Navigating Atlanta’s Courts for Personal Injury Claims

If you are considering filing a personal injury lawsuit, you may imagine weeks of trials culminating in a dramatic verdict, as we have often seen on TV. However, the reality is that the majority of personal injury cases never go to trial. Department of Justice figures show that as few as 3 percent of tort or personal injury cