Fearless Atlanta Personal Injury Lawyers
The long road of personal injury litigation is overwhelming for victims, especially those still trying to recover. When the unthinkable happens, our Atlanta personal injury lawyers are prepared to take a case from complaint to trial so that you can focus on family, recovery, and rebuilding your life.
Types of cases
Atlanta, Georgia
Truck Accidents
Catastrophic Injury
Car Accidents
Personal Injury Lawyers in Atlanta, Georgia
Serving Clients Across Cobb, DeKalb, Gwinnett, and Fulton County
If you’ve been badly hurt in an accident, received improper medical care, or lost a family member because of someone’s carelessness, we can help you get the compensation and justice you deserve.
Personal injury victims face many obstacles when bringing a personal injury claim. They must prove that the other party was at fault and that their injuries were caused by the accident. And they have to handle the tactics of powerful insurance companies that are dead-set on denying responsibility or limiting the value of their claim. At DRS Law, we have the tools to overcome these obstacles and maximize the value of your personal injury claim.
Our firm handles cases involving:
- Car Accidents
- Catastrophic Injuries
- Construction Accidents
- Insurance Bad Faith
- Medical Malpractice
- Motorcycle Accidents
- Pedestrian Accidents
- Premises Liability
- Trucking Accidents
- Wrongful Death
Do you have a case?
Understanding Your Atlanta Personal Injury Claim
While every claim is unique, there are four key elements that are required to bring a successful personal injury lawsuit in Georgia. Knowing these elements, and how your case can meet each one, will give you an idea of how an experienced attorney will approach your case.
Unsure if you have a case?
Contact us for a free consultation.
Element 1
Duty of Care
When one party is responsible for an individual’s safety or well-being, they owe that individual a duty of care. Many human relationships establish a duty of care, such as parent/child, doctor/patient, or business/customer relationships.
In order to bring a successful personal injury claim, the first thing a plaintiff must prove is that the defendant owed them a duty of care by assuming some degree of responsibility for the plaintiff’s safety.
Element 2
Breach of Duty
The second element that a personal injury plaintiff must prove is that the defendant breached the duty of care owed to the plaintiff. A breach occurs when a defendant fails to adequately provide for the plaintiff’s safety, as required by their duty of care. Examples of such breaches include unmarked wet surfaces in a grocery store, a doctor operating on the wrong limb, or a driver running a red light.
Element 3
Damages
A plaintiff must be able to show some type of damages in order to bring a personal injury claim. Damages may include pain and suffering, medical expenses, psychological or emotional trauma, or permanent disability. Obtaining your medical records and bills will be crucial to your personal injury lawsuit.
Even if a defendant breaches their duty of care, a plaintiff will not have a valid personal injury claim if no damages are shown. Likewise, if the damages are very small—a few bruises or scratches—it is generally not worth the time and expense to bring a personal injury lawsuit.
Element 4
Causation
Finally, a plaintiff must prove that their damages were caused by the defendant’s breach of duty. The causation element is the link between the defendant’s wrongful action and the plaintiff’s harm; if no causation can be shown, then the defendant’s act and the plaintiff’s harm are unrelated, and the plaintiff cannot recover.
When establishing causation, a plaintiff must show that the defendant’s action was both the proximate or legal cause, as well as the “but-for” or actual cause, of the plaintiff’s harm. Proximate cause means that the defendant’s action was sufficient to cause the plaintiff’s harm, and “but-for” cause means that the plaintiff’s harm would not have occurred without the defendant’s action. If a plaintiff cannot prove both proximate and “but-for” cause, the link between the defendant’s action and the plaintiff’s harm will not be strong enough to support a personal injury claim.
What To Know About Your Atlanta Personal Injury Case
If you or a loved one has been injured in an accident in Atlanta, Georgia or surrounding areas, you may have questions. The Atlanta personal injury attorneys at DRS Law have the answers. Read on for more information.
1. The Statute of Limitations in Georgia
The statute of limitations in Georgia is two years in personal injury cases. A statute of limitations is the time window you have to bring your case. If you don’t bring your case within two years, your case will likely be dismissed as untimely. There is obviously a bit more to this, so having a good Atlanta personal injury lawyer on your side is crucially important.
2. Comparative Fault
Comparative fault is a doctrine that allows the jury to compare your fault with the fault of the defendants. In Georgia, a plaintiff must prove the defendant was greater than 50% at fault or else the plaintiff recovers nothing. Because defendants almost always try to argue that fault should be apportioned to the plaintiff or other responsible parties, it’s important to have the best Atlanta personal injury attorney you can find.
