car wreck Car Crash Lawyer Atlanta and Boston
Car Accidents

LET’S TALK

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LET’S TALK

Submitting this form does not make you a client of this office or establish an attorney-client privilege.

Car Accident Lawyer

Robert J. Hartigan is the founding attorney of Lionhart Injury Law and one of New England’s and Georgia’s most respected personal injury lawyers. Recognized as a Super Lawyers Rising Star in 2021, 2022, and 2026, and named a Boston Magazine Top Lawyer in 2021, Robert has spent more than nine years fighting for car accident victims in Massachusetts and Georgia. His track record includes a $650,000 recovery for a client who suffered a traumatic brain injury in a car crash, a $220,000 result for a motor vehicle collision victim, and a $185,000 settlement in a rear-end crash case. He holds an Avvo Rating of 10.0 and has recovered more than $15 million for injured clients. Robert founded Lionhart in 2024 to provide injury victims with direct representation, not a high-volume intake process.

A car accident can change everything in a single second. The physical injuries, the mounting medical bills, the time away from work, and the emotional aftermath are all real and serious burdens. When someone else’s negligence caused your crash, you deserve a car accident lawyer who treats your case with the same urgency you feel. That is exactly what I do.

My name is Robert J. Hartigan. I am the founding attorney of Lionhart Injury Law, and I handle car accident cases throughout Massachusetts and Georgia. I do not run a high-volume operation where cases get handed off to paralegals. When you hire me, you work directly with me from the first consultation through the resolution of your case.

If you or a loved one was injured in a car accident, I invite you to call my office at 1-855-343-0997 for a free consultation with an experienced car accident attorney.

How Car Accidents Happen

Most serious car accidents have one thing in common: they could have been prevented if someone had exercised reasonable care. Some of the most common causes I see include:

  • Distracted driving, including phone use, adjusting a GPS, eating, or other distractions behind the wheel
  • Speeding and aggressive driving
  • Running red lights or stop signs
  • Drunk or drug-impaired driving
  • Unsafe lane changes or failure to yield
  • Following too closely
  • Driving too fast for weather or road conditions
  • Defective traffic signals or other roadway hazards
  • Poorly maintained roads
  • Vehicle or equipment defects

Not every accident is caused by a single driver. In some cases, multiple parties may share responsibility, including other motorists, government entities responsible for roadway conditions, or manufacturers whose defective vehicles or components contributed to the crash. As a car accident lawyer with nearly a decade of legal practice, I leave no stone unturned when identifying all potentially liable parties, providing my clients with the best chances of securing a full and fair compensation.

No matter what caused your accident, my job is to determine exactly what happened, identify every party who may be legally responsible, and pursue the maximum compensation available from all applicable sources of insurance coverage.

Georgia Car Accident Law

Is Georgia an At-Fault State for Car Accidents?

Yes, Georgia follows an at-fault system for car accidents.

This generally means that the person or party legally responsible for causing the crash is also responsible for the resulting damages. In most cases, an injured person will pursue compensation through the at-fault driver’s liability insurance rather than looking to their own insurer as the primary source of recovery.

There are important exceptions. Your own insurance coverage may become relevant when:

  • The at-fault driver is uninsured or underinsured. Uninsured/underinsured motorist (UM/UIM) coverage may provide compensation when the responsible driver has no insurance or does not have enough coverage to fully compensate you.
  • You have applicable medical payments coverage. MedPay may cover certain medical expenses regardless of who caused the accident, subject to the terms and limits of your policy.
  • More than one person contributed to the crash. Georgia follows a modified comparative fault system. Under O.C.G.A. § 51-12-33, an injured person’s compensation can be reduced according to their percentage of fault, and a plaintiff who is 50% or more responsible generally cannot recover damages.
  • Someone other than the other driver may be responsible. Depending on the circumstances, an employer, vehicle owner, manufacturer, government entity, contractor, or another third party may share responsibility for the accident and resulting injuries.

How Long Do You Have to File a Car Accident Lawsuit in Georgia?

Under O.C.G.A. § 9-3-33, a lawsuit for injuries to the person generally must be filed within two years after the right of action accrues. For a typical car accident injury claim, that usually means two years from the date of the crash.

