Every year, hundreds of people across Georgia are injured in preventable accidents. According to the Georgia Department of Transportation, there were over 23,000 motor vehicle accidents in Cobb County alone in 2024, leaving 329 people with serious injuries. Other accident victims slip and fall, unknowingly use defective products, or have their lives changed forever by medical malpractice.
After being injured, you will likely have several types of expenses, including medical bills, lost wages, and various others. Depending on the law and other factors involved, you may need to file a claim with the at-fault person’s insurance company. Here are the steps you should take to get the personal injury claim process started.
Get Medical Treatment
Always get immediate medical treatment after an injury-causing accident. This establishes a base level for the severity of your injuries.
Your emergency medical treatment records will be used as the basis for your insurance claim. You should also continue seeing your doctor as recommended.
If your doctor refers you to a specialist, physical therapist, or other ongoing treatment, you need to attend that as well.
Contact an Attorney
Many people aren’t sure when to get a personal injury lawyer involved, but speaking with one early on can prevent costly mistakes and protect your right to compensation.
Before calling the other person’s insurance company, talk to a personal injury lawyer near you. The insurance company will want a statement from you, and they will use anything you say against you.
Your personal injury lawyer can help you develop a statement that protects you and adequately conveys precisely what happened in the accident and the nature and extent of your injuries.
Gather the Evidence
Collect as much information as possible about the incident that caused your injuries. That should include any available police report, photographs and videos taken at the scene, eyewitness statements, and anything else that helps prove exactly what happened.
You should also keep all your medical bills, employment records, property repair receipts, and anything else that proves your financial damages. Take photographs of any visible injuries. You will need evidence supporting your claim to determine precisely how much your case is worth.
You should keep a post-accident diary that tracks your healing process and how the injuries impact your life. You can also write down the names of medical treatment facilities and doctors you see. This journal can be used as a basis for non-economic damages like pain and suffering.
Contact Your Insurance Company
If you were involved in a car accident, you would also need to contact your own insurance company. Your attorney can usually handle this on your behalf.
Your insurance company may cover some of your financial damages while waiting for the at-fault driver’s insurance company to pay you what you deserve.
File an Insurance Claim
You can also let your personal injury attorney file a claim with the appropriate insurance company. This process is usually available online or via phone. Your attorney will also present your evidence regarding fault and damages to the insurance company.
Send a Demand Letter
A demand letter is a document to the at-fault person’s insurance company specifying how much you want for your damages. It is unlikely that the insurance company will accept your initial demand. They may respond with a lowball settlement offer.
You should never accept the insurance company’s initial offer or sign anything without talking to your attorney first.
Negotiate a Settlement
It will usually take some back and forth to secure fair personal injury compensation for the losses associated with your injuries. It will usually take some back and forth to secure fair compensation for the losses associated with your injuries. Nearly three-quarters of all personal injury claims are settled before trial.
The negotiation process is usually successful. However, if the insurance company refuses to make an acceptable settlement offer, you may have to file a lawsuit. This tells the insurance company that you mean business.
Georgia Personal Injury Lawsuits
If you have to file a lawsuit and eventually go to a personal injury trial, you should always work closely with an attorney who can guide you through the process and ensure you get what you deserve.
File a Complaint and Serve the Defendant
To initiate a personal injury lawsuit, you must draft a “Complaint.” Your Complaint describes your injuries and explains how the other person or company is at fault.
You (the injured person) are called the “Plaintiff.” The person who is at fault is called the “Defendant.”
Once you file the Complaint with the court, you must serve it on the Defendant. That usually requires physically delivering it to their home or serving them personally wherever they may be found.
In Georgia, lawsuits are generally filed where the Defendant “resides.” The determination of a Defendant’s residence varies depending on the type of Defendant. For example, there are very specific rules on where corporations and other entities are deemed to reside.
If there are multiple options for the venue, an experienced personal injury attorney can select the best venue to file the lawsuit.
The Defendant Files an Answer
In response to the claims you made in your Complaint, Defendant will file an Answer. The Answer will deny or admit the allegations you made about what happened during the accident.
The Discovery Process
Pre-trial discovery involves both parties sending information about the case to the other side. All evidence that the parties have must be disclosed. Even if evidence does not support their claim, they must send it to the other party.
Depositions are also held during the discovery process. Depositions are interviews with eyewitnesses and parties to find out exactly what happened. Depositions take place in an office in the presence of a court reporter, who creates a transcript of the testimony.
Deposition transcripts are often used in court to avoid calling all witnesses to the trial to testify. The transcripts can also be used to contradict (or impeach) a witness’s testimony.
Pre-Trial Motions
Your personal injury lawyer will likely file many pre-trial motions ahead of your final court date. These motions will attempt to exclude specific evidence or achieve a summary judgment in your favor. A summary judgment occurs when there are enough facts for one party to win on an issue without submitting it to a jury.
Going to Trial
If you do go to trial, you need an attorney by your side. The defendant and their insurance company will likely have a team of attorneys next to them. Most trials take several days to complete and involve statements from attorneys, the testimony of witnesses, and the introduction of evidence.
