The McArthur Law Firm fights for the victims of personal injury, car wrecks, truck crashes, medical malpractice, and other incidents where negligent individuals and businesses cause harm. We get clients more money because they are worth it, and because we can. We do not give up the fight until our clients receive a fair settlement offer, or we take the case to trial.
Georgia Personal Injury Lawyer
At McArthur Law Firm, fighting for injured individuals and holding negligent parties accountable is their mission every single day. Whether going up against large insurance companies or businesses that failed to keep people safe, our attorneys bring the legal strength and no-nonsense approach needed to make things right.
It is important to understand that all Georgia personal injury attorneys charge about the same attorney fee percentages in most cases. Contingency attorney fees are calculated as percentages of a settlement or verdict. Inexperienced attorneys who simply settle cases for low amounts will be paid the same as experienced trial litigators.
Attorney Katherine McArthur is board-certified in Civil Trial Law, Civil Practice Advocacy, and Truck Accident Law by the National Board of Trial Advocates and Medical Malpractice Law by the American Board of Professional Liability Attorneys. Having earned four prestigious specialty certifications, Katherine McArthur has demonstrated significant knowledge and experience in personal injury representation. Kathy has built her career on representing plaintiffs in personal injury and accident cases throughout Georgia.
So, you have a choice:
- Do you want to hire an inexperienced attorney who is only interested in settling a case to get a quick payday?
- Or, do you want an experienced trial litigator who will fully investigate the incident, prepare for trial during negotiations, and demand the maximum amount of money from the insurance company or defendant?
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: (478) 551-9901
Overview of Personal Injury Law in Georgia
- Types of Personal Injury Cases in Georgia
- Why You Should Hire a Personal Injury Lawyer After an Accident
- How Georgia Law Handles Personal Injury Claims
- What to Do After an Injury in Georgia
- Additional Resources
- Hire a Personal Injury Attorney in Georgia
Types of Personal Injury Cases in Georgia
Car Accidents — One of the most common causes of personal injury claims in Georgia, these incidents can seriously harm drivers, passengers, and pedestrians when traffic laws are ignored. Georgia law requires drivers to carry minimum liability insurance, and accident victims can bring claims against at-fault drivers under O.C.G.A. § 51-1-6 and related insurance provisions. Common injuries include whiplash, herniated discs, and spinal injuries.
Truck Accidents — Crashes involving large commercial trucks tend to cause more severe injuries due to the sheer size and weight of the vehicles. Truck drivers and companies must follow strict safety rules under Georgia and federal law. When they violate these rules—like by skipping rest breaks or carrying overloaded cargo—they can be held liable. Traumatic brain injuries (TBIs) are common in truck crashes, and they may cause long-term or permanent damage.
Motorcycle Accidents — Riders face heightened risks because motorcycles offer far less protection than other vehicles. Many accidents occur when drivers fail to yield or don’t see the motorcycle. Injuries from these crashes often include deep skin abrasions (road rash), broken limbs, and head injuries, even when helmets are worn.
Slip and Fall Accidents — These incidents occur on poorly maintained properties with hazards like slick floors or uneven surfaces. Georgia property owners have a legal duty under O.C.G.A. § 51-3-1 to keep their premises safe for invited guests. These injuries are common in stores, restaurants, and apartment complexes. Hip fractures, especially in older adults, and wrist fractures from trying to break a fall are some of the more frequent injuries.
Medical Malpractice — Harm from negligent healthcare providers may involve surgical mistakes, wrong prescriptions, or failure to diagnose a serious illness. Claims under O.C.G.A. § 51-1-27 must meet Georgia’s specific legal standards, including an expert affidavit under O.C.G.A. § 9-11-9.1. Victims often suffer long-term health problems and may require extensive ongoing treatment.
Wrongful Death — When someone dies due to another’s negligence or misconduct, surviving family members may bring claims under O.C.G.A. § 51-4-2. The law allows recovery for the full value of the life of the deceased, including both economic and emotional losses. Fatal internal injuries from car or workplace accidents are common examples that lead to wrongful death cases.
Workplace Injuries — Most on-the-job injuries are handled under Georgia’s workers’ compensation system (O.C.G.A. § 34-9-1), but some cases allow for separate personal injury claims, especially when a third party is involved. Workplace accidents often involve heavy machinery, chemical exposure, or unsafe working conditions. These can lead to serious injuries like crushed limbs or severe burns, especially in construction and industrial jobs.
Product Liability — Defective products that cause injury may result in claims against the manufacturer, distributor, or seller under Georgia law (O.C.G.A. § 51-1-11). These cases often involve unsafe toys, appliances, auto parts, or medications. Injuries can include choking hazards for children, chemical burns from unsafe cleaning products, or injuries caused by exploding batteries or faulty machinery.
