Car accidents can change your life in an instant. Beyond the physical injuries and emotional stress, many victims feel overwhelmed by the legal process that follows. Understanding the stages of a car accident case in Georgia can help you feel more prepared, confident, and in control as your claim moves forward.
While every case is unique, most Georgia car accident claims follow a similar path. At Kevin Patrick Law, we guide clients through each stage—protecting their rights and fighting for full compensation every step of the way.
Below is a clear, step-by-step breakdown of what typically happens after a car accident in Georgia.
Stage 1: The Accident and Immediate Aftermath
The first stage begins at the moment of the crash.
After a collision, priorities should always be:
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Safety and medical care
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Calling 911
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Reporting the accident to law enforcement
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Exchanging information with other drivers
Under Georgia law, accidents involving injuries, death, or significant property damage should be reported. A police report often becomes a key piece of evidence later in the case.
Even if injuries seem minor, seeking medical attention immediately—or within the next 24 to 48 hours—is critical. Medical records created at this stage help establish a direct link between the crash and your injuries.
Stage 2: Medical Treatment and Documentation
Once emergency concerns are addressed, the focus shifts to ongoing medical care.
This stage may include:
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Emergency room visits
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Follow-up appointments
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Diagnostic testing (X-rays, MRIs)
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Physical therapy or rehabilitation
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Specialist referrals
Consistent medical treatment is not only important for recovery—it also strengthens your legal claim. Gaps in treatment are often used by insurance companies to argue that injuries were not serious or were unrelated to the accident.
At this stage, it’s important to document everything, including:
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Medical bills
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Prescriptions
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Doctor’s notes
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Mileage to appointments
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Time missed from work
Stage 3: Hiring a Georgia Car Accident Attorney
While you are not legally required to hire a lawyer, this stage is often where cases significantly change direction.
An experienced Georgia car accident attorney can:
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Take over communication with insurance companies
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Preserve evidence
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Advise you on your rights and responsibilities
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Prevent costly mistakes early in the process
At Kevin Patrick Law, we typically begin by conducting a thorough case evaluation and explaining what to expect based on Georgia law, including deadlines under the statute of limitations (generally two years for personal injury claims under O.C.G.A. § 9-3-33).
Stage 4: Investigation and Evidence Gathering
Once representation begins, your legal team will conduct a detailed investigation.
This stage may include:
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Reviewing police reports
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Interviewing witnesses
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Collecting photos and videos
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Obtaining traffic camera or surveillance footage
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Analyzing vehicle damage
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Consulting accident reconstruction experts when necessary
Georgia is an at-fault state, meaning the party responsible for the accident is financially liable. Evidence gathered during this stage is used to prove negligence and counter attempts to shift blame onto the injured victim.
Stage 5: Insurance Claims and Liability Determination
Next comes the insurance phase.
Your attorney will notify the at-fault driver’s insurance company and submit a claim. In some cases, claims may also involve:
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Your own insurance (medical payments or uninsured/underinsured motorist coverage)
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Multiple insurers if more than one party is involved
Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33). This means:
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You can recover compensation if you are less than 50% at fault
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Your compensation is reduced by your percentage of fault
Insurance companies often try to minimize payouts by disputing liability or downplaying injuries. Having strong evidence and legal representation at this stage is critical.
Stage 6: Demand Package and Settlement Negotiations
Once you reach maximum medical improvement (MMI) or your future medical needs are reasonably clear, your attorney prepares a demand package.
This package typically includes:
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A summary of the accident
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Proof of liability
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Medical records and bills
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Lost wage documentation
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Evidence of pain and suffering
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A specific compensation demand
Settlement negotiations often follow. Many car accident cases in Georgia resolve at this stage without going to court. However, insurance companies rarely offer fair compensation right away.
Your attorney negotiates aggressively to pursue compensation for:
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Medical expenses (past and future)
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Lost income
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Reduced earning capacity
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Pain and suffering
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Emotional distress
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Property damage
Stage 7: Filing a Lawsuit (If Necessary)
If settlement negotiations fail, the next stage is filing a lawsuit.
Filing suit does not automatically mean your case will go to trial. In many cases, it simply applies pressure and opens the door to formal discovery.
This stage must occur before the statute of limitations expires, or you risk losing your right to compensation entirely.
Stage 8: Discovery Phase
Discovery is the formal exchange of information between both sides.
This stage may involve:
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Written questions (interrogatories)
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Requests for documents
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Depositions (recorded testimony under oath)
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Independent medical examinations
Discovery allows both sides to evaluate the strengths and weaknesses of the case. It also often leads to renewed settlement discussions.
Stage 9: Mediation and Pretrial Resolution
Many Georgia courts require mediation before a case proceeds to trial.
Mediation is a structured negotiation led by a neutral third party. While not binding, it often results in settlement—saving time, expense, and uncertainty.
An experienced trial lawyer is especially valuable here, as insurers are far more likely to offer fair compensation when they know your attorney is prepared to go to court.
Stage 10: Trial (If the Case Does Not Settle)
If all settlement efforts fail, the case proceeds to trial.
At trial:
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Evidence is presented
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Witnesses testify
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Experts explain injuries and damages
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A judge or jury determines liability and compensation
Trials are the final stage and are not necessary in most cases, but preparation for trial strengthens every prior stage of the process.
Conclusion: Knowing the Process Protects Your Rights
Understanding the stages of a car accident case in Georgia helps remove uncertainty during a difficult time. From the moment of the crash through settlement or trial, every step matters—and early decisions can significantly affect the outcome.
At Kevin Patrick Law, we guide clients through each stage with clarity, strategy, and relentless advocacy. If you or a loved one has been injured in a Georgia car accident, having the right legal team can make all the difference.
Contact Kevin Patrick Law today for a free consultation and learn how we can help you navigate every stage of your car accident case with confidence.