Since 1949, the lawyers at Johnson & Ward have treated our personal injury law clients like family. Johnson & Ward was the first, best, #1 personal injury lawyer firm in Atlanta. The firm was formed in the post-WW2 period when Atlanta’s old streetcar system shut down and freeway construction began. Earning client referrals the old-fashioned way, by word of mouth, we have never needed to advertise on billboards, radio or TV.

Earning the respect of judges, juries and opponents, we have recovered hundreds of millions of dollars for personal injury and wrongful death clients. We have extensive experience with personal injury negligence claims involving car accidents, truck accidents, slip and fall, wrongful death, catastrophic injury, dog bites and medical malpractice.

Frequently asked questions

Why Johnson & Ward?

The original personal injury law firm in Atlanta, operating since 1949, our current team of Atlanta personal injury lawyers has over 368 years of cumulative experience and has recovered hundreds of millions of dollars for clients. They include:

• A former president of the State Bar of Georgia
• A former president of the Atlanta Bar Association
• A former chair of the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section
• A former executive vice president of the Georgia Trial Lawyers Association
• The lead author of eleven editions of a leading book on Georgia personal injury lawyers practice (Georgia Law of Torts: Trial Preparation & Practice). Authors of chapters in Handing Motor Vehicle Cases, 2d Edition, and AmJur Trials.
• The first Georgia personal injury lawyer to earn three board certifications from the National Board of Trial Advocacy.

The firm’s founders were also founders of the Georgia Trial Lawyers Association, and firm members served as Presidents and Vice Presidents of that organization. Firm alumni have served as judges of the Fulton County Superior Court and the Georgia Court of Appeals.

What Is a Personal Injury Claim in Georgia?

A personal injury claim happens when someone gets hurt because another person did something careless or wrong. If you’re injured and it’s not your fault, you might be able to get money from the person or company that caused it.

For example, if you’re in a car accident and the other driver ran a red light, you can file a personal injury claim against them.

Who Is “Liable” or At Fault in a Georgia personal injury claim?

“Liability” means who is responsible for the injury. In Georgia, the law looks at fault. If someone didn’t act carefully (like texting while driving or leaving a wet floor with no sign), they can be held liable.

Georgia follows the “modified comparative fault” rule. That means:
– If you’re 50% or less at fault, you can still get money—but it gets reduced by your percent of fault.
– If you’re 51% or more at fault, you get nothing.

What damages can be recovered in a Georgia personal injury case?

“Damages” means the money you can get in a personal injury case. In Georgia, there are three main kinds:

1. Economic Damages – Things with a price tag:
   – Medical bills
   – Lost wages
   – Property damage (like your car)

2. Non-Economic Damages – Pain and emotional harm:
   – Pain and suffering
   – Anxiety or depression from the injury
   – Loss of enjoyment in life

3. Punitive Damages – To punish really bad behavior. These are rare. You only get these if the person did something very reckless, like drunk driving or road rage.

What are the most common types of injuries in Georgia personal injury cases?

• Wrongful death
• Spinal cord injury, C1-C2 injury, paralysis and treatment
• Brain injury, post-concussion syndrome
• Neck and back injury, low back fractures
• Nose injuries
• Eye injuries
• Ear injuries
• Facial scar injuries
• Scalp avulsion injuries
• Hand fracture injuries
• Myofascial Pain Injury
• Femur (thigh bone) fracture
• Ankle fracture injuries
• Foot drop
• Temporomandibular Joint (TMJ) Injuries
• Burn injury
• Amputation, leg amputation
• Asbestos & silica lung damage
• Syringomyelia and Chiari Malformation Injuries

What the most common types of incidents leading to personal injury claims in Georgia?

•  Automobile accidents
• Truck crashes
• Dangerous premises liability
• Dangerously defective manufactured products
• Professional negligence

Effectiveness in all these cases requires an in-depth knowledge of insurance law.

What are common considerations in going through with lawsuits vs. settlements in Georgia personal injury cases?

We prepare every case as if it were going to trial. The credible threat of trial is the best way to get a fair settlement. But you don’t always have to go to trial. In fact, over 90% personal injury cases in Georgia settle before trial.

Why Settle?

• It’s faster
• The expenses are less
• Less stress for you
• You control the outcome rather than leaving it to a judge and 12 jurors

Why Go to Trial?

• If the other side won’t offer enough
• If fault is in dispute
• If you have a strong case and the defendant’s insurance company is one that habitually refuses to be reasonable

But trial is risky. You might win big or get nothing. Everyone leaves some blood on the courtroom floor. A good, experienced, well-qualified lawyer will help you decide what is the better course for you.

How do lawyers get paid in Georgia personal injury cases?

An agree percent of what the lawyer gets for you.

Almost always, personal injury lawyers in the United States work on a contingency fee. That means:

• You don’t pay anything up front.
• The lawyer only gets paid if you win.
• If you lose, you pay nothing.

The lawyer gets a percentage you agree to in advance of whatever you win, after deduction of expenses and liens. The lawyer gets paid only when you get paid, after you agree to a settlement or win in court.

Are Georgia personal injury settlements taxed?

No. In most cases, no, your injury money is not taxed.

What’s not taxed:

• Money for physical injuries
• Pain and suffering
• Medical costs

What is taxed:

• Punitive damages
• Income earned by investment of personal injury recoveries

How are the time limits for personal injury cases in Georgia?

Two years if the general statute of limitations for personal injury cases in Georgia. Miss that deadline, and you lose your right to recover—even if it’s a strong case. But there are other time limits and exceptions you should know.

• For claims against state and county governments, you must deliver a technically sufficient pre-suit written notice of claim within 12 months.
• For claims against city governments, you must give a pre-suit written notice of claim within 6 months.
• There are several circumstances that can pause the running of the clock but you must leave that assessment to an experienced attorney.

What Happens If You Settle?

If you reach a settlement:
1. You sign a release—promising not to sue.
2. The insurance company sends a check.
3. Your lawyer takes their fee and pays any liens.
4. You get the rest.

Once you settle, it’s over. You can’t go back and ask for more later.

Localities in Georgia Where We Practice

Our practice is statewide, and our partners have handled serious cases in most of Georgia’s 159 counties. Here are places where we have been most active. Acworth, Adairsville, Alpharetta, Atlanta, Augusta, Austell, Avondale Estates, Ball Ground, Braselton, Brookhaven, Buford, Canton, Cartersville, Carroll County, Carrollton, Chamblee, Cherokee County, Clarkston, Clayton County, Cobb County, Conyers, Coweta County, Covington, Cumming, Dallas, Decatur, DeKalb County, Doraville, Douglas County, Douglasville, Duluth, Dunwoody, Fayetteville, Forest Park, Forsyth County, Fulton County, Gainesville, Henry County, Hiram, Johns Creek, Jonesboro, Kennesaw, Locust Grove, Mableton, Macon, Marietta, McDonough, Milton, Morrow, Mountain Park, Newnan, Newton County, Norcross, Peachtree City, Paulding County, Peachtree Corners, Powder Springs, Riverdale, Rome, Roswell, Sandy Springs, Savannah, Smyrna, Stockbridge, Suwanee, Villa Rica, Waleska, Woodstock.