3. Damages Caps
Some states cap or limit the amount of non-economic damages that a plaintiff can recover for their pain and suffering. But Georgia does not have a cap on non-economic damages. This makes Georgia a very favorable jurisdiction for plaintiffs since they can recover the full amount of any jury award for such damages.
Georgia does, however, have a cap on punitive damages. Those damages are desgined to punish a defendant who injured the plaintiff through intentional or reckless conduct. In Georgia, any award of punitive damages against a defendant is generally limited to $250,000.
There are two exceptions to the punitive damages cap in Georgia. If the at-fault party acts with (1) the specific intent to cause harm or (2) while under the influence of certain substances, such as alcohol and drugs, there are no caps on punitive damages in Georgia.
4. The Unanimous Jury Rule
Georgia requires that civil jury verdicts be unanimous. This means that a plaintiff in a personal injury case must convince 12 of 12 jurors that the defendant was at fault and that the defendant’s actions caused plaintiff’s personal injuries. Our Atlanta personal injury lawyers can help you maximize your recovery at trial.
5. Negligent Failure to Settle and Bad Faith Claims
Georgia recognizes negligent failure to settle or “bad faith” insurance claims. These claims can enhance the recovery for a personal injury victim under certain circumstances. A bad faith claim arises when the plaintiff has made a demand to settle within the policy limits of the available insurance coverage, and the insurance company negligently refuses to pay the demand. If you have been injured in a car accident, motorcycle accident, bicycle accident, or trucking accident, it is critical that you have a dedicated and experience accident lawyer who will be sure to submit a time-limited demand to the insurance company and set the stage for a possible negligent failure to settle claim.
Conclusion
If you or a loved one has been injured in Atlanta, call the Atlanta personal injury and accident attorneys at DRS Law today.
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Atlanta Personal Injury Lawyer
David Anthony Smith
David is a thoughtful and thorough personal injury attorney at DRS Law. He represents individuals and familes that have been unfairly harmed in accidents in Atlanta and Georgia.
Since 2015, David has handled cases in the areas surrounding Atlanta, including Fulton County, DeKalb County, Cobb County, Gwinnett County, Henry County, and Clayton County. He has also tried cases and appeared in state and federal courts throughout Georgia.
Before joining DRS Law, David worked at two nationally recognized law firms in Vinings and Midtown, Atlanta, defending large corporations and insurance companies. He focused on Atlanta trucking accidents, negligent security, and wrongful death cases. He learned how insurance companies evaluate Georgia personal injury cases and he now uses this knowledge to help regular people instead of corporations.
To win these cases, David gives every case the attention and focus it deserves. He uncovers critical evidence, interviews key witnesses, and finds the human story in every case. He draws on his talent for compelling storytelling and deep understanding of the law to get the best results for his clients.
Outside of the office, David enjoys spending time with his wife, Caitlin — an Atlanta native and University of Georgia graduate — and their golden retriver, Chili. His outside of work interests include yoga, basketball, and cooking.
Education
Vanderbilt University Law School, Nashville, TN (J.D., 2015)
Emory University, Atlanta, GA (B.A., 2011)
Admissions
David is currently licensed in Georgia and practicing in Tennessee under the authority of Tenn. Sup. Ct. R. 7, Section 10.07 and supervision of David Randolph Smith.
Community Service
David has served as a pro bono volunteer for the Georgia Justice Project, helping to seal and restrict criminal records for first-time offenders.
Over $500 Million
Recovered Since 1993
We've Helped Thousands of People Just Like You
We are known for getting life-changing results and fighting to make our communities safer.
$10.7 Million
Wrongful Death Medical Malpractice
$3.5 Million
Confidential Settlement
Legal Malpractice
Why Choose Us As Your Atlanta Personal Injury Attorney
With us on your side, you can focus on what’s most important – your recovery.
Decades Of Experience
Our Atlanta personal injury and accident attorneys have over 75 years of combined practice handling cases involving personal injury, medical malpractice, civil rights, medical device lawsuits, wrongful death, trucking accidents, and much more.
Excellent Reputation
DRS Law is a well-respected personal injury law firm based in Nashville but accepting cases in Atlanta. For over 35 years, our founder, David Randolph Smith, has been named as a Mid-South Super Lawyer and one of the best personal injury attorneys in Nashville and Tennessee.
