What Is the Trial Process Like in Georgia for Personal Injury Claims?
There are several types of personal injury claims, including car accident claims, work-related accident claims, workers’ comp claims, and products liability claims, to name just a few. Not all personal injury claims end up going to trial. In fact, the vast majority end up being settled without having to go to court.
If you hire a personal lawyer to handle your case, chances are good they will successfully settle your claim with the at-fault party’s insurance company. But there are scenarios where you might have to go to court, such as a situation where the insurance company believes their policyholder was not at fault for your injuries.
If your claim is worth much more than what you’re being offered, a skilled attorney may recommend escalating matters to a civil court. Whether or not you take them up on this offer is entirely up to you.
Understanding what a civil trial process entails will help you make an informed decision.
What Are the Stages of a Person Injury Claim in Georgia?
People who’ve been injured in an accident have two years after the date of injury to file a personal injury claim. The proceedings leading up to a claim or case resolution are often time consuming and consist of several stages. Many accident victims decide to hire a personal injury attorney who understands the intricacies of the legal process and knows how to investigate accidents, negotiate with insurance companies and litigate in court.
When you first meet with a lawyer they will try to determine if your case is worth pursuing. Their decision will depend on several factors, including the severity of your injuries, the strength of gathered evidence and whether the defendant had adequate insurance coverage at the time of the accident. The latter is especially important because without insurance, it’ll likely be impossible for you and your lawyer to receive compensation for your injuries.
Once a lawyer decides to take on your case, they will evaluate how much your case is worth and begin negotiating with the defendant’s insurance company. Depending on the outcome of the negotiation, your attorney will either reach a satisfactory settlement outside of court or may decide to escalate your case to a lawsuit if the insurer has denied or disputed your claim.
A competent attorney shouldn’t settle for less than what you deserve if going to court offers a good chance of winning a verdict that’s better than the insurance company’s settlement offer. If you suspect your personal injury lawyer isn’t doing what’s in your best financial interest, you may want to get a second opinion.
What to Expect in a Personal Injury Trial
Once a lawsuit has been filed, the plaintiff and the defendant will repeat the process of information gathering, which is called discovery. Both parties will have to submit the information requested by the other side, including sworn statements, medical documents, police reports and any other evidence pertaining to the case.
Once information has been exchanged and your lawyer has built their case, it’s time to go to trial. There, each side will present their case and leave it up to a judge or jury to decide its outcome. After hearing all arguments, the jury will deliberate long enough to reach a verdict, they will decide one of the following: to award you the compensation you asked for, give you less than what you asked for or award you nothing at all.
At this stage, the trial is concluded unless one party decides to appeal the verdict.
How Long Will My Personal Injury Case Take?
Everyone likes fast results. However, when it comes to negotiating compensation, you may get better results if you take your time. A lot of personal injury cases take between two months to three years to resolve, but the exact timeframe for a resolution will depend on several unique circumstances, including:
- Whether your case is settled outside of court or ends up going to trial
- How many people are involved; cases with multiple or corporate defendants generally take longer than civil cases between individuals
- The location of the trial
- How long it takes to determine the total long-term costs of your injuries
- Complexity of proving fault for an injury
Are You Considering Filing a Personal Injury Claim? We’ll Help You Find the Right Atlanta Personal Injury Lawyer
If you’re seeking a lawyer to help you with your personal injury claim, we’re here to connect you with the right person. At ATL Elite Lawyers, we’ll refer you to skilled and dedicated lawyers who won’t hesitate to represent you in and out of the courtroom.
To schedule a free consultation with one of our recommended attorneys, send us a message or contact one of these Atlanta personal injury law firms.
