Atlanta Car Accident Lawyers

Car Accident Lawyer in Atlanta, Georgia


Personal Injury Burn


Commercial Truck Accident


I 75 Trucking Accident
Car Accident Attorney, Bruce Millar

How Our Experience Can Help You

After a crash, safeguarding your family and financial future becomes paramount. Partner with an award-winning legal team dedicated to promptly clarifying your rights, guiding you on covering medical expenses, recouping lost wages, and securing just compensation for your pain and suffering.

Wondering about the value of your accident case? Reach out to us today. Our esteemed Atlanta car accident attorneys are ready to consult with you—whether over the phone, in person, or via email—completely free of charge. We’re poised to begin working on your claim immediately.

How An Atlanta Car Accident Attorney Can Help You  

Protect Your Financial Future 

With over fifty years of combined personal injury experience, our lawyers stand out in the legal arena. Many in our support staff bring more than twenty years of legal experience individually, a depth unmatched by most Georgia law firms.

In the aftermath of a car accident, a seasoned legal team is pivotal. We ensure that medical bills are managed, lost earnings—both past and anticipated—are retrieved, and future financial requirements are addressed.

Businessman showing off money.

Don’t Settle Your Injury Case Before Speaking to a Local Attorney 

Do Not Sign A Release or Settlement Agreement Too Quickly 

Car accidents in Atlanta rarely happen at opportune moments, and navigating the complexities with insurance adjusters can be daunting. Although adjusters might seem friendly at first, they often push for an early, lower settlement before the true scope of your injuries, medical expenses, lost wages, and damages fully emerges.

In the aftermath of a car accident in Atlanta, a knowledgeable attorney proves indispensable. They caution you against prematurely signing any settlement release until you fully grasp the extent of your present and future damages. This agreement, once inked, becomes a binding contract, potentially barring you from seeking further compensation later on.

If you hastily sign and later discover your injuries or losses exceed initial estimates, obtaining additional compensation becomes markedly tougher. An adept Atlanta car accident attorney ensures you comprehend the enduring consequences of your settlement, advocating for a compensation that genuinely mirrors the magnitude of your damages.

The First Settlement Offer is Rarely The Best Offer 

After a car accident in Atlanta, it’s vital to recognize that insurance companies often push for swift, cost-effective settlements. If an adjuster proposes a settlement while you’re still undergoing medical treatment, tread carefully. Jumping at initial offers or settling without fully grasping the scope of your injuries can shortchange you. The worth of your case hinges on factors like the gravity and duration of your injuries, available insurance coverage, and the expertise of your attorney. A seasoned Atlanta car accident lawyer is instrumental in this phase, advocating fiercely on your behalf. They ensure that the compensation you receive is commensurate with your damages, shielding you from settling for less than you merit.


Simply Hiring a Top-Rated Injury Lawyer Can Help Your Case 

While you can undoubtedly manage your car accident case without an Atlanta Car Accident Lawyer, it’s worth noting the potential financial benefits of having legal representation. Many hesitate at the idea of bearing the costs of a reputed attorney. Yet, insurance industry research indicates that victims who enlist the expertise of a car accident lawyer often secure higher settlements—even after legal fees—compared to what adjusters initially propose without attorney intervention.

But why is this the case? Even during settlement discussions, insurance adjusters and defense attorneys expect claims to be substantiated as though they’re being assessed in a Georgia courtroom. If an adjuster senses you lack legal representation, they might assume you’re ill-prepared to challenge the insurance company in court or to present comprehensive evidence of your medical expenses and other financial losses. Consequently, without an attorney, your settlement might be unduly delayed or substantially reduced.

Fast Action Brings Better Results 

Regardless of whether you engage an attorney, swift investigation, immediate claim notification, and timely medical care are pivotal in maximizing your compensation. At Millar Law Firm, our attorneys provide astute and actionable advice on your next steps. Contact us today, and we can even assist you in navigating challenges like securing medical treatment without health insurance.

Beware, delays can be weaponized by insurance adjusters. Even a brief lapse of a week or two in seeking treatment post-accident might lead adjusters to contend that you weren’t genuinely injured—despite evident injuries. To optimize your vehicle accident claim, it’s essential to get prompt treatment and thorough documentation of your injuries.

Our Investigative Process 

The cornerstone of any car accident case is determining and substantiating who was at fault. If you lack an accident report, our firm typically initiates your case by procuring the police report, 911 calls, and related recordings. We actively interview witnesses and police officers. Additionally, we meticulously review both your past and present medical bills and records, aiding in the comprehensive demonstration of your injuries.

Scrutinizing the accident scene is merely our starting point in establishing the case facts and potential negligence. Here’s a glimpse into our methodical approach to investigating motor vehicle accidents:

Georgia law mandates that you not only identify the at-fault party in a collision but also substantiate that all your injuries and wage losses directly resulted from the negligent driver’s actions. A competent car accident lawyer meticulously crafts and presents your case, ensuring all damages are rightfully acknowledged by insurance companies or defense attorneys.

skyline view of ATL
  • Capture clear photographs of the crash scene and all involved vehicles.
  • Engage with other drivers, passengers, and eyewitnesses for firsthand accounts.
  • Secure footage from traffic cameras, adjacent businesses, and police vehicles.
  • Collaborate with premier accident reconstruction specialists to solidify and validate your case.
  • Consult with your medical practitioners to meticulously document every injury.
  • Thoroughly identify and substantiate all related medical expenses and wage losses, both past and anticipated.