Small Case Volume
Unlike many Atlanta personal injury lawyers who handle a large volume of cases, we concentrate on a select few cases. As a result, we ensure that every step is taken to obtain the most favorable outcomes for our clients.
We Prepare For Trial
To maximize the recovery for our clients, we prepare every case meticulously for trial. Because of this dedicated approach, we have obtained multi-million-dollar settlements and judgments in a variety of personal injury cases.
What to Expect
Our Legal Services Are Completely Personalized To You And Your Unique Needs
01 Free Consultation
Our dedicated personal injury and accident lawyers provide free, no-pressure case evaluations. We will help you determine if you have a case and will answer all your questions in plain English. We never charge any fees until we win your case.
02 Personalized Service
If we take your case, it’s because we believe we can help you. We will get to work outlining a strategic plan of action. We want you to feel taken care of during this difficult time — whatever questions you have, we’re here with answers. Frequent check-ins ensure you are comfortable with the progress of your case.
03 You Get Paid
We are passionate about the success of your case and will give it the close attention and focus it deserves. We find solutions that other lawyers miss, discovering key facts that help you win. We call upon our gifts in storytelling to argue your case with passion and conviction so you get the compensation and justice you deserve.
What Our Clients Say
“The intellect combined with compassion of these people is incredible.”
I am very thankful to David, Lyon, Chris and all professionals who represent this firm. This team made an incredibly difficult situation end successfully. The intellect combined with compassion of these people is incredible. Our concerns were quickly and appropriately responded to, with knowledge and compassion. Law suits are very scary situations, but they never stopped communicating until I felt comfortable with the process. - K. Boland
“They were extremely thorough and caring through the entire experience.”
The DRS team was simply tremendous. They were extremely thorough and caring through the entire experience. I felt cared for the entire time. I will recommend them enthusiastically to anyone who ever needs legal help. - Dick K.
“Very professional and very hard working guys that I would suggest to anyone!”
Chris and the rest of the guys at the firm did an amazing job handling my case and making me feel like I was heard and important. Very professional and very hard working guys that I would suggest to anyone! - T. Sapp.
“They kept me in the loop every step of the way and made me feel like family.”
This is a wonderful law firm. They kept me in the loop every step of the way and made me feel like family. I would highly recommend! - David S.
“There are really no words to adequately describe how thankful we are.”
There are really no words to adequately describe how thankful we are for Lyon and the others at this law firm. The events that led us to reach out to your firm were one the worst times in our lives. My husband’s illness and long recovery were something that we were not sure we would ever come back from. Thanks to the hard work, knowledge and dedication that you guys have put forth on our behalf we have been awarded a settlement that will ensure we have a secure financial future. You guys are the best! - Lorrie H.
“The only attorney that would take our case.”
David Randolph Smith was the only attorney that would take our case. We were up against the US Government and Virginia’s state laws. Mr. Smith’s experience and expertise was the only reason we were able to get a settlement. He always answered our calls and kept us informed. Mr. and Mrs. Smith were very professional and nice. God sent this law firm to help us at a very sorrowful time. We were blessed for such a great law firm. If I ever need a lawyer, this firm would be first on my list. Thank you. — Vicky F.
“The end results gave me the justice and satisfaction I so desperately needed.”
Thru what was an absolute nightmare of an ordeal, I was finally blessed with the very best legal team a man could ever want or desire. I can’t even begin to express my overwhelming gratitude and sincere appreciation to my entire legal team. You are all of the very best at what you do, and the end results gave me the justice and satisfaction I so desperately needed. And it also gave me back my health and independence! On a scale to 1 and 10, I would give you give you a 12! God bless all of you from the bottom of my heart! - Darrell H.
“It made all the difference knowing that we were in competent hands.”
My wife and I couldn’t have had a better experience. The whole team was incredibly responsive, attentive, respectful, & friendly. Lyon took our case and you couldn’t ask for a better guy to have on your side. Not only was he super sharp and resourceful, but also the type of person that makes you feel like an old friend. Since we were seeking legal help for a very awful situation it made all the difference knowing that we were in competent hands the whole time. - Mark D.
“They always set realistic expectations and even surpassed them.”
It was a wonderful experience. Everyone we dealt with was attentive and responsive. They always set realistic expectations and even surpassed them. We are very happy we decided to use Smith and Associates. We highly recommend them. - Whitney G.