Dog Bites — Legal responsibility for dog attacks falls on owners under O.C.G.A. § 51-2-7 when they fail to control an animal known to be dangerous. Puncture wounds and infections like cellulitis are common injuries, and in some cases, bites can leave permanent scarring or emotional trauma, especially in children.
Why You Should Hire a Personal Injury Lawyer After an Accident
Protecting the Right to Compensation — Georgia law allows injured people to recover damages from the person or company that caused the harm. Under O.C.G.A. § 51-12-1, damages can include not just medical expenses and lost income, but also pain and suffering, mental distress, and the impact the injury has had on the person’s quality of life. These are not always easy to calculate, and insurance companies often try to limit the amount they pay. A lawyer understands how to measure these losses and present them in a way that supports a full and fair settlement.
Handling Insurance Companies — One of the first challenges accident victims face is dealing with insurance adjusters. These companies are in the business of paying as little as possible. They may sound helpful on the phone, but their goal is to close the claim quickly and cheaply. Georgia personal injury lawyers deal with insurers every day. They know the tactics used to delay or deny claims, and they can step in to handle all communication so that victims don’t say or do anything that could weaken their case.
Insurance adjusters are trained negotiators, but so are experienced personal injury attorneys. A lawyer’s job is to act in the best interest of the client and ensure the insurer doesn’t take advantage of the situation. With legal representation, insurance companies are far more likely to take a claim seriously and make a reasonable offer.
Building the Evidence and Proving Fault — To win a personal injury claim in Georgia, the injured party has to prove that someone else was legally at fault. That usually means showing negligence, which under O.C.G.A. § 51-1-2, means failing to use reasonable care under the circumstances. The burden of proof falls on the injured person, not the defendant. A lawyer will know what types of evidence are needed—like witness statements, police reports, video footage, accident reconstructions, and expert opinions—to clearly establish fault.
In cases where the injured person may share some of the blame, Georgia’s comparative negligence law under O.C.G.A. § 51-12-33 becomes critical. If the injured person is found to be 50% or more at fault, they cannot recover any damages. If they are less than 50% at fault, their compensation is reduced by their percentage of fault. A lawyer helps reduce the risk of an unfair finding of fault by making sure the facts are presented correctly and persuasively.
Meeting Legal Deadlines — Georgia law sets strict deadlines for filing personal injury lawsuits. Under O.C.G.A. § 9-3-33, the general statute of limitations for personal injury claims is two years from the date of the injury. If the claim is not filed in time, the injured person loses the right to seek compensation, no matter how strong the case is. Some situations, like claims against government entities, may have even shorter time limits. A personal injury lawyer keeps track of these deadlines and ensures the case is filed on time.
Maximizing the Value of the Case — It’s not enough to just get a settlement—what matters is whether the amount covers all of the damages, both now and in the future. Many injuries lead to long-term or permanent health issues that require ongoing treatment, assistive devices, or job retraining. A Georgia personal injury attorney works with medical professionals and financial experts to estimate future costs and make sure nothing is left out of the claim.
The lawyer can also identify other sources of compensation. For example, if multiple parties were at fault, there may be more than one insurance policy that applies. If a defective product contributed to the injury, a product liability claim might be added to the case. An experienced lawyer knows how to look at the bigger picture.
Reducing the Stress of the Legal Process — For people who have never been through a legal case before, the process can feel confusing and intimidating. There’s paperwork, deadlines, legal rules, and negotiations. A Georgia personal injury lawyer handles all of this so the client can focus on healing and getting their life back on track. The lawyer acts as a guide and advocate, keeping the client informed and involved without overwhelming them with legal details.
Most personal injury lawyers work on a contingency fee basis, which means they only get paid if they win or settle the case. That means injury victims don’t have to worry about upfront legal fees or hourly billing. This allows access to legal help even for those who can’t afford to pay out of pocket.
Standing Up for Justice — When someone is hurt due to another person’s carelessness, it’s not just about money—it’s about accountability. A Georgia personal injury lawyer helps injured people hold wrongdoers responsible, whether that’s a negligent driver, a careless business, or a company that put a dangerous product on the market. These cases can also lead to broader changes, like improved safety practices or changes in policy, which can help prevent future harm to others.
How Georgia Law Handles Personal Injury Claims
Georgia’s Negligence Rules — In Georgia, most personal injury cases are based on negligence, which means someone didn’t act with reasonable care and caused harm as a result. This is defined under O.C.G.A. § 51-1-2. The injured person (called the plaintiff) must show that the other party (called the defendant) owed a duty of care, broke that duty, and caused damages.
What Victims Can Be Compensated For — There are two main types of damages in Georgia personal injury claims—general and special. Special damages cover medical bills, lost income, rehab costs, and out-of-pocket expenses. General damages include pain and suffering, emotional distress, and loss of enjoyment of life. These are allowed under O.C.G.A. §§ 51-12-1 and 51-12-6.
