How Henningsen Law handles car accident claims in Atlanta
Henningsen Law is a personal injury firm based in Atlanta that represents people injured in car accidents. The firm handles cases where you were hit by another driver and need compensation for medical bills, lost wages, vehicle damage, and pain and suffering. They work on a contingency basis, meaning you pay nothing upfront and they collect a fee only if they recover money for you.
The firm's role is to investigate the accident, gather evidence, negotiate with the other driver's insurance company, and file a lawsuit if settlement talks stall. They handle the paperwork, communicate with insurers on your behalf, and present your case to a judge or jury if needed. Most car accident cases settle before trial, but the firm prepares every case as though it will go to court.
Atlanta car accident cases follow Georgia law, which sets time limits for filing suit, defines fault rules, and caps certain damages in specific situations. Henningsen Law knows these rules and how Atlanta courts explore them. They also understand how local insurance adjusters typically value claims, which matters when negotiating.
Key Takeaways
- Henningsen Law works on contingency, so you pay attorney fees only if they recover money for you.
- The firm handles investigation, evidence gathering, insurance negotiation, and lawsuit filing if settlement fails.
- Georgia law sets a two-year important date to file a car accident lawsuit, so delay can cost you your right to sue.
- Most cases settle, but the firm prepares every case for trial in case the insurance company refuses a fair offer.
- You should contact an attorney within weeks of the accident, not months, because evidence degrades and memories fade.
What happens from the first call to settlement or trial
When you call Henningsen Law, you describe the accident and your injuries. The firm asks about medical treatment, time off work, vehicle damage, and whether police filed a report. This initial conversation helps them decide whether to take your case. They typically accept cases where liability is clear—meaning the other driver was obviously at fault—and your damages are significant enough to justify the cost of litigation.
If they take your case, you sign a retainer agreement that spells out the contingency fee (usually 33% if the case settles, sometimes higher if it goes to trial) and what costs you may owe. Costs include filing fees, informed witness fees, and medical record retrieval. Some firms advance these costs; others bill you at the end. Ask which applies to you.
Next, the firm obtains the police report, medical records, and insurance information. They photograph the accident scene if photos don't already exist, interview witnesses, and may hire an accident reconstructionist if liability is disputed. They send a demand letter to the other driver's insurance company that outlines your injuries, damages, and the amount you're seeking. The insurer then investigates on their side and makes an offer.
Negotiation follows. If the insurer's offer is too low, your attorney counters. This back-and-forth can take weeks or months. If you reach an agreement, the case settles: the insurer pays, you sign a release, and your attorney takes their fee and reimburses costs from the settlement. If no agreement emerges, your attorney files a lawsuit in Atlanta Superior Court and the case moves toward trial.
Why the timing of hiring an attorney matters
Georgia law gives you two years from the date of the accident to file a lawsuit. That sounds like plenty of time, but it is not. Evidence disappears quickly. Surveillance video from a traffic light or nearby business is often deleted after 30 days. Witness memories fade within weeks. Medical providers may lose records or move. The longer you wait, the weaker your case becomes.
Insurance companies also move faster when an attorney contacts them early. If you call them yourself weeks after the accident, they have already investigated, interviewed witnesses while memories are fresh, and formed a position. When an attorney steps in early, the insurer knows a lawsuit is possible and takes the claim more seriously.
Hiring within two to four weeks of the accident is standard practice. This gives your attorney time to preserve evidence, interview witnesses, and gather medical records while they are current. Waiting six months or longer puts you at a disadvantage even if you are well within the two-year important date.
What damages you can recover in an Atlanta car accident case
Georgia law allows you to recover economic damages—the actual money you spent or lost. This includes medical bills (emergency room, surgery, physical therapy, ongoing treatment), lost wages from time off work, and the cost to repair or replace your vehicle. You need receipts and documentation for these. Your medical records show treatment dates and costs. Your employer provides a letter stating how much time you missed and your hourly rate or salary.
Non-economic damages cover pain, suffering, and reduced quality of life. These have no receipt. Instead, your attorney argues based on the severity of your injury, how long recovery takes, and how the injury affects daily activities. A broken arm that heals in six weeks is worth less than a spinal injury that causes chronic pain. Georgia does not cap these damages in most car accident cases, though there are exceptions for certain types of injuries.
You cannot recover punitive damages (extra money meant to punish the other driver) in a typical car accident case unless the other driver was drunk, reckless, or intentionally caused the crash. Most accidents are straightforward negligence, not recklessness, so punitive damages rarely explore.