However, you should not assume that every Georgia car accident case has exactly two years. Exceptions may extend, pause, or otherwise affect the applicable deadline, and some claims have separate notice requirements or shorter deadlines. For example, special rules may apply when:

  • The injured person was a minor or was legally incompetent when the claim accrued.
  • A criminal prosecution arising from the same facts affects the running of the limitations period under Georgia law.
  • The claim involves a city, county, state agency, or other government entity, which can trigger ante litem notice requirements well before the ordinary two-year personal injury deadline. If a city, county, state, or federal entity is involved, it is especially critical to contact a car accident attorney immediately so that important deadlines are not missed.
  • The accident resulted in a death, in which case wrongful death and estate claims may involve different accrual and tolling issues.
  • The case involves claims beyond bodily injury, such as property damage, for which a different limitations period may apply.

Because missing an applicable deadline can prevent you from recovering compensation altogether, it is best to have the specific circumstances of your accident reviewed as early as possible rather than relying on the general two-year rule.

Massachusetts Car Accident Law

Massachusetts follows a no-fault automobile insurance system. After most car accidents, Personal Injury Protection (PIP) benefits provide an initial source of coverage for certain accident-related medical expenses and lost income, regardless of who caused the crash. Massachusetts PIP generally provides up to $8,000 in benefits per person, although the amount actually available for medical expenses can depend on factors such as health insurance coverage and any PIP deductible selected under the policy.

The no-fault system does not mean an injured person can never pursue the driver who caused the accident. Massachusetts law allows claims against an at-fault driver, but special rules apply to the recovery of damages for pain and suffering. Under M.G.L. c. 231, § 6D, an injured person generally must incur more than $2,000 in reasonable and necessary medical expenses before recovering pain and suffering damages, unless an exception applies. You may qualify without meeting the $2,000 threshold when the accident causes:

  • Death
  • Loss of a body member
  • Permanent and serious disfigurement
  • Certain qualifying loss of sight or hearing
  • A fracture

The application of Massachusetts’ no-fault rules can also vary depending on the circumstances of the accident, the people and vehicles involved, available insurance coverage, and where the collision occurred. For example, different considerations may arise when an injured person is a pedestrian or bicyclist, when the at-fault driver is uninsured or underinsured, when an applicable policy contains a PIP deductible, or when an accident involving a Massachusetts-insured vehicle occurs outside Massachusetts.

How Long Do You Have to File a Car Accident Lawsuit in Massachusetts?

Under M.G.L. c. 260, § 2A, Massachusetts generally gives an injured person three years after a personal injury cause of action accrues to file a lawsuit. For a typical car accident injury case, that will generally be three years from the date of the accident.

However, exceptions can affect the applicable deadline, so you should not assume that every Massachusetts car accident case gives you exactly three years. Depending on the circumstances, different rules or additional deadlines may apply, particularly when a claim involves a minor, a injury that is not readily discoverable, a person under a legal disability, a government entity, a wrongful death, or another situation subject to a specific statutory requirement.

Can I Recover Compensation in Massachusetts If I Was Partially At Fault for My Car Accident?

Massachusetts also follows a modified comparative negligence rule. Under M.G.L. c. 231, § 85, you can recover damages if your negligence was not greater than the combined negligence of the person or persons from whom you are seeking recovery. Your compensation is then reduced in proportion to your share of fault.

For example, if you suffered $100,000 in damages but were found 20% at fault, your recovery would generally be reduced to $80,000 (i.e., $20,000 reduction). If you were 51% at fault, however, you would be barred from recovering under Massachusetts’ comparative negligence rule.

Common Injuries in Car Accidents

Car accidents can cause injuries ranging from painful soft-tissue damage to catastrophic, life-changing conditions. Some injuries are immediately apparent at the scene, while others may not become obvious until hours or even days after the crash. The injuries I most often see in car accident cases include:

  • Traumatic brain injuries (TBI): A violent impact or sudden acceleration and deceleration can cause the brain to move inside the skull, potentially resulting in cognitive, physical, behavioral, and emotional changes that may require long-term treatment.
  • Concussions: Even when classified as a mild traumatic brain injury, a concussion can cause persistent headaches, dizziness, memory problems, difficulty concentrating, sensitivity to light or sound, and other neurological symptoms.
  • Spinal cord and back injuries: Car crashes can cause herniated or damaged discs, nerve injuries, vertebral fractures, and spinal cord damage. Severe spinal cord injuries may result in partial or complete paralysis and lifelong medical needs.
  • Shoulder injuries: Seat belts, direct impact, and the force of a collision can injure the shoulder, including rotator cuff tears and labral damage that may require physical therapy, injections, or surgery.
  • Broken bones: Fractures of the arms, legs, ribs, wrists, ankles, and other bones are common in significant collisions and may require surgery, rehabilitation, and extended time away from work.
  • Internal injuries: The force of a crash can damage internal organs or cause internal bleeding. These injuries can be particularly dangerous because they may not always produce obvious symptoms immediately after an accident.
  • Lacerations and scarring: Broken glass, vehicle components, and other debris can cause deep cuts and wounds that may lead to permanent scarring or disfigurement.

