Filing a personal injury lawsuit can be one of the most important decisions you make after an accident. Unfortunately, small missteps — from missing deadlines to trusting the wrong advice — can weaken even a strong case.
At Burnside Law Firm LLP, with offices in Augusta and Athens, our attorneys have guided injury victims across Georgia through every stage of the legal process. With over 50 years of combined experience, we’ve seen the costly errors people make when they try to handle a claim alone or rely too heavily on insurance companies. Whether your injury occurred on I-20 in Augusta, at a construction site in Evans, or in a retail store in Martinez, here are the 10 biggest mistakes to avoid — and how to protect your rights every step of the way.
1. Failing to Seek Immediate Medical Treatment
One of the most damaging mistakes is delaying medical care after an accident. Even if your injuries seem minor, untreated pain or swelling can worsen over time and create gaps in your medical record.
Insurance adjusters often use these delays to argue that your injuries weren’t serious or were caused by something else. Always visit an ER or urgent care clinic in Augusta — such as Piedmont Augusta or Doctors Hospital — immediately after the incident. Follow every treatment recommendation and keep detailed records of doctor visits, medications, and test results.
2. Waiting Too Long to File a Claim
Georgia’s statute of limitations for most personal injury cases is two years (O.C.G.A. § 9-3-33). Waiting too long can result in a complete loss of your right to compensation.
It’s best to contact an attorney as soon as possible after your accident. The team at Burnside Law Firm LLP ensures all filings, notices, and documentation are submitted on time — especially in cases against government entities, where deadlines can be as short as six months.
3. Accepting the First Settlement Offer
After an accident, insurance companies often make quick settlement offers before you’ve finished treatment. These offers are rarely fair.
Accepting an early payout can prevent you from claiming additional damages later if complications arise. Our attorneys evaluate the true value of your case by reviewing medical costs, lost income, and long-term needs — ensuring you’re not shortchanged for the sake of convenience.
4. Posting About Your Case on Social Media
It’s natural to share updates online, but anything you post can be used against you. Insurance investigators routinely monitor Facebook, Instagram, and TikTok accounts for evidence that contradicts your claim.
Avoid discussing your accident, injuries, or legal case on social media until your claim is fully resolved. A single photo or comment can significantly undermine your credibility in court.
5. Not Following Doctor’s Orders
Failing to attend follow-up appointments or disregarding treatment recommendations can make it appear that your injuries are less serious. In some cases, insurance companies may argue that your condition worsened because you didn’t comply with medical advice.
Follow every medical instruction, keep receipts for out-of-pocket expenses, and store all communication from healthcare providers. These records strengthen your case and clearly document your recovery journey.
6. Giving a Recorded Statement Without Legal Advice
After a car accident or slip-and-fall, insurance adjusters may ask you for a recorded statement “to speed up the process.” What they really want is information they can use to limit your payout.
At Burnside Law Firm LLP, we handle all communication with insurers to protect your interests. Our attorneys know how to provide accurate information without allowing insurers to twist your words or shift blame unfairly.
7. Underestimating Future Damages
Many injury victims only think about immediate medical bills and lost wages. However, some injuries — especially spinal cord, orthopedic, or traumatic brain injuries — require ongoing care and future therapy.
Our attorneys work with medical economists and vocational experts to estimate long-term costs, ensuring settlements reflect not just today’s expenses but also the years of impact ahead.
8. Trying to Handle a Serious Case Without an Attorney
While Georgia law allows self-representation, personal injury cases involve complex statutes, procedural rules, and negotiation tactics. Without an attorney, you risk missing critical deadlines, undervaluing your claim, or accepting a settlement that doesn’t cover future expenses.
At Burnside Law Firm LLP, clients receive direct attorney access — not just a case manager or assistant — from start to finish. We navigate the paperwork, filings, and court procedures so you can focus on recovery.
9. Ignoring Comparative Fault Rules
Georgia follows a modified comparative fault law, which means your compensation can be reduced if you’re partly responsible for the accident. If you’re 50% or more at fault, you may not recover anything.
Our attorneys work meticulously to minimize any assigned fault by gathering physical evidence, witness statements, and expert opinions that clearly demonstrate the other party’s negligence.
10. Choosing the Wrong Law Firm
Not all firms handle personal injury cases with the same depth of experience or personal attention. Choosing a lawyer without trial experience or knowledge of Georgia’s local courts can hurt your chances of success.
Burnside Law Firm LLP has built its reputation on results, ethics, and leadership within the Georgia legal community. With recognized honors from Best Lawyers in America, Super Lawyers, Georgia Trend’s Legal Elite, and Martindale-Hubbell AV Preeminent, our attorneys combine statewide credibility with genuine, client-focused service.
Why Burnside Law Firm LLP Is the Smart Choice for Georgia Injury Victims
Filing a lawsuit isn’t just about compensation — it’s about standing up for what’s right. At Burnside Law Firm LLP, we combine legal precision with compassion for the people we represent.
Experience That Gets Results
With over 50 years of combined litigation experience, our attorneys have successfully handled complex personal injury, wrongful death, and medical malpractice cases across Georgia. We understand how insurers operate — and how to counter their strategies effectively.
Recognized for Leadership and Integrity
- Thomas R. Burnside III – Best Lawyers in America, Georgia Super Lawyers, Georgia Trend’s Legal Elite, Top 100 Trial Lawyers, and long-serving member of the State Bar of Georgia Board of Governors.
- Garon Muller – Super Lawyers 2021–2023, Avvo Client’s Choice Award, Augusta Metro Chamber’s “Top Ten in Ten” Award, and community leader with Turn Back the Block.
- Robert MacGregor – Licensed in Georgia and South Carolina, former Public Defender in the Augusta Judicial Circuit, and experienced trial lawyer for high-stakes cases.
- Ashton Revollo – Emory Law graduate, Georgia Trial Lawyers Association LEAD Program participant, and advocate for clients throughout the Aiken–Augusta region.
Personal Service You Can Trust
Every case at Burnside Law Firm LLP receives individual attention. We don’t rush settlements — we build them strategically. From the first consultation to the final verdict, our team stands beside you with honesty, accessibility, and relentless advocacy.
Frequently Asked Questions About Filing a Personal Injury Lawsuit in Georgia
Q: How soon after an accident should I contact an attorney?
A: Ideally, within the first few days. Early legal action helps preserve evidence and ensures your claim meets Georgia’s deadlines.
Q: What documents should I keep for my case?
A: Keep all medical records, photos of the accident scene, police reports, insurance correspondence, and receipts for expenses related to your injury.
Q: What if I already accepted an insurance offer — can I reopen my case?
A: Usually not. Once a settlement is signed, it’s legally binding. Always consult an attorney before accepting any offer.
Q: How long does a personal injury lawsuit take in Georgia?
A: Most cases resolve within six months to two years, depending on complexity, negotiations, and court scheduling.
Q: How much does it cost to hire Burnside Law Firm LLP?
A: We work on a contingency fee basis — you pay nothing upfront, and we only collect fees if we recover compensation for you.
Takeaway: Small Mistakes Can Cost You Big — Let Us Help You Avoid Them
Personal injury law in Georgia can be complex, but avoiding common pitfalls can mean the difference between a denied claim and a full recovery.
At Burnside Law Firm LLP, our experienced attorneys guide clients through each stage of the process — protecting evidence, handling insurers, and fighting for every dollar you deserve. Serving Augusta, Athens, Evans, Martinez, and surrounding Georgia communities — Burnside Law Firm LLP helps clients avoid costly mistakes and achieve justice with confidence.
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