What a Car Accident Lawyer Actually Does for Your Case

Most people who consider hiring a car accident attorney know they want help but are unclear about what that help actually involves on a daily, weekly, and monthly basis. The work product an attorney produces is concrete and stage-specific, and understanding it makes it possible to evaluate whether that work justifies the fee in a given situation. In Georgia, the work is also shaped by specific procedural rules, including the 2025 changes under SB 68 that affect motions, discovery timing, and how damages may be argued. This discussion describes, in general terms, the tasks a Georgia car accident attorney typically performs at each stage of a case.

Pre-Litigation: Building the Case

Before any lawsuit is filed, the attorney’s work is largely investigative and organizational. It commonly includes sending evidence-preservation letters, also called spoliation demands, to the parties holding relevant evidence, often within a day or two of engagement, a process addressed in the discussion of admissible evidence in Georgia. The attorney obtains and reviews the police report, requesting supplemental reports where errors exist, and identifies all potentially liable parties and their insurance coverage, including umbrella and commercial policies that may not be immediately apparent, an inquiry connected to the discussion of multiple insurance policies in Georgia. The attorney orders and organizes complete medical records from every treating provider, coordinates referrals where a client needs specialists or treatment under a letter of protection, and calculates the full damages picture, both economic losses such as medical bills and lost wages and noneconomic harm such as pain and suffering. The attorney then prepares and sends the demand letter that opens settlement negotiations, addressed in the discussion of what goes into a Georgia demand letter, and negotiates with the adjuster through rounds of offers and counteroffers.

During Litigation: The Legal Process

If pre-litigation negotiations do not resolve the matter, the attorney files suit and manages the litigation. This includes drafting and filing a complaint that identifies the defendants, the legal claims, and the damages, and handling service of process, including service on out-of-state defendants through Georgia’s long-arm statute. The attorney conducts discovery, which involves drafting interrogatories, requests for production, and requests for admission, preparing the client for deposition, deposing the defendant and witnesses, and subpoenaing records from third parties such as carriers, surveillance holders, and employers. The attorney retains and coordinates expert witnesses, including accident reconstructionists, medical experts, economic and vocational experts, life-care planners, and biomechanical experts, a subject addressed in the discussion of expert witnesses in Georgia. The attorney also responds to defense motions, including motions to dismiss, summary-judgment motions, and challenges to expert testimony.

SB 68, effective April 21, 2025, changed several procedural features relevant at this stage. It introduced a discovery stay that can pause formal discovery for a period after a defendant files a motion to dismiss, which increases the importance of pre-suit evidence preservation. It established a framework allowing either party to demand a bifurcated trial, separating the liability phase from the damages phase before the same jury, under OCGA 51-12-15, subject to exceptions for smaller cases and certain sensitive matters. It also limited the use of voluntary dismissal in certain circumstances. The attorney’s litigation strategy accounts for these changes. Many Georgia courts require mediation before trial, which the attorney prepares for and attends.

At Trial: Presenting the Case

When a case proceeds to trial, the attorney’s work includes jury selection, opening statements, direct examination of the plaintiff’s witnesses, cross-examination of defense witnesses and experts, introduction of exhibits and demonstrative evidence, closing argument, and post-verdict motions where necessary. Trial presentation in Georgia now operates within SB 68’s constraints on how a noneconomic-damages figure may be argued: under OCGA 9-10-184, a figure for pain and suffering must be rationally related to the evidence, which affects how an attorney frames such arguments in opening and closing. The presentation of medical specials also reflects OCGA 51-12-1.1, under which the amounts actually paid for care are admissible alongside billed charges so the jury can determine the reasonable value of necessary care.

Post-Settlement: Distribution

After a settlement or verdict, the attorney manages the distribution of funds. This includes negotiating subrogation claims and medical liens, which can often be reduced, resolving any Medicare or Medicaid claims, calculating the net distribution after fees, case expenses, and liens, and disbursing the funds. Subrogation and lien resolution can materially affect the net amount, and Georgia’s made-whole framework bears on how certain non-ERISA health-insurer subrogation claims are handled, a subject addressed in the discussion of subrogation in Georgia. How attorney fees are structured and what is deducted from a recovery is addressed in the discussion of how much a car accident lawyer costs in Georgia.

How Fees Generally Work

Most Georgia car accident representation proceeds on a contingency basis, meaning the fee is a percentage of any recovery and is paid only if there is a recovery, with case expenses typically advanced and then reimbursed from the settlement or verdict. SB 68 added a rule under OCGA 9-15-16 barring double recovery of the same attorney fees and made contingency-fee agreements inadmissible as evidence of the value of legal services, but it did not restrict the bad-faith and stubbornly-litigious fee remedy of OCGA 13-6-11 to contract actions, so that remedy remains available in tort. These rules govern how fees are recovered and presented rather than dictating any particular fee in a given matter.

Illustration: A Case Timeline

To show the typical sequence rather than predict any result, consider an outcome-neutral timeline. In the first weeks an attorney sends preservation letters, gathers the police report, and begins assembling records. Over the following months treatment continues toward maximum medical improvement, after which a demand is prepared and sent. If negotiations do not resolve the claim, suit is filed and discovery proceeds over a period of months, followed by mediation and, if necessary, trial. After resolution, liens and subrogation are negotiated and funds are distributed. The sequence and durations are illustrative only and vary widely with the facts, the court, and the injuries.

Frequently Asked Questions

What does a car accident attorney do before filing a lawsuit?
Pre-litigation work typically includes sending evidence-preservation letters, obtaining the police report and medical records, identifying liable parties and coverage, calculating damages, and preparing and negotiating a demand to open settlement discussions.

How did SB 68 change the litigation process?
SB 68 introduced a discovery stay tied to motions to dismiss, allowed either party to demand a bifurcated trial under OCGA 51-12-15, limited voluntary dismissal in certain circumstances, and constrained how noneconomic-damages figures may be argued under OCGA 9-10-184.

What happens to a settlement after it is reached?
The attorney negotiates medical liens and subrogation claims, resolves any Medicare or Medicaid interests, calculates the net distribution after fees, expenses, and liens, and disburses the funds.

How are attorney fees typically structured in Georgia car accident cases?
Representation commonly proceeds on a contingency basis, with the fee a percentage of any recovery paid only if there is a recovery and case expenses advanced and later reimbursed.

Sources and Legal Authorities

• OCGA 51-12-15 (SB 68; bifurcated trial framework)
• OCGA 9-10-184 (SB 68; anchoring of noneconomic-damages figures)
• OCGA 51-12-1.1 (SB 68; reasonable value of medical care; amounts paid admissible)
• OCGA 9-15-16 (SB 68; no double recovery of attorney fees) and OCGA 13-6-11 (bad-faith/stubbornly-litigious fees, still applicable in tort)
• OCGA 33-24-56.1 (Georgia made-whole rule) as it bears on subrogation at distribution

Disclaimer

This article is general legal information about the work a car accident attorney performs in Georgia, not legal advice, and it is not provided by a law firm. Procedure and fee recovery are governed by Georgia law, including changes under SB 68 (effective April 21, 2025); laws change over time. Anyone with a specific question should consult a licensed Georgia attorney about the particular facts.