Proving your Injuries Using Medical Evidence 

In any case involving negligent or reckless driving, it’s crucial to demonstrate not just who was at fault but also the full scope of your injuries. This involves substantiating ambulance bills, hospital and emergency room expenses, ICU or surgical care costs, and any diagnostic tests like x-rays, MRIs, or CAT scans. Moreover, it’s essential to confirm that every medical procedure and test was both necessary and directly linked to the accident.

Presenting valid courtroom evidence of medical care typically relies on testimonies from healthcare professionals like doctors, nurses, EMTs, paramedics, physical therapists, or chiropractors. Relying solely on the victim’s testimony about the nature and extent of medical procedures is often insufficient. Judges usually permit only limited explanations from victims about why specific treatments were essential and directly tied to the collision. Additionally, it might be necessary to prove that any medical conditions weren’t pre-existing or were exacerbated by the accident. Defense teams and insurance companies often argue that individuals with prior minor ailments—like osteoarthritis, tendinitis, or other pain syndromes—are exaggerating their injuries post-accident.

However, with meticulous preparation and the right evidence, these defenses can be countered. Expert testimonies from specialists like orthopedists, primary care physicians, or surgeons can reinforce that your injuries were acute, directly resulting from the traumatic event, rather than from a prior condition.

view of ATL

Settlement Negotiation: Getting the Most Out of Your Case

After reaching a recovery peak from your injuries, the subsequent phase typically involves negotiating a settlement with the insurance company. Often, these companies aim to minimize payouts, resorting to justifications such as downplaying the severity of your injuries or suggesting they were pre-existing.

In Georgia, the most effective strategy for securing a just settlement is to present a comprehensive demand package. This not only documents everything thoroughly but also sends a clear message to the insurance company: you’re prepared to best them in court if need be.

Our firm prepares demand packages that include:

In the Atlanta region, insurance companies typically extend a genuinely fair settlement offer only when they believe, based on the evidence presented, that you stand a strong chance of winning in court.

The good news? Demonstrating this caliber of proof through a meticulously documented demand often leads to settlements. Yet, if negotiations stall, it’s essential to have the robust evidence required to successfully challenge them in court. At The Millar Law Firm, our meticulous preparation and presentation are key to our consistent record of impressive results, whether in courtroom battles or at the negotiation table.

Other Ways The Millar Law Firm Can Help 

Insurance policy

Uninsured and Underinsured Drivers (UIM Claims)

With Atlanta’s rapid expansion, a concerning number of drivers in and around the city lack auto insurance. If you’re unfortunate enough to be injured by one of these uninsured motorists, you might find yourself in a tough spot—unless you, or sometimes your employer, have opted for UIM coverage. Insurance companies might not always be forthright about the availability of this coverage. Often, claims agents hope you remain unaware of UIM’s existence. However, in every case we tackle, we diligently check for UIM. You might just discover you have more coverage than you thought.

Challenging the ‘Canceled’ Policy or Excluded Driver

In Atlanta, it’s not uncommon for insurance companies to refuse claim payments, alleging that the at-fault driver’s policy was conveniently “canceled” just before the accident or that the driver was excluded from the policy. Some of these refusals can be misleading—for instance, when a policy wasn’t legitimately canceled, or when the vehicle had been lent to a “permissive driver” who is actually covered by the policy.

Doctors who won’t see you because your injury is from a car accident. 

It’s surprising for many to learn that in Georgia, some primary care doctors and medical clinics decline to treat injuries stemming from car accidents. This issue arises frequently in and around Atlanta. Additionally, certain medical providers might reject your insurance due to the nature of the injury. If you find yourself in such a predicament, reach out to us. We have effective strategies to navigate this challenge.

Brain injury clinic
ducks on the lake

Keep more of your car accident settlement. 

Your medical expenses were likely covered by a health insurance provider or workers’ compensation. Often, health insurance companies will stake a claim on a portion of your settlement, asserting their right to subrogation or reimbursement. However, not all healthcare plans require repayment.

Understanding which plans can enforce a lien on your settlement is crucial in retaining the maximum amount of your compensation. For instance, plans under Georgia’s “made whole doctrine” might not have the right to any of your settlement funds. Similarly, workers’ compensation liens might not always be enforceable against your settlement. Yet, it would be unwise to rely on insurance companies to inform you about the validity of their lien. To combat unjust subrogation claims, you’ll need a formidable legal team on your side.

Types of Car Accident Cases We Handle 

Since 1993, the Firm has expertly represented your neighbors in Atlanta and across the State of Georgia on cases that include: 

Cases We Handle (Continued)

Interstate Highway Crashes 

Interstate Highway Crashes present unique challenges. Given the high speeds, large vehicles, and frequent episodes of reckless driving, these accidents often stem from long-haul drivers crossing Georgia en route to destinations like Florida, Alabama, Tennessee, and South Carolina. Fatigue, distraction from phones and other electronics, and even falling asleep at the wheel can contribute to these crashes. When accidents occur on Georgia’s interstates, they’re usually severe, leading to above-average injuries and fatalities.

However, there’s a silver lining: the dense traffic often yields eyewitnesses. One vital step after a highway accident is to retrieve the 911 call logs and recordings. Even if witnesses don’t stop at the scene, they might relay what they observed to the dispatcher. This information can prove invaluable for identifying and later interviewing those witnesses.

A main highway in Atlanta

City Street and Roadway Crashes 

Accidents on city streets and roadways constitute the bulk of car collisions in the Atlanta region. Distractions, such as texting or eating behind the wheel, frequently cause these mishaps. While many intersections boast traffic cameras, it’s surprising how few are actively recording. Nonetheless, it’s wise to seek out any potential footage from local authorities — you might just strike gold. Additionally, securing a copy of the police report, officer body camera recordings, and 911 records promptly after the incident is crucial.

Intersection, stop sign, and traffic light collisions 

Collisions at intersections, stop signs, and traffic lights can become contentious, with many at-fault drivers shifting blame or asserting they had the right of way with a green light. Yet, thorough investigations can frequently reveal instances where drivers failed to heed a stop sign or traffic light. Evidence can be gathered by reviewing the traffic light’s programmed sequences from local or Atlanta transportation departments or extracting electronic data from the vehicles involved. Furthermore, if police officers issue citations and the cited driver remits payment, it essentially translates to a guilty plea, bolstering your case.

Totaled Vehicles Air Bags

Wrecks involving totaled vehicles 

Accidents resulting in totaled vehicles can signify that the vehicle was completely destroyed or, in cases of older or custom vehicles, it might be more cost-effective for the insurance company to replace rather than repair it. If your vehicle is deemed a total loss, ensure you capture photographs. The insurance company is likely to compensate you for the damage and subsequently repurpose the vehicle, selling it for parts, scrap, or even having it crushed.

Rear-end collisions 

Rear-end collisions commonly result in back and neck injuries. However, they can also lead to concussions, severe traumatic brain injuries, and damage to wrists, ankles, feet, and toes. Many individuals feel relatively unscathed immediately after a rear-end impact, leading them to decline immediate medical care. If you find yourself in this situation and your condition worsens hours or even days after the incident, it’s crucial to seek medical attention. Delaying this care often gives insurance adjusters an avenue to argue that you weren’t genuinely injured. While such defenses can be countered, be prepared for a rigorous negotiation with the adjuster.

Hit-and-run cases 

Hit-and-run incidents are unfortunately common in the Atlanta area. It’s not rare for a driver to flee a scene, only to later claim they weren’t behind the wheel or that their vehicle had been “stolen” prior to the accident. However, deceitful drivers can often be exposed by reviewing police and 911 records. Such records can reveal inconsistencies, like the vehicle not being reported as stolen or the alleged theft being reported after the crash took place. Drivers who leave the scene can be held liable and may even face punitive damages. If the fleeing driver remains unidentified, your uninsured motorist coverage could cover your losses.

Head-on crashes 

Head-on collisions often stem from severe distractions, impaired driving, reckless behavior, or a loss of vehicle control. It’s not uncommon for a driver, if they survive such a crash, to attribute it to unforeseen events, challenging road conditions, or even an “act of God.” To counter these claims, one can reconstruct the accident scene, extract data from the vehicle’s black box, verify weather conditions at the time, and delve into the alleged at-fault driver’s medical records. This thorough investigation can determine if there was a genuine medical emergency or if the driver is merely fabricating an excuse.

x-rays of the spine

Fatal or Paralyzing crashes 

Cases involving wrongful death or paralysis demand representation from law firms with the right blend of experience, financial backing, and connections to medical and economic specialists. Such resources are pivotal to securing victory and maximizing compensation. In Georgia, even if the driver responsible has passed away, legal action can still be initiated against their estate.

In Georgia, claims related to negligent fatalities or paralysis, whether it’s paraplegia or quadriplegia, require both establishing fault and calculating future values, either for the life tragically cut short or for upcoming medical and life-care expenses. Engaging specialized expert witnesses—like life-care planners, vocational specialists, and economists—is often essential. When the situation demands, our firm is prepared to invest significantly in these experts to ensure our clients receive the best possible outcome.

Side-impact and side-swipe incidents 

Side-impact and side-swipe collisions can vary in severity, from minor nudges to extreme scenarios where one vehicle latches onto another, dragging the car or small truck—and its occupants—for a distance, leading to significant injuries. These accidents might stem from untrained or novice drivers, or simply a momentary lapse in judgment. Disturbingly, some of these incidents are the result of aggressive drivers, who, when found liable, can face punitive damages for their actions.

Blurred photo from inside a car at night

Injuries caused by DUI/drunk drivers 

Injuries inflicted by DUI/drunk drivers often lead to devastating harm for the victims, while the intoxicated driver might emerge with mere scratches or completely unharmed. In such instances, evidence collected by the police can bolster your civil case against the inebriated driver. Verdicts and settlements involving drunk driving typically command much higher values compared to other accidents, reflecting the egregious and reprehensible nature of driving under the influence.

Distracted driving 

Distracted driving encompasses more than just cell phone use, which contravenes Georgia’s hands-free laws. It extends to other electronic devices like GPS systems or video players. But the distractions aren’t limited to gadgets. Eating on the go, managing unruly children in the back seat, fiddling with the radio or an iPod, boisterous conversations among teenagers, or even a pet perched on the driver’s lap can all divert attention from the road. Such lapses in focus, no matter how brief, can lead to perilous and sometimes outlandish behaviors on the road.

Distracted Driver

Speeding and reckless drivers 

Drivers who speed or act recklessly often point fingers at road conditions, such as construction, potholes, or wandering animals, as the culprits for their sudden loss of control. Some might even wrongfully accuse you of causing the accident by pulling out abruptly in front of them, when in reality, they were the ones breaching speed limits. In such scenarios, employing accident reconstruction techniques or securing eyewitness testimonies can tip the scales in your favor, highlighting the true negligence of the speeding driver.