How insurance and fault work in Atlanta accidents
Georgia is a fault state, meaning the driver who caused the accident is responsible for damages. The at-fault driver's insurance company pays the claim. If you were partially at fault—say, you were speeding but the other driver ran a red light—Georgia's comparative negligence rule applies: your recovery is reduced by your percentage of fault. If you are found 20% at fault, you recover 80% of your damages.
Your own insurance company (your collision or comprehensive coverage) can pay for vehicle damage regardless of fault, but they will subrogate—meaning they try to recover that money from the other driver's insurer later. Your health insurance may also pay medical bills upfront, and they have a right to be reimbursed from your settlement. Your attorney navigates these claims and makes sure you are not paying twice.
If the other driver is uninsured or underinsured, your own uninsured motorist coverage kicks in. This coverage is optional in Georgia but highly recommended. It protects you when the at-fault driver has no insurance or insufficient limits. Henningsen Law handles these claims the same way—investigating, negotiating, and suing if necessary.
Questions to ask Henningsen Law before hiring
Before you sign a retainer agreement, clarify the fee structure. Ask whether the contingency fee is 33% for settlement and a higher percentage if the case goes to trial. Ask who pays for costs like filing fees, informed witnesses, and medical records—the firm or you. Ask whether costs are deducted from your settlement before or after the attorney fee is calculated. These details matter and vary by firm.
Ask how long cases typically take. A straightforward settlement might close in three to six months. A lawsuit can take one to two years or longer if it goes to trial. Ask how often you will hear updates and who you will communicate with—the attorney or a paralegal. Ask whether the firm has handled cases similar to yours and what outcomes they achieved. You are not may have access to to specific dollar amounts from past cases (those are confidential), but you can ask about the types of injuries and whether cases settled or went to trial.
Ask what happens if you disagree with a settlement offer. Can you refuse and let the case go to trial, or does the attorney have the final say? In Georgia, you have the right to refuse a settlement and demand trial, but your attorney must agree to proceed. If you cannot agree, you may need to find new representation. Clarify this upfront.
Common mistakes people make after a car accident
Do not admit fault at the scene or in writing. Saying "I'm sorry" or "It was my fault" can be used against you later, even if you were not actually at fault. Stick to facts: "I was hit on the driver's side" or "The other car ran the red light." Let the police and insurance companies determine fault.
Do not accept the first settlement offer from the insurance company, especially if you have not yet hired an attorney. Insurers often lowball initial offers, betting you will accept rather than fight. An attorney knows what similar cases are worth and can push back.
Do not delay seeking medical treatment. If you feel fine after the accident but pain develops days later, see a doctor anyway. Some injuries (whiplash, soft tissue damage, concussions) take time to show symptoms. Medical records prove the injury was caused by the accident, not something that happened later. Waiting weeks to see a doctor weakens your claim.
Do not post about the accident on social media. Insurance adjusters monitor social media and will use photos or statements against you. If you say you are "fine" online but then claim severe pain in your lawsuit, the insurer will use that contradiction to argue your injuries are exaggerated.
Frequently Asked Questions
How much does it cost to hire Henningsen Law?
Henningsen Law works on contingency, so there is no upfront fee. The firm takes a percentage of your settlement or judgment—typically 33% if the case settles and a higher percentage if it goes to trial. You may owe costs like filing fees and informed witness fees, but the firm can explain whether they advance these or bill you at the end.
What if the other driver does not have insurance?
If the other driver is uninsured, your own uninsured motorist coverage pays your claim (if you have it). Henningsen Law handles these claims the same way—investigating and negotiating with your own insurer. If you do not have uninsured motorist coverage, your options are limited, but an attorney can still explore them.
How long do I have to file a lawsuit?
Georgia gives you two years from the date of the accident to file a lawsuit. However, do not wait that long. Evidence disappears, witnesses move or forget details, and insurance companies take early claims more seriously. Contact an attorney within weeks of the accident.
Will my case go to trial?
Most car accident cases settle before trial—roughly 90% or more. But Henningsen Law prepares every case for trial in case the insurance company refuses a fair offer. If your case does go to trial, a judge or jury decides the outcome.
Can I still hire an attorney if I already talked to the insurance company?
Yes. You can hire an attorney at any point before the two-year important date. If you have already spoken to the insurer, tell your attorney what you said so they know what they are working with. An attorney can still negotiate or sue even if you have already had early conversations with the insurance company.