ServicesPersonal InjuryMotor Vehicle Accidents

Personal Injury — Georgia

Motor Vehicle
Accident Defense

A serious collision changes everything in an instant. Whether you were injured in a car crash, a commercial truck accident, or a motorcycle collision, you deserve an advocate who will fight for every dollar of compensation you are owed. Attorney Brent Sherota brings 10+ years of personal injury experience to every case in the Metropolitan Atlanta area.

Georgia Law

Fault Rules & Comparative Negligence

Georgia is an at-fault (tort) state, meaning the driver who caused the accident is responsible for paying damages through their liability insurance. Unlike no-fault states, Georgia allows injured parties to file a claim directly against the at-fault driver.

Georgia follows modified comparative negligence under O.C.G.A. § 51-12-33. You can recover damages as long as you are less than 50% at fault. However, your award is reduced by your percentage of fault. If you are found 50% or more at fault, you recover nothing.

Example

If your damages total $100,000 and you are found 20% at fault, you recover $80,000. Insurance companies routinely try to inflate your fault percentage — having an attorney negotiate on your behalf is critical.

Georgia Minimum Insurance Requirements

Coverage TypeMinimum Required
Bodily Injury (per person)$25,000
Bodily Injury (per accident)$50,000
Property Damage$25,000
Uninsured Motorist (BI per person)$25,000
Uninsured Motorist (BI per accident)$50,000

O.C.G.A. § 33-7-11 requires uninsured motorist coverage unless waived in writing. Many serious accidents involve damages far exceeding these minimums.

Types of Cases

Car, Truck & Motorcycle Collisions

Car Accidents

  • Rear-end collisions
  • Head-on and T-bone crashes
  • Intersection accidents
  • Hit-and-run incidents
  • Distracted and drunk driving
  • Multi-vehicle pileups
  • Rideshare accidents (Uber/Lyft)

Georgia's statute of limitations for car accident injury claims is 2 years from the date of the accident (O.C.G.A. § 9-3-33). Property damage claims have a 4-year limit.

Commercial Truck Accidents

  • 18-wheelers and semi-trucks
  • Delivery and box trucks
  • FMCSA hours-of-service violations
  • Improper cargo loading
  • Brake and equipment failure
  • Driver fatigue and log falsification
  • Multiple liable parties (driver, carrier, shipper)

Truck accident cases involve federal FMCSA regulations and multiple defendants. Evidence — including black box data and driver logs — must be preserved immediately with a spoliation letter.

Motorcycle Accidents

  • Left-turn collisions
  • Lane-change and merge crashes
  • Dooring incidents
  • Road hazard and defect claims
  • Helmet law compliance (O.C.G.A. § 40-6-315)
  • Bias and prejudice mitigation
  • Catastrophic injury claims

Motorcyclists face unique bias from insurers. Georgia requires helmets for all riders. Injuries are typically more severe, making thorough documentation of medical treatment essential.

What You Can Recover

Types of Damages in Georgia

Economic Damages

Quantifiable financial losses

Medical Expenses

Past and future hospital bills, surgery, rehabilitation, physical therapy, prescription medications, and medical equipment

Lost Wages

Income lost during recovery, including salary, tips, commissions, and self-employment income

Loss of Earning Capacity

Reduced ability to earn income in the future due to permanent disability or impairment

Property Damage

Repair or replacement of your vehicle and any personal property damaged in the collision

Out-of-Pocket Expenses

Transportation to medical appointments, home care, and other accident-related costs

Non-Economic Damages

Subjective, non-monetary losses

Pain & Suffering

Physical pain and discomfort experienced as a result of the injuries, both past and ongoing

Emotional Distress

Anxiety, depression, PTSD, and other psychological impacts caused by the accident

Loss of Enjoyment of Life

Inability to participate in hobbies, activities, and experiences you enjoyed before the accident

Loss of Consortium

Impact on your relationship with your spouse, including companionship and support

Disfigurement & Scarring

Permanent physical changes affecting your appearance and self-image

Punitive Damages: Georgia also allows punitive damages under O.C.G.A. § 51-12-5.1 when the defendant's conduct was willful, wanton, or showed conscious indifference to consequences — such as drunk driving. Punitive damages are generally capped at $250,000, with exceptions for DUI-related cases.

How It Works

The Claims Process Step by Step

01

Seek Medical Attention

Your health comes first. Seek immediate medical care even if you feel fine — some injuries (whiplash, TBI, internal bleeding) are not immediately apparent. Medical records are the foundation of your claim.

02

Document the Scene

Photograph the vehicles, road conditions, skid marks, traffic signs, and your injuries. Collect the other driver's insurance information, license plate, and contact information for all witnesses.

03

Report to Law Enforcement

Georgia law requires reporting accidents involving injury, death, or property damage over $500 (O.C.G.A. § 40-6-273). Obtain a copy of the police report — it is critical evidence.

04

Notify Your Insurer

Report the accident to your own insurance company promptly. Do not give a recorded statement to the at-fault driver's insurer without first consulting an attorney — their adjusters are trained to minimize your claim.

05

Consult an Attorney

Contact Sherota Law for a free consultation before accepting any settlement offer. Insurance companies often make quick, lowball offers before the full extent of your injuries is known.

06

Investigation & Demand

We gather all evidence, obtain medical records and bills, consult experts if needed, and send a comprehensive demand letter to the insurer. Most cases resolve through negotiation; if not, we file suit.

Critical Timelines

Georgia Deadlines You Cannot Miss

DeadlineTimeframeStatuteNotes
Personal Injury Lawsuit2 years from accident dateO.C.G.A. § 9-3-33Missing this deadline permanently bars your claim
Wrongful Death Lawsuit2 years from date of deathO.C.G.A. § 51-4-2Separate from personal injury; runs from death, not accident
Property Damage Lawsuit4 years from accident dateO.C.G.A. § 9-3-31Applies to vehicle and personal property damage
Claim Against Government Entity6 months ante-litem noticeO.C.G.A. § 50-21-26Required before suing state agencies; shorter for municipalities
Uninsured Motorist ClaimNotify insurer promptlyO.C.G.A. § 33-7-11Policy terms may require notice within 30–60 days
Minor's Injury Claim2 years after turning 18O.C.G.A. § 9-3-90Tolled during minority; parents may file on child's behalf

Why Choose Us

The Sherota Law Advantage

No Fee Unless We Win

Personal injury cases are handled on a contingency fee basis. You pay nothing unless we recover compensation for you. No upfront costs, no hourly fees.

Direct Attorney Access

You work directly with Attorney Brent Sherota — not a paralegal or case manager. Your calls are returned, your questions answered, and your case personally handled.

Prompt Investigation

Evidence disappears quickly after an accident. We act fast to preserve surveillance footage, black box data, witness statements, and physical evidence before it is lost.

Insurance Negotiation

We know the tactics insurers use to minimize claims. We handle all communications with adjusters and fight for the full value of your damages — not a quick settlement.

Full Damage Assessment

We work with medical experts, accident reconstructionists, and economists to document the true extent of your injuries and calculate your complete damages.

Trial-Ready Representation

Insurance companies settle for more when they know your attorney will take the case to trial. We prepare every case as if it will go before a jury.

Attorney Brent Sherota

Your Attorney

Brent Sherota

Founder & Managing Attorney — Sherota Law LLC

Attorney Brent Sherota has spent over a decade fighting for accident victims in the Metropolitan Atlanta area. He understands that a serious collision is not just a legal matter — it disrupts your health, your income, your family, and your sense of security.

Brent takes a methodical, evidence-driven approach to every personal injury case: preserving critical evidence early, building a complete picture of your damages, and negotiating aggressively with insurance companies. When insurers refuse to pay fair value, he is prepared to take your case to trial.

10+ Years Private PracticeMetropolitan AtlantaCriminal Defense & Personal InjuryFree Consultations

Injured in a Collision? Time Is Critical.

Evidence disappears and deadlines approach quickly after a motor vehicle accident. Contact Sherota Law today for a free, no-obligation consultation. There is no fee unless we win your case.

Injured in a Collision? Act Now.

Evidence disappears and deadlines approach quickly after a motor vehicle accident. Contact Sherota Law today for a free, no-obligation consultation. There is no fee unless we win your case.

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