After the Trial
If you don’t get the result you want at trial, you may be able to appeal to a higher-level court. The appeals process can take months to several years. If you recover compensation, the jury will decide how much your case is worth, and the Defendant and their insurance company will be ordered to pay you.
Why You Should Work With a Georgia Personal Injury Lawyer
Working with a Georgia personal injury lawyer gives you the best chance of getting the compensation you need. When you hire legal representation, they take over critical tasks like verifying insurance coverage, gathering accident reports and medical records, securing photos of property damage, and negotiating with insurance adjusters. They are familiar with the tactics insurers use to delay or deny compensation and will push back accordingly.
When you hire a lawyer, you also get help estimating the full value of your injuries. That includes current losses as well as future treatment and lost wages. If the insurance company makes a low offer or denies your claim, your lawyer can counter them with strong evidence and negotiate for what you're owed. If a fair settlement isn’t possible, your lawyer can prepare your case for court. These are all steps that most claimants shouldn’t handle on their own, especially when their injuries are extensive and potentially life-changing.
Personal Injury Process FAQ
How Much Does It Cost to Hire a Personal Injury Attorney?
Most personal injury attorneys in Georgia work on a contingency fee basis, and The Champion Firm follows that general rule. You don’t pay anything up front, and you don’t have any out-of-pocket costs. Our fee is a percentage of the money we recover for you. If we don’t recover anything, you owe nothing.
For motor vehicle accident cases, our contingency fee is 33.3%. For premises liability and medical malpractice cases, the fee is 40%. These rates match the standard percentages used across the industry and follow guidelines set by the American Bar Association. We also advance all case-related expenses, including the cost of medical records, court filing fees, and travel expenses if needed. If we win your case, those expenses are repaid out of the recovery. If we don’t recover money for you, you won’t have to reimburse us for those costs either. Contact us to learn more.
How Long Does a Personal Injury Case Take?
After an accident, you might expect your personal injury case to wrap up quickly, but that rarely happens. The time it takes depends on how badly you were hurt, how long your medical treatment plan lasts, and how the insurance company responds during settlement negotiations.
If you try to settle too soon, you might end up with less than you need to cover your losses. On the other hand, if your injuries require long-term care or the insurer denies responsibility, your case may take longer to resolve.
That said, most personal injury cases in Georgia settle within six months to two years. If your case is clear-cut and you're no longer getting medical treatment, it may settle in a few months. But if the facts are in dispute, or if your injuries are still being treated, it could take a year or more to get fair compensation. If the insurance company refuses to make a fair offer, your lawyer might file a lawsuit, which can add time due to the court schedule and pre-trial steps. Your lawyer will keep you updated and help you decide when to settle or keep pushing forward.
Is There a Deadline to File a Personal Injury Lawsuit?
Yes, there’s a deadline to file a personal injury lawsuit in Georgia. In most cases, you have two years from the date of the injury to file a claim in court. This deadline is called the statute of limitations: if you miss it, the court will likely dismiss your case, and you won’t be able to recover monetary compensation, even if your claim would otherwise have succeeded.
Some exceptions can shorten or extend the two-year limit. For example, if your injury involved a government agency, you may need to file a notice of claim within six months to one year, depending on the agency involved. If the injured person is a minor or mentally incapacitated, the deadline may be extended until they’re legally able to file. Because these rules vary, it's important to speak with a Georgia personal injury lawyer soon after the accident to protect your rights.
Should You Talk to the At-Fault Party’s Insurance Company?
You should be very careful when speaking with the at-fault party’s insurance carrier. While the insurance adjuster may seem polite or helpful, their goal is to limit how much the company pays you. If you say something that downplays your injuries or implies you were partly at fault, they may use it to reduce or deny your claim.
You’re not required to give a recorded statement or answer detailed questions without legal advice. In many cases, it’s better to let your lawyer handle communication with the insurance company. That way, you can avoid saying anything that could hurt your case and protect your right to financial compensation.
Will You Automatically Have to Go to Court if You File a Lawsuit in Georgia?
A frequent question that I get from clients is, will they have to go to court if they file a lawsuit? The answer to that question is no. Most cases settle. Some settle before a lawsuit. Some settle after it. Some even settle after a trial. But the best way to put your case in the best position possible for settlement is to actually be willing to file a lawsuit and go to court.
If the insurance company and their lawyers know that, that your attorney is willing to fight for you, you’re going to get a much better result. We do file a lot of lawsuits at this law firm because we don’t take what their offer is, because a lot of times it’s not fair. In order to get the best possible result, we will file a suit, and sometimes we will have to go to court.
How Does the Georgia Court System Work?
Call The Champion Firm, Personal Injury Attorneys, P.C.
If you have been injured and aren’t sure what to do next, call The Champion Firm, Personal Injury Attorneys, P.C. Our legal team, located in Marietta, Georgia, will explain the personal injury claims process and help you decide if a lawsuit is necessary. Our focus will be on helping you recover and get your life back to normal.
Schedule your free, no-risk, no-obligation consultation at 404-596-8044 or complete our contact form. There’s no fee unless you win, so call us today.