T-bone collisions 

T-bone collisions often result in severe injuries. In such crashes, victims are vulnerably positioned with just the thin barrier of a car door separating them from the brunt force of the incoming vehicle. These impacts typically leave one or both vehicles in ruins. It’s crucial to assess the crash-worthiness of the involved vehicles. Additionally, for passengers in a car that collides head-on, the proper deployment of airbags becomes a critical point of investigation.

Multiple-car incidents 

Multi-car pile-ups, whether they occur on high-speed highways or as a chain reaction in heavy, stop-and-go traffic, present intricate scenarios. Such incidents can be triggered when traffic abruptly decelerates on bustling roads. Pinpointing the culpable party in these complex events can be challenging. However, by meticulously evaluating the number of impacts each driver experienced and scrutinizing the positioning and damage of each vehicle, one can piece together a clearer understanding of the events that transpired.

Single-vehicle accidents 

Single-vehicle accidents can often be traced back to automotive product defects, like tire blow-outs or unexpected mechanical failures. When these unfortunate events unfold, it’s essential to have an expert meticulously examine both the vehicle and the roadway, determining the precise cause of the mishap.

The front of a minivan is banged up
A young male driver is shouting and throwing his hands up, showing his inpatience with the driver in front of him

Road Rage 

Road rage and aggressive driving incidents are on the rise, not just in the Atlanta area but throughout Georgia. Our seasoned attorneys have successfully managed numerous cases stemming from such vehicular confrontations. Beyond the standard compensatory and economic damages typically seen in injury cases, these incidents can also warrant punitive damages as a testament to the severe recklessness involved.

Phantom vehicle crashes 

Incidents involving “phantom vehicles,” whether they result in actual contact or not, can be addressed under Georgia’s uninsured motorist policies. However, to make a claim, you’ll either need tangible proof of contact with another vehicle or an eyewitness who can attest to the fact that you were forced off the road by this elusive driver.

Contributory and Comparative Negligence

While there are instances where the victim might share some responsibility for an accident, they could still qualify for compensation. According to Georgia’s principles of contributory and comparative negligence, a driver can still pursue financial damages even if they were partially at fault, provided their contribution to the accident was less than 50%.

fire trucks at a car accident scene

Other Automobile Related Practice Areas  

Automobile Products Liability 

Most automobile products liability injury cases begin with a horrific crash. Our law firm works on or with other law offices on automobile crash cases that have resulted from defective vehicles and parts. Some of the issues arise from manufacturing defects, and others from design or repair issues and problems. We have handled cases or worked with other lawyers on cases from all of the major manufacturers, including Honda-Acura, Ford, General Motors, Toyota, Nissan, Chrysler-Jeep and others. 

When a person is more seriously injured than expected in an accident, or is seriously injured or killed in a single-car accident, it can be prudent to investigate the vehicle for potential defects or crash worthiness issues. A few areas to be examined include; seat-belt defects, airbag issues and failures, such as failures to deploy or unwanted deployment, tire tread separations and blow-outs, seat-back failures, and brake failures, among other things. 

Our firm has also encountered several instances where the failure of a repair shop to safely replace or repair components, like, such as a steering rack or transmission. Or where a used car was sold with dangerously worn or bald tires, causing a severe crash or injury. Knowingly selling a used car that has defective equipment or brakes may also result in a legal claim. 

car production line at a car manufacturing plant

Car Accident Injuries We Handle

Types of Car Accident Injuries The Millar Law Firm Handles and How We Prove Them: 

Car accidents can cause a wide variety of injuries. At The Millar Law Firm, we can and do handle any injury that is proven to have been caused (known as “proximate cause”) by a crash. Insurance companies are known to put up a fight to avoid paying maximum compensation, but we’re here to help. 

One of the most common injuries we handle are whiplash or neck injury claims. This type of injury is often caused by rear-end crashes but can happen in any traumatic collision.  
Insurance adjusters often try to claim these injuries are a minor inconvenience. They might also insinuate the injury was pre-existing, is being exaggerated, or doesn’t exist at all. Do not be fooled. Neck injuries need to be taken seriously and can often include damage to discs or ligaments. See a doctor right away if you are having severe neck pain after a collision. Back and neck injuries can cause discomfort, numbness, stiffness, soreness and disability ranging from a few weeks to a lifetime. 

Another common injury caused by car accidents is damage to the upper, mid, or low back. Insurance adjusters often fight these cases by claiming the  was already present before the wreck. If you are having back pain after a car accident, don’t wait to see a doctor or hospital. Get treatment right away  to document that this is a new injury. It is not uncommon for back injuries to be severe and high-value cases due to the acute and chronic pain these injuries cause. 

Severe automobile or motorcycle collisions or pedestrian or bicyclist strikes can result in crushed limbs. Unfortunately, serious cases can often result in a limb amputation. Oftentimes, the at-fault person or company tries to avoid blame.  We have seen every ridiculous excuse in the book, including that a pedestrian failed to dive out of the way of a careless driver or that a motorcyclist who was stopped at a traffic light was speeding. 
Amputation cases are often large, high-value, catastrophic claims. These cases often require overcoming the defendant’s reluctance to accept responsibility and pay damages.  
Testimony of surgeons who removed the arm or leg is necessary to prove why the limb could not be saved.  Other experts may have to testify regarding the type and cost of a prosthetic and ongoing costs for maintenance and replacement.  Most artificial arms and legs require replacement every three to six years, depending on the quality and how it is used.

 Most often be proven by expert medical testimony. Insurance companies love to claim that traumatic injuries such as meniscus tears, bursitis, tendon and ligament ruptures to the ACL, PCL, LCL or MCL were caused by an old injury and are not related to a collision.  The testimony of your treating orthopedic and primary care doctors can be used to show that the injury did not exist before the wreck, and that it is related to the accident. 

