Understanding the Basics of an Automobile Accident Lawsuit in Georgia

By Kevin Patrick|June 4, 2025|Articles

If you’ve recently been involved in a car accident in Georgia, you may be facing medical bills, lost wages, and emotional distress. Navigating the legal system can be overwhelming, especially when you’re trying to recover physically and financially. This guide provides an overview of the basics of an automobile accident lawsuit in Georgia, helping you understand your rights and legal options.

At Kevin Patrick Law, we specialize in representing individuals in car accident cases, ensuring they receive the compensation they deserve under Georgia law. Attorney Kevin Patrick is recognized throughout Georgia for his experience and compassionate advocacy on behalf of accident victims.


1. Fault-Based System in Georgia

Georgia operates under a fault-based system when it comes to automobile accidents. This means the person who is legally responsible (at fault) for the accident is also responsible for the resulting damages.

According to O.C.G.A. § 51-1-6, “When the law requires a person to perform an act for the benefit of another or to refrain from doing an act which may injure another, a breach of such legal duty constitutes negligence.”

If someone’s negligence caused your car accident—such as speeding, running a red light, or distracted driving—you are entitled to seek compensation from that individual or their insurance provider.


2. Comparative Negligence in Georgia

One important concept to understand is comparative negligence, outlined in O.C.G.A. § 51-12-33. Georgia follows a modified comparative fault rule, which means you can recover damages even if you were partially at fault—so long as your share of the fault is less than 50%.

For example, if you are found to be 20% at fault for the accident and the damages total $100,000, your recovery will be reduced by 20%, resulting in $80,000.

Kevin Patrick Law carefully investigates each case to minimize a client’s potential share of fault, ensuring the highest possible compensation.


3. Statute of Limitations: How Long Do You Have?

Under O.C.G.A. § 9-3-33, the statute of limitations for filing a personal injury lawsuit in Georgia is two years from the date of the accident. For property damage claims, you have four years under O.C.G.A. § 9-3-31.

Failing to file your lawsuit within the appropriate time frame can result in your case being dismissed. That’s why it’s crucial to consult an attorney as soon as possible after an accident.

Attorney Kevin Patrick and his team are known for prompt and efficient legal action to preserve clients’ rights and evidence in their cases.


4. Common Types of Compensation

In an automobile accident lawsuit, you may be eligible to recover various types of damages, including:

  • Medical Expenses: Hospital bills, rehabilitation, future medical treatment

  • Lost Wages: Income lost due to time away from work

  • Pain and Suffering: Emotional and physical distress caused by the accident

  • Property Damage: Costs to repair or replace your vehicle

  • Punitive Damages: In cases of gross negligence or willful misconduct, such as DUI-related accidents (O.C.G.A. § 51-12-5.1)

At Kevin Patrick Law, we assess all avenues for compensation and consult with experts when needed to accurately calculate damages.


5. Dealing with Insurance Companies

Insurance companies are for-profit businesses that often seek to minimize payouts. It’s common for insurers to offer low settlements early in the process. Before accepting any offer, it’s wise to speak with an experienced Georgia personal injury lawyer.

Attorney Kevin Patrick has successfully negotiated with many of Georgia’s largest insurance companies and is well-versed in the tactics they use. His firm can handle all communications and negotiations, giving you peace of mind and a stronger bargaining position.


6. Filing a Lawsuit: What to Expect

If a fair settlement cannot be reached, your attorney may advise filing a formal lawsuit. Here’s what that process generally includes:

  • Filing a Complaint: The lawsuit begins when your attorney files a legal complaint outlining the basis of the claim.

  • Discovery Phase: Both sides exchange evidence, such as medical records, police reports, and witness testimony.

  • Depositions: Key witnesses, including yourself, may be interviewed under oath.

  • Settlement Talks: Most cases settle before trial through negotiation or mediation.

  • Trial: If no agreement is reached, the case proceeds to trial, where a judge or jury determines liability and awards damages.

Kevin Patrick Law handles every stage of the litigation process with diligence and personal attention. Clients appreciate the firm’s responsive communication and transparent case updates.


7. Why Choose Kevin Patrick Law?

There are many personal injury attorneys in Georgia, but few offer the level of personal care, legal knowledge, and proven results that Kevin Patrick brings to each case. Recognized by Super Lawyers and featured in publications such as Georgia Trend, Kevin Patrick has a reputation for ethical advocacy and client satisfaction.

His firm is based in Atlanta but represents clients throughout the state, including in cities like Macon, Savannah, Augusta, and Columbus. Whether your accident occurred on a busy highway like I-75 or a neighborhood road, Kevin Patrick Law is ready to help.


8. What to Do After a Car Accident

Here are some steps you should take immediately after a crash in Georgia:

  1. Call 911 – A police report is essential for your claim.

  2. Seek Medical Attention – Even if you feel fine, symptoms may appear later.

  3. Take Photos – Document vehicle damage, road conditions, and injuries.

  4. Exchange Information – Collect contact and insurance details from all involved drivers.

  5. Contact Kevin Patrick Law – Before speaking to an insurance adjuster, get legal guidance.

Time and evidence are critical. Kevin Patrick Law offers free consultations to help you understand your rights and next steps.


Final Thoughts

Automobile accidents can be life-changing. If you or a loved one has been injured in a car accident in Georgia, it’s important to understand your legal rights and options. Filing a lawsuit may seem daunting, but with the right attorney by your side, it becomes manageable.

With a deep knowledge of Georgia’s laws, compassionate client service, and a track record of success, Kevin Patrick Law is here to help you seek justice and fair compensation.

Call Kevin Patrick Law Today

📞 (404) 566-5880

Free consultations. No fees unless we win your case.


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