I understand how dramatically a serious injury can affect every part of a person’s life. I recovered $650,000 for a client who suffered a traumatic brain injury in a car crash, and I approach every case with the goal of pursuing compensation that reflects not only the client’s immediate medical expenses, but also the long-term consequences of the injury.

Learn more about traumatic brain injuries after car accidents, spinal cord injuries, and concussions, including how these injuries can affect a claim and the types of compensation that may be available.

What Should I Do After a Car Accident?

What you do in the minutes, hours, and days after a car accident can affect both your health and your ability to recover compensation. If you are able, take the following steps:

  • Call 911 and remain at the scene. Report the accident and request emergency medical assistance if anyone may be injured. Cooperate with responding law enforcement and obtain the police report information before you leave, if possible.
  • Get medical attention. Do not assume you are fine simply because you do not feel seriously injured immediately after the crash. Adrenaline can mask pain, and symptoms of concussions, traumatic brain injuries, soft-tissue injuries, and other conditions may develop later.
  • Photograph and video the scene. Document the damage to all vehicles, their positions, the roadway, traffic signals and signs, skid marks, debris, weather or road conditions, visible injuries, and anything else that may help establish how the crash occurred.
  • Exchange information with the other driver. Obtain their name, contact information, driver’s license information, license plate number, insurance carrier, and policy information.
  • Identify witnesses. Get the names and contact information of anyone who saw the collision or the events immediately before or after it. Independent witnesses can become important evidence if fault is later disputed.
  • Be careful when discussing the accident. Stick to the facts when speaking with police and avoid speculating about fault or the extent of your injuries.
  • Preserve evidence. Keep medical records, bills, repair estimates, photographs, correspondence from insurance companies, receipts for accident-related expenses, and documentation showing time you missed from work.
  • Be cautious with insurance companies. You may have contractual obligations to cooperate with your own insurer, but that does not mean you should provide an unnecessary recorded statement without understanding your rights and obligations. Be especially cautious about recorded statements, broad medical authorizations, or settlement offers from the at-fault driver’s insurance company.
  • Speak with a car accident lawyer before accepting a settlement. Once you settle a claim and sign a release, you generally cannot return later and demand additional compensation if your injuries turn out to be more serious than you initially realized.
  • Call me as soon as possible after the accident for a FREE CONSULTATION. The sooner I become involved, the sooner I can begin preserving evidence, dealing with the insurance companies, investigating what happened, and protecting your right to pursue the compensation you deserve.

Uninsured and Underinsured Motorist Coverage

You can do everything right and still be hit by a driver who has no insurance or not nearly enough coverage to pay for the harm they caused. When that happens, uninsured motorist (UM) and underinsured motorist (UIM) coverage can become an important source of compensation.

  • Uninsured motorist coverage may apply when the at-fault driver has no liability insurance. Depending on the policy and applicable state law, it may also apply in certain hit-and-run accidents or other situations in which the responsible driver cannot be adequately identified or insured.
  • Underinsured motorist coverage may apply when the at-fault driver has insurance, but the available liability limits are not enough to fully compensate you for your covered damages.
  • Other policies may provide additional coverage. Depending on the circumstances, coverage may potentially be available through policies covering other vehicles or members of your household. Whether a particular policy applies depends on its language, applicable state law, and the facts of the accident.

UM/UIM claims are made under an insurance policy that provides coverage to you, but that does not mean the process is automatic or that the insurer will necessarily agree with the value of your claim. Coverage disputes can arise over policy language, applicable limits, offsets, exclusions, and the extent of your damages.

I review all potentially applicable insurance policies, including appropriate household policies, to determine what coverage may be available. My goal is not simply to identify the most obvious insurance policy. It is to investigate every potential source of recovery and pursue the maximum compensation available for your injuries and losses.

Serving Boston, Atlanta, and Decatur

I handle car accident cases throughout Massachusetts from my Boston office and throughout Georgia from my Atlanta and Decatur offices. If you were injured in a car crash in a specific city, visit my dedicated city pages for local information:

  • Boston Car Accident Lawyer
  • Atlanta Car Accident Lawyer
  • Decatur Car Accident Lawyer

Frequently Asked Questions About Car Accident Claims in Georgia and Massachusetts

How long do I have to file a car accident lawsuit in Massachusetts or Georgia?