Internal injuries can often cause long term damage to your body, meaning a more serious and larger civil case. Cases involving damage to your pancreas, liver, spleen, bladder, intestines, or internal bleeding are often high-value, and more complex, claims leading to larger settlements or awards. 

Although not considered “serious” by insurance adjusters, soft tissue injuries can be very painful and may be an indication of more serious injury. Symptoms such as bruising, contusions, swelling, and lumps should be examined by a doctor.  Those visible signs of injury could be an indication of a fracture or crush injury or a herniated disk.  Additionally, take pictures of any blackened or bruised areas.  Seat belt bruises are common in more severe collisions.  Failing to take photographs of your bruises and injuries means permanent loss of this important evidence.  It can be extremely difficult to “explain” a bruise or contusion to an insurance adjuster or a Jury without good photos. 

Explaining spinal cord injuries involving paralysis to a judge and jury are essential trial lawyer skills. Our office has handled many cases for paraplegic and quadriplegic clients.  Our approach is to work with doctors and life-care planners to determine the impacts the injury will have on the victim’s life. Future medical expenses and income losses that are a result of the injury will also be considered.  Unfortunately, a paralysis victim may require a lifetime of future medical care, sometimes costing millions of dollars.  While many people heroically return to work in some capacity, others do not.  For those who do return to work, it may be in a reduced capacity, which could mean less money will be earned. 
Our office coordinates with treating physicians, life-care planning professionals, and economic and vocational experts to estimate the future needs of spinal cord clients.  Atlanta has some of the country’s finest physicians. We have worked with doctors at the Shepard Center and Emory University to assess the condition and needs of clients.

Even cases where there is no question who caused the crash, when a person is fatally injured and passes away, the loss to the survivors is enormous. Family members may be entitled to recover damages for the full value of the life of the deceased.  We have recovered millions of dollars for the surviving family members of  victims.

Head and brain injuries can occur in both high- and low-speed car accidents. Any headaches, dizziness, or memory or personality changes that occur after a crash should be evaluated by a doctor as soon as possible. Traumatic brain injury (TBI) can be proven by clinical observation and/or by diagnostic studies. Evidence can include MRIs and testimony of specialists, clinicians, and neurologists. 
There is no such thing as a “minor” or “mild” brain injury. Even a concussion or being in a short coma can lead to serious long term cognitive impairment.  If you experience loss of sight, hearing, or smell, or feel confusion or difficulty completing every day tasks, it could be a sign of neurological damage. You should see a doctor right away.

Facial bruising or a black eye can be a symptom of a broken jaw, fractured orbital bone, or other facial damage. Airbags and steering wheel impacts are known to cause such injuries, even if you are wearing seat belt.  However, you can expect that the insurance adjuster might claim that your injury came from not wearing a seat belt. You can prove that you were, in fact, wearing your seat belt using electronic data recorded by your car. 

Car crash cases in which bones are fractured, broken, or shattered can be high-value claims. If you require surgery for implants, like pins, plates, or rods, or to reconstruct a joint, this is a permanent injury that is likely to cause future pain and limitations.  Even being in a cast or splint is a major inconvenience on your lifestyle for which you deserve full compensation. 
Other fractures may be less dramatic or more difficult to detect, such as stress fractures or compression fractures. Be sure to describe any unusual or painful symptoms to your doctor.  Ongoing, unexplained pain in a limb, joint, or spine can be a sign of a stress or burst fracture that may need medical attention. 

A broken or cracked sternum or rib can be both extremely painful and frustrating. Often a blow to the chest can result in a collapsed lung, bruised or torn cartilage or painful fracture for which there is little direct medical care.  To make matters worse, the medical bills may be small compared to other injuries that are less painful.  You may hear an insurance adjuster or agent tell you the bills just aren’t “that high.”  A good car accident lawyer knows from experience that a chest injury makes it extremely painful to breath, cough, sneeze or laugh.  Do not accept excuses from at-fault drivers and their insurance carriers.  Testimony from medical professionals should be used to prove just how painful and debilitating a chest injury can be. 

Our firm can handle any injury suffered in a car accident, crush injuries such as broken bones, road rash, burns, lacerations, shoulder injuries, and more. We work carefully with your doctors and accident.

Damages and Compensation Available in a Georgia Car Accident 

Your Damages: How Maximum Compensation Can Be Recovered 

Georgia law allows you to recover the damages you are legally entitled to after a car accident. This means you may be paid your current, past, and future medical bills and other legal damages, such as pain and suffering. You may be entitled to be reimbursed your out of pocket expenses as well as your medical bills, even if health insurance paid for your medical care, subject to certain subrogation requirements. 

Most cases can be resolve and damages can be recovered through settlement. If, however, settlement is not possible, all of your damages are available through legal action.

Maximum compensation can be achieved by gathering all of your medical and economic evidence and first presenting it to an insurance adjuster in a settlement demand. If the case cannot be resolved through settlement negotiation with the insurance company, you may decide that a lawsuit should be filed. 

How much compensation you are entitled to most likely depends on the amount of your past and future medical bills and how long you suffered or will continue to suffer from your injury. Cases involving permanent injury or where an impairment rating rating has been given by a doctor will generally have a higher projected value than other matters where there is a complete recovery.  If you believe you are permanently injured, an AMA disability rating may be needed in order to receive the highest level of compensation. 

