found to be less than 50% at fault, you can still recover compensation. However, your total award will be reduced by your percentage of fault.
For example, if you are awarded $100,000 but are 20% at fault, your final recovery would be $80,000. If you’re 50% or more at fault, you cannot recover damages under Georgia law.
What Types of Compensation Can I Claim in a Personal Injury Case?
Depending on the nature of your injuries and losses, you may be entitled to several types of damages:
- Economic damages: Medical bills, future treatment costs, lost income, diminished earning capacity, and property damage
- Non-economic damages: Pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life
- Punitive damages: In rare cases involving egregious misconduct (such as DUI or intentional harm), Georgia courts may award punitive damages to punish the defendant and deter future misconduct
Our skilled attorney can evaluate your case and ensure all avenues of recovery are explored.
Moving Forward After an Injury
An unexpected injury can leave you in pain and uncertain about the future. Knowing the basics—such as the elements of negligence, the two‑year statute of limitations and the 50 percent comparative negligence —helps you protect your rights. Prompt medical care, incident reporting and evidence collection strengthen your claim. Because insurers often look out for their bottom line, having our Marietta personal injury lawyer on your side means you have an advocate focused on your well‑being and recovery.
If you or someone you care about has been injured in Marietta or elsewhere in Georgia, we invite you to reach out for a free consultation. We will explain your options, outline your next steps after an injury, answer your questions and work diligently to seek the compensation you deserve.
Personal Injury Glossary
If you’re searching for a Marietta, GA personal injury lawyer, you’re likely going through a difficult time. Whether you were injured in a vehicle collision, slip and fall, or another serious incident, it helps to understand some of the legal language that comes up during your case. Below, we’ve defined several terms that we commonly explain to clients. These explanations are designed to give clarity and help you stay informed as we move through your legal matter together.
Contingency Fee Agreement
A contingency fee agreement refers to a payment structure used by many personal injury lawyers. Under this agreement, a client does not pay upfront legal fees. Instead, the lawyer is paid a percentage of the settlement or court award only if the case is successful. This means our law firm advances the cost of handling your case and only recovers legal fees if we recover compensation for you. This arrangement allows clients to pursue claims without added financial stress.
The percentage typically ranges from 33% to 40% depending on whether a case settles or goes to trial. If no recovery is made, the client does not owe attorney fees under this agreement. This structure provides access to legal help for those who may not have the resources to pay hourly fees, while also aligning the client’s and attorney’s interests toward achieving a successful outcome.
Medical Documentation
Medical documentation refers to all records created as part of diagnosing and treating your injuries after an accident. These documents are essential in building a strong personal injury claim. Common types include emergency room charts, doctor visit notes, radiology reports, prescription history, physical therapy records, and surgery summaries.
Accurate and complete medical documentation helps link your injuries to the incident and supports the calculation of how much compensation may be appropriate. It also demonstrates that you sought treatment promptly, which can affect how your injury claim is evaluated by insurers or in court. Always keep copies of everything and follow through on all prescribed treatments, as gaps in care can weaken your case.
Witness Statement
A witness statement is a written or recorded account from someone who saw or heard the incident that caused your injury. These statements can play a significant role in verifying how the event unfolded. Witnesses may include bystanders, passengers, or others present at the scene. In some cases, specialists like accident reconstruction professionals or physicians may also provide formal statements.
Statements should be obtained as soon after the incident as possible, while details are still fresh. We review and preserve these accounts because they can help corroborate your side of the story and challenge inconsistent or incomplete versions provided by other parties. In court or during settlement talks, credible witness statements often carry substantial weight.
Settlement Negotiation
Settlement negotiation refers to the process of reaching a financial agreement with an insurance company or opposing party without going to trial. Most personal injury claims are resolved through this process. We gather evidence, calculate appropriate compensation, and present a formal demand. The opposing party may accept, reject, or offer a counterproposal.
Our goal is to negotiate an amount that reflects both current and future costs tied to the injury, including medical expenses and lost income. Settlement allows for a faster resolution compared to court proceedings, and it keeps the matter private. However, we prepare each case as if it might go to trial, which strengthens our position at the negotiation table.
Trial Preparation
Trial preparation begins when a case cannot be resolved through settlement. It involves organizing all legal and factual elements for presentation in court. This includes finalizing evidence, preparing exhibits, interviewing witnesses, filing motions, and outlining arguments. We also prepare you, the client, for your role in court, whether that includes testifying or attending hearings.
The preparation phase is essential because it sets the stage for the outcome. Even though most personal injury cases do not reach this point, the way we prepare signals to the other side that we are ready and capable of litigating aggressively. Often, thorough trial preparation encourages favorable settlement offers before the trial begins.
If you’ve been injured and want to understand your legal options, we’re here to help. At Johnson & Alday, LLC, we bring decades of combined experience representing people just like you. Schedule a consultation with our Marietta, GA personal injury lawyer today and let us guide you on the path to justice.
Let’s talk through your case together—contact us now to speak with a member of our team.
Johnson & Alday, LLC, Marietta Personal Injury Lawyer
219 Roswell Street NE, Marietta, GA 30060
Your Next Step Toward Recovery
Whether you were hurt in a crash, a fall, a dog bite or another preventable incident, you’re dealing with more than paperwork—you’re trying to rebuild your life. At Johnson & Alday we provide compassionate counsel, clear communication and tireless advocacy across all types of personal injury cases.
Let us handle the legal fight so you can focus on healing.
Call 678-498-5505 or fill out our ONLINE CONTACT FORM to get started.
Client Testimonial
“Johnson & Alday is an extremely supportive and compassionate law firm. I am very thankful to have had them on my side. I had a prolonged case, however John Alday was very helpful throughout the whole process; always keeping me updated and looking out for my best interest. He was able to find the best outcome to which all parties could compromise. I am very glad my case had fallen into his hands.”
— Alexis V.