The Steps in a Personal Injury Lawsuit in Georgia Explained

The Steps in a Personal Injury Lawsuit in Georgia Explained

Personal injury lawsuits in Georgia follow a structured process that officially begins with filing a complaint and ends after the appeals process concludes. If you suffered injuries due to someone else’s actions or inaction, knowing the steps toward recovering compensation is essential to making the most of your lawsuit.

Initial Consultation with an Attorney

The unofficial start of most personal injury lawsuits is meeting with an attorney. Most personal injury attorneys, including those at Kaufman Injury Law, offer free consultations. During these initial consultations, the attorney will review the facts of your case and explain your legal options.

When you hire an attorney to handle your case, you gain access to their knowledge and experience. At Kaufman Injury Law, our attorneys have been handling personal injury cases throughout Georgia for decades and have a track record of achieving favorable outcomes for clients.

Treatment

At the same time, you should also get medical treatment for your injuries. First and most importantly, prompt medical care is crucial to improving your long-term prognosis. Second, it creates important evidence about the extent of your injuries and the cost of treating them. Finally, it can be difficult to anticipate the long-term effects of an injury before you have reached maximum medical improvement—the point at which further treatment will not meaningfully improve your situation. Only then can medical and economic experts accurately project the future financial and personal costs of those injuries.

Investigating the Incident

Once you decide to move forward with an attorney, they will thoroughly investigate the case. This investigation may involve gathering evidence, interviewing witnesses, and working with experts to reconstruct how the accident occurred or to understand the impact of your injuries.

Sending the Demand Letter

Once your attorney has determined who’s to blame for the accident and what you’ve suffered as a result, they can send a demand letter to the at-fault party. This letter outlines the facts of the case, why the recipient is liable for your injuries, and what you need in compensation for those injuries. This can include the cost of medical treatment, lost wages, and other financial losses, as well as personal ones like pain and suffering and diminished quality of life.

Settlement Negotiations

The parties typically enter settlement negotiations once they have a clear understanding of the case’s strengths and weaknesses. The purpose of these negotiations is to reach an agreement that will benefit both parties and avoid a costly and lengthy trial.

Your attorney will negotiate with the other party’s insurance company on your behalf, seeking a settlement that covers your medical bills, lost wages, and pain and suffering. If both sides agree on a settlement, the case ends here.

Filing the Lawsuit

If settlement negotiations reach an impasse, your attorney will file a formal complaint in court, marking the start of your formal lawsuit. Under the personal injury statute of limitations set in Georgia Code Section 9-3-33, you have two years from the date of your injury to file your lawsuit. Failing to file within this period may cost you the right to seek compensation through the court system.

Pretrial Proceedings and Discovery

Once your lawsuit is filed and the defendant files its answer to your complaint, your case will head into the discovery phase. This is where both sides ask questions of each other and share documents and other evidence. The goal of discovery is for both parties to have a complete understanding of the case before going to trial.

Trial

If settlement negotiations fail, the case proceeds to trial. During the trial, both sides present evidence, call witnesses, and make arguments before the jury. The jury then decides whether the defendant is liable and, if so, how much compensation you should receive.

Verdict Appeals

After a trial, either party may choose to appeal the decision if they believe a legal error occurred. The appeals process can significantly extend the duration of the lawsuit.

Contact an Atlanta, Georgia, Personal Injury Attorney

If you suffered an injury caused by someone else’s negligent or intentional actions, you need an attorney who is willing to take your case to trial. Contact Kaufman Injury Law today for a free consultation with one of our experienced personal injury attorneys. We’ll review your case and go over your legal options.