No Risk: We require no money up-front and we are not paid a legal fee unless you win money. 

Legal recoverable damages in an automobile-related injury cases: 

The amount of payment for non-economic losses are usually negotiated with the auto insurance company’s adjuster or lawyer, or decided by a jury at trial. In a serious auto wreck, under Georgia law, victims are entitled to be paid for pain and suffering and enduring injury resulting in either temporary pain or permanent impairment and disability.  These damages are intended as payment for short-term or long-term loss of enjoyment of life. 

Medical records and expert doctor, nurse, chiropractor or therapist testimony is most often used to prove the extent and lasting effect of the injuries. Exhibits can be used as well, to show the injuries or medical treatment received. 

Lay-witnesses, such as family members, friends, sports coaches or club members can be called-on to tell their personal experiences and explain how you were and are different before and after the crash. Loss of companionship of a spouse, known in Georgia as a “loss of consortium,” are another item of damages that may also be available and is usually proven through the testimony of a wife or husband and other family members. 

Proving Your Non-Economic, General Accident Damages In An Auto Wreck Case 

The amount of payment for non-economic losses are usually negotiated with the auto insurance company’s adjuster or lawyer, or decided by a jury at trial. In a serious auto wreck, under Georgia law, victims are entitled to be paid for pain and suffering and enduring injury resulting in either temporary pain or permanent impairment and disability.  These damages are intended as payment for short-term or long-term loss of enjoyment of life. 

Medical records and expert doctor, nurse, chiropractor or therapist testimony is most often used to prove the extent and lasting effect of the injuries. Exhibits can be used as well, to show the injuries or medical treatment received. 

Lay-witnesses, such as family members, friends, sports coaches or club members can be called-on to tell their personal experiences and explain how you were and are different before and after the crash. Loss of companionship of a spouse, known in Georgia as a “loss of consortium,” are another item of damages that may also be available and is usually proven through the testimony of a wife or husband and other family members. 

Recovering Your “Special” or Economic Damages After a Vehicle Accident 

Economic losses, bills, or special damages, can often be calculated by the you or a car accident lawyer totaling up the money lost as a result of the incident. This includes totaling the amount of money you lost from being unable to work after a wreck. In more complicated cases future financial losses can be calculated by an expert witness, such as a doctor or an economist. 

In cases involving damage to a car, pick-up, SUV, bike or other autos, the special damages usually include the property damage or loss such as the vehicle repair cost or fair-market replacement value. You can obtain the necessary records from body-shops, appraisers, and sometimes directly from your own or the at-fault driver’s insurance company. 

Special damages after an accident may also cover lost work income and earnings, loss of future earnings, compensation in the amount of your current and future medical expenses such as surgery, injections or therapy you may eventually need. 

Members of the Level Up Cycling Club

How to Recover Punitive Damages in a Georgia Road-Wreck Case 

Punitive damages are not automatic in Georgia car accident claims, and usually require evidence rising to at least the level of gross negligence. These damages can be awarded or recovered in a negotiated settlement when the defendant driver has acted in an outrageous way, such as driving while intoxicated on drugs or alcohol or has been driving recklessly.  Punitive damages can also be given in Georgia for hit-and-run,  intentionally causing an accident, or leaving the scene. 

You will have the responsibility or burden of proving that the driver acted in a malicious, violent, oppressive, wanton or willfully indifferent manner. However, this behavior may be presumed in some cases when a driver makes a grossly negligent decision, like deciding to drive drunk or recklessly, or using his or her car as a weapon.  The police report, eye witness testimony, and officer and patrol car video may be excellent sources of evidence to be used to prove a punitive case. The at-fault driver’s criminal or driving history showing that he or she is a repeat offender with more than one prior DUI convictions can also be used to support an award of punitive damages to punish or deter them from future intoxicated driving. 

Understanding the Fundamentals of Car Accident Court Cases 

Most cases that are well-prepared and well-documented, and where prompt and necessary medical care was received, can be settled without a lawsuit or civil action or other legal proceedings. Cases involving complicated medical conditions or disputed facts may have to be filed in court. This is true also when the insurance adjuster is being especially stubborn and makes a low-ball settlement offer. 
In these cases, our attorneys will discuss your legal options with you and prepare you for what’s next. Even after a suit is filed, very few “court cases” actually make it to trial. With the right preparation and aggressive litigation, it is very possible your suit will settle after the insurance company reconsiders and makes a larger offer. 
Should your case be called for trial, you can rest assured The Millar Law Firm will be ready. We have tried over 100 cases to verdict, and you are invited to review our case results here. Some of our best cases have been referred to us by judges who have seen our work in their courtrooms! 

In a nutshell, before going to Trial, the attorneys will meet with the Judge and have hearings to decide what issues will be tried and what evidence will be admissible or allowed. A Jury is usually selected through the process known as Voir Dire.  Then the car accident trial itself takes place, with the Jury making an award of damages following closing arguments.  The typical car wreck trial can be as short as one-day, or can last from several days to more than one week. 
Jurors often wonder or worry about who will pay their Verdict. Car crash trials are almost always defended by insurance defense lawyers and the judgments and verdicts paid by insurance.  This is true even if you do not hear the word “insurance” spoken at trial.  Georgia’s Rules of Evidence do not usually allow the parties to talk about insurance, even though insurance is paying the judgment in the vast majority of cases. 
Our office never accepts or takes frivolous automobile injury claims to trial. This would be an insult to the intelligence of most Jurors and a waste of everyone’s time. We strongly believe that there are already too many lawsuits, and that only the best and most-worthy cases should be pursued. 