In Georgia, the statute of limitations for car accident personal injury claims is generally two years from the date of the accident under O.C.G.A. Section 9-3-33. In Massachusetts, the statute of limitations is typically three years from the date of the accident under M.G.L. c. 260 Section 2A. Missing these deadlines permanently bars your right to recover compensation, unless a narrow exception applies. Contact a car accident attorney as soon as possible to ensure that critical deadlines are not missed.

What is Massachusetts no-fault PIP insurance and how does it affect my car accident claim?

Massachusetts is a no-fault state, which means Personal Injury Protection (PIP) generally provides an initial source of benefits after a car accident regardless of who caused the crash. Massachusetts auto policies generally provide up to $8,000 in PIP benefits per person for covered losses, including certain medical expenses and a portion of lost income. The amount available for medical expenses can vary depending on factors such as your health insurance and whether your policy has a PIP deductible.

PIP does not mean that you can never pursue compensation from the driver who caused your accident, and you do not necessarily have to exhaust your PIP benefits before pursuing a claim against the at-fault driver.

Massachusetts does, however, place limits on when an injured person can recover pain and suffering damages. Under M.G.L. c. 231, § 6D, you generally must incur more than $2,000 in reasonable and necessary medical expenses unless your injuries fall within one of the statutory exceptions, including:

  • Death
  • Loss of a body member
  • Permanent and serious disfigurement
  • Certain qualifying loss of sight or hearing
  • A fracture

Because PIP benefits, health insurance, liability coverage, and the tort threshold can interact differently depending on the circumstances, I review all available insurance coverage and the nature of your injuries to determine what compensation you may be entitled to pursue.

How does Georgia’s at-fault system work for car accident claims?

Georgia is an at-fault state. The driver who caused your accident is responsible for paying your damages. You pursue compensation from their insurance company first. Unlike in Massachusetts, you do not first file a claim under your own insurance unless the at-fault driver was uninsured or underinsured. Georgia law typically requires you to file suit within two years of the accident date, unless a narrow exception applies.

Can I recover compensation if I was partially at fault for my car accident?

Yes, in both Georgia and Massachusetts, you can recover compensation even if you were partially at fault, as long as your degree of fault does not exceed the state’s threshold. In Georgia, under O.C.G.A. Section 51-12-33, you must be less than 50 percent at fault. If you are exactly 50 percent at fault, you cannot recover. In Massachusetts, under M.G.L. c. 231 Section 85, you must be less than 51 percent at fault. In both states, your compensation is reduced proportionally by your percentage of fault.

What if the driver who hit me had no insurance?

Uninsured and underinsured motorist coverage in your own policy may cover your damages. This coverage steps in when the at-fault driver has no insurance or insufficient insurance. Both Massachusetts and Georgia have specific rules about UM/UIM coverage. I review all available insurance policies, including household members’ policies, to identify every possible source of compensation for your injuries.

How is fault determined in a car accident case?

Fault is established through police reports, witness statements, surveillance and dashcam video footage, photographs of the vehicles and the scene, skid mark analysis, traffic signal and road condition data, and expert accident reconstruction when needed. Insurance companies conduct their own fault investigations with an eye toward minimizing what they pay. I conduct an independent investigation and, when necessary, hire accident reconstruction experts to establish exactly how the crash occurred and who was responsible.

What compensation can I recover after a car accident?

You can recover economic damages including past and future medical expenses, lost wages, loss of earning capacity, vehicle repair or replacement, and rental car costs. You can also recover non-economic damages including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In cases involving egregious conduct such as drunk driving, punitive damages may also be pursued. I work to identify and pursue every available category of damages.

How soon should I contact a car accident lawyer after my crash?

As soon as possible, ideally within days of the accident. Evidence disappears quickly. Surveillance footage is often overwritten within days. Skid marks fade with traffic and weather. Witnesses’ memories diminish over time. Insurance companies begin their own investigation immediately. The sooner I get involved, the better positioned I am to preserve critical evidence, protect your rights in communications with insurance companies, and build the strongest possible case.

I’m Ready to Fight for You. Contact Lionhart Injury Law for a Free Consultation.
Boston: (617) 871-9093  |  Atlanta: (404) 239-5245  |  Decatur: (678) 321-8339  

Toll-Free: (855) 343-0997
No fee unless compensation is obtained. We advance all litigation costs.

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