When Punitive Damages May Apply — In some rare cases, a court may award punitive damages to punish a person for especially reckless or intentional behavior. These are only allowed under O.C.G.A. § 51-12-5.1 when the at-fault party acted with malice, fraud, or willful misconduct.
Proving a Georgia Personal Injury Claim — To succeed in a Georgia personal injury claim, the injured person must present clear evidence. This can include medical records, accident reports, photos, expert witness opinions, and testimony from people who saw what happened. A personal injury lawyer helps gather this evidence, builds the legal case, and presents it to the insurance company—or the court, if necessary.
What to Do After an Injury in Georgia
Get Medical Care Immediately — The first and most important step after any injury is to get medical treatment. Even if a person feels fine, certain injuries—like brain trauma, internal bleeding, or soft tissue damage—may not show symptoms right away. Getting medical help right away protects the person’s health and creates medical records that can be used as evidence later.
Document the Accident — After medical care, it’s important to gather information. This includes taking pictures of the scene, injuries, damaged property, and anything else that may help prove what happened. Witness names and contact details should also be written down.
Don’t Talk to Insurance Companies Without a Lawyer — Insurance companies often try to get injured people to settle quickly or make statements that hurt their case. They may ask for recorded statements or offer low settlement checks. It’s safer to have a personal injury lawyer speak to the insurance company on the person’s behalf. A lawyer can help make sure any agreement is fair and legal.
Contact a Georgia Personal Injury Lawyer Quickly — Time is critical after a personal injury in Georgia. The law gives a limited window to file a lawsuit. According to O.C.G.A. § 9-3-33, a person generally has two years from the date of the injury to file a personal injury claim. Missing this deadline can result in losing the right to seek compensation, no matter how serious the injury is. In some cases, like those involving government agencies, even shorter notice requirements may apply.
Acting fast also helps protect important evidence. Video footage, witness memories, and physical proof can disappear or become less useful over time. Insurance companies may also try to pressure injury victims into settling early for less than the case is worth. Getting legal help quickly gives the injured person a better chance to build a strong case and avoid being taken advantage of.
Additional Resources
Georgia General Assembly: O.C.G.A. § 9-3-33 — This is the official Georgia statute that explains how long someone has to file a lawsuit for personal injury, reputation damage, or loss of consortium. It provides time limits (statutes of limitations) for each type of case and includes legal commentary and judicial decisions that have interpreted the law over time.
National Center for Health Statistics: Accidents or Unintentional Injuries — This CDC page shares national statistics about unintentional injuries in the U.S. It includes the number of doctor and emergency visits and death statistics related to falls, car crashes, and poisonings. It also links to detailed reports, data tools, and trend information related to injury causes and outcomes.
Forbes – Personal Injury Settlement Amounts Examples (2025 Guide) — This source from Forbes explains how personal injury settlements typically work, how much people might receive, and what factors influence settlement outcomes. It also covers the role of personal injury lawyers in the settlement process and provides data about median and average settlement amounts across different case types.
Statista – Unintentional Injury in the U.S. – Statistics & Facts — This page provides statistical data on unintentional injuries in the United States. It includes information on death rates, injury causes like motor vehicle accidents and falls, demographic breakdowns, and associated economic costs. The source offers figures that help illustrate the frequency and impact of accidental injuries nationwide.
Hire a Personal Injury Attorney in Georgia
The McArthur Law Firm does not settle a case for less than the full amount that our clients deserve. Personal injury lawyer Kathy McArthur is a board-certified civil trial specialist who has been litigating cases for 40 years. During that time, her personal injury law firm has recovered record multimillion-dollar case results for clients. When you are looking for a personal injury attorney, make sure to review the lawyer’s history of successful case results and testimonials from past clients.
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: (478) 551-9901
More Personal Injury Resources
If you’d like to learn more about personal injury cases in Georgia, read some of our informative articles below.
- Agricultural Accidents
- Amputation Injury
- Aviation Accidents
- Broken Bone and Bone Fracture Accidents
- Burn Injury
- Child Injuries
- Crime Victims
- Explosion Accidents
- Personal Injury Appeals Lawyer
- School and Daycare Injury
- Toxic Chemical Exposure
- Types of Accidents
- Types of Personal Injuries
- Serious Personal Injury
- Special Needs Trusts for Personal Injury Settlements and Verdicts
- Are Personal Injury Settlements Taxable?
- Injury Lawyer Near Me in Georgia
- Atlanta Personal Injury Lawyer
- Macon Personal Injury Lawyers
- Warner Robins Personal Injury Lawyer
- Alpharetta Personal Injury Attorneys
- Roswell, GA Personal Injury Lawyers
- Dunwoody Personal Injury Lawyer
- Catastrophic Injury
- Back Injuries
- Spinal Cord Injury
- Paralysis
- Neck Injuries
- Traumatic Brain Injury