Some people experience immediate pain at the scene of an accident and seek treatment right away; especially in severe car accidents. However, others may feel “fine” for a few hours or delay in seeking medical care because of a fear of doctors and/or hospitals; an inability to pay for medical care; or no health insurance. 
Unfortunately, some at-fault driver’s insurance company and their lawyers may try argue that you were not badly hurt if you did not go to the emergency room or immediately seek medical care. This is a common defense strategy. 
We believe that unless you delay for a very long time (more than a few days), a short delay in seeking medical care can be overcome. We believe that most Jurors understand that it is not uncommon for accident victims to say they are “fine” at the scene of the accident (no one likes a complainer), only to feel much worse hours or days later. 
Additionally, keeping off social media or being careful about what you post immediately after a car accident can be a good idea.  You must resist the urge to tell your mother you are “fine” on Facebook.  Your reassurance to mother when you are really and truly in pain could be used against you later in your injury case. 

We recommend that you do not settle your car accident injury claim until you are done with your medical care, or until your future medical condition and needs are known. Thus, many car accident cases will settle two or three months after your medical care ends. If a lawsuit is necessary-either because the facts of your case are in dispute or the insurance company is refusing to make a fair settlement offer-civil suits in the Atlanta area usually take between one and two years after filing before they are called for trial.  Settlements reached in a car accident injury case are normally paid within weeks or months after a release is signed, but can also be paid over time in a settlement structure. 

In Georgia, mediation or ADR — Alternative Dispute Resolution — is a settlement conference in which both sides get together and attempt to negotiate a settlement of a legal case. In an injury case, this means the injury victim or Plaintiff and your attorney on one side, and the defense lawyer and representatives of the insurance company on the other.  A neutral party, or mediator listens to the positions of both sides and helps them negotiate, usually by shuttling back and forth to discuss the strengths and weaknesses of the case and to negotiate by exchanging settlement offers and counter-offers.  Mediation can be voluntary by agreement of the parties, or court ordered.

The Monetary Value of an Atlanta Car Accident – Financial Recovery

rear-end accident involving two cars

Determining How Much Your Atlanta Car Accident Case Is Worth 

Assessing the value of your claim requires full knowledge and investigation of the facts, the law, and your medical condition. A good starting point is totaling the amount of your medical bills, property damage, lost pay, and taking stock of the seriousness and permanency of your injuries.  Georgia law allows an accident victim to be compensated for economic losses, meaning your past and future expenses caused by the wreck, as well as your current and future losses and pain.  Cases where you recover completely within a matter weeks or months may not have a value as high as other instances where you have a permanent injury. 

An experienced car accident attorney can often estimate the value of an injury case  at the beginning, such as during the free consultation. But this is not exact.  as it is not always possible to give you an exact figure right away until more is known about the extent of your recovery, the amount of insurance, and the driving history of the at fault driver.  However, it is likely that one of our attorneys can give you some idea of case value and whether it is necessary to hire a car accident lawyer. Our legal team takes pride in only taking cases that will result in a good experience and outcome for you, the injured client. 

Georgia Punitive Damages Caps 

Georgia has a $250,000.00 damages cap for awards of punitive damages in personal injury cases. This cap, however, does not apply to drunk driving cases. There are no caps for general and special damages (meaning for your pain and suffering and proven economic losses).

Money doesn’t mean happiness will be restored after a car or truck crash, but it certainly helps you get back on your feet. We help with that and keep you informed and involved every step of the way toward your recovery. Some of our clients have received quite a lot of money at the end of their case, which has gone a long way toward relieving some of their burden and worry. 

If another driver is proven to be at-fault for causing an accident in which you are injured, you are usually entitled to recover damages. You may be entitled to special, general, and/or in some instances, punitive damages. Special damages usually mean your financial harms, such as medical bills, final expenses (funeral), and pay – future and past. 


General damages are mental and physical in nature and may include . 

Punitive or exemplary damages are possible in certain cases such as reckless driving, racing, or intoxicated (drunk or drugged) driving incidents. Such damages are, under Georgia’s public policy, meant as a punishment or to deter others, including the defendant, from doing the same thing again. 

If you live in the Atlanta area and your car is totaled in a car accident , you are entitled to recover the fair market value of the car in the local geographic area, known as its replacement cost in its current condition. This, unfortunately, does not mean what you paid for it, or what you owe on the Car, pick-up or SUV.  It also means that you must look to the value of the car in or near Atlanta, as compared to another market where the price of cars is generally higher.  Further, the value of the car will be affected, up or down, based on the mileage or number of miles, the overall condition, and the options on the car. 

You may be entitled to have the at-fault drivers insurance company pay you for your repairs or total loss, or you may go through your own insurance company and pay a deductible. If you did not cause the accident, your insurance company will usually attempt to recover your deductible back from the at-fault insurance carrier and refund the deductible to you.  In Georgia, this process can take anywhere from a few weeks to a few months. 

Building a Strong Car Accident Case 

Even though the facts may seem obvious, the injured victim or Plaintiff has the burden of proving everything in his or her case. This means that when you have been hurt and are bringing a claim against an at-fault driver you must prove every part of your case, including who negligently caused the accident and that your medical care and all of your bills and expenses were made necessary by, meaning approximately caused by, the crash. 

Physical evidence that can be used to prove a car accident case can include photographs, drone recordings, witness testimony and interviews, the police report, video recordings from the vehicles or surrounding businesses, measurements of the scene and skid marks, cell phone recordings and photos, vehicle inspection records, electronic data downloads from the ECM, manufacturers data, 911 operator recordings, EMS and first responder statements and records, police camera recordings from the body camera and patrol car, and cell phone records. 

First, physical evidence, damage to the vehicles, and the scene should be photographed  as soon as possible. Injures are also “evidence,” and you should take many pictures of your injury when it is fresh and as you heal and recover.  For evidence that is not in your control, such as surveillance video, auto maintenance records and electronic data, etc. a preservation of evidence letter can, in many instances, be sent.  If a defendant receives a request to preserve evidence and later destroys it, knowing that you may be making a claim, the person or company could be sanctioned or punished for “spoliation of evidence.” 
If you are worried about preservation or spoliation of evidence by the at-fault driver or company, or by anyone else, consulting with an experienced personal injury attorney is usually a great idea.

Insurance Related Car Accident Questions 

The legal term “liability” simply means fault. As in, who was at-fault and caused the car accident.  Liability insurance for a car or other auto is the insurance that covers the driver or owner of the vehicle when a claim is made.  Auto accident claims are defended and paid by liability insurance. 

Georgia requires every driver to have insurance coverage of at least $25,000.00 per person and $50,000.00 per accident to cover ‘at-fault’ bodily injury and property damage. Georgia law requires an insurance company to have an insured sign a waiver declining uninsured or underinsured  (UIM) coverage or when purchasing lower UIM than bodily injury limits, or you are automatically covered to at least the liability insurance limit. 

In Georgia, insurance companies are not legally allowed to increase your insurance premium or rate if the accident was not your fault. This holds true even if you used your under insured or uninsured motorist benefits. 

This is unfortunately common in Georgia. By law you have the right to pursue recovery directly from that at-fault driver. This means demanding payment or filing suit against the owner and/or driver of the uninsured car or truck for your medical bills, lost pay (past and future), mental and physical pain, and possibly for exemplary damages. 

However, if the at-fault driver had no insurance, the chance of collecting your damages may be small. Therefore, if you have purchased UIM coverage, you may also make a claim with your own automobile insurance policy for your UIM or uninsured motorist benefits. 

A UM (uninsured or underinsured motorist) policy allows you to recover your damages when the at-fault driver has no liability insurance or has insurance limits that are not large enough to cover your losses. It is advisable to have your car insurance policy reviewed by a Georgia car accident attorney to determine if you have UM coverage and in what amount. 

This is unfortunately common in Georgia. By law you have the right to pursue recovery directly from that at-fault driver. This means demanding payment or filing suit against the owner and/or driver of the uninsured car or truck for your medical bills, lost pay (past and future), mental and physical pain, and possibly for exemplary damages. 

However, if the at-fault driver had no insurance, the chance of collecting your damages may be small. Therefore, if you have purchased UIM coverage, you may also make a claim with your own automobile insurance policy for your UIM or uninsured motorist benefits. 

A UM (uninsured or underinsured motorist) policy allows you to recover your damages when the at-fault driver has no liability insurance or has insurance limits that are not large enough to cover your losses. It is advisable to have your car insurance policy reviewed by a Georgia car accident attorney to determine if you have UM coverage and in what amount.

Georgia Car Accident Lawsuit Laws and Regulations 

Georgia is an “At Fault” State for Motor Vehicle Claims 
The State of Georgia is what is known as an at-fault state, meaning that the driver who caused the accident and injuries is to pay for all damages caused, such as your injuries, lost pay, and the damage to your car. 

What is the Personal Injury Statute of Limitations in Georgia?

For most car accident injury claims, Georgia has a two-year statute of limitations, meaning that if your case is not settled within two years, you must file a lawsuit before the two-year anniversary of your injury to preserve your right to recover money. There are some exceptions to this rule, so be sure to do some additional research or call a personal injury lawyer if you are near or beyond the two-year limitation period and no lawsuit has been filed. 

Can I Request or Subpoena Another Driver’s Cell Phone or Records?

Usually the power to require another driver to produce their cell phone records only exists after a lawsuit or legal proceeding has been filed in court. If you absolutely need the other driver’s cell phone records or electronic data right away, filing suit immediately after the wreck may be your best option.  Another “best practice,” is to send a request to the at-fault driver or their representative or insurance company demanding that the phone and records be preserved in the event of future litigation.  A party’s failure to preserve evidence when a claim or possible lawsuit is known about can, in some cases, result in civil penalties. 

How are Subpoenas Used in Civil Car Accident Cases?

In a Georgia car accident claim, subpoenas are available after suit has been filed. There are two general types of subpoenas:  Witness subpoenas and evidence subpoenas.  Witness subpoenas may be used to require a person to appear for a deposition or as a trial witness.  Evidence subpoenas are used to obtain documents or physical items as evidence in a case.  Very often, subpoenas are used to compel the testimony of police officers or to obtain documents from third-parties or companies who are not named Plaintiffs or Defendants in the case. In a car accident litigation this can mean GPS data, repair and maintenance records, prior claims information and a variety of other evidence relevant to the automobile accident. 

When an Out-of-State Drivers Causes an Accident in Georgia What Happens?

Georgia has a , allowing you to bring a claim against an at-fault driver from another state. Many cases can be resolved through settlement. 
If a lawsuit must be filed against a non-resident, that is, brought against the out-of-state driver, it can generally be filed in the county where the car accident happened, or in the county where you live, your choice O.C.G.A. 40-12-3.  Under the Georgia long-arm statute the lawsuit can also be served directly to the out of state driver and may be filed in the County where the wreck happened O.C.G.A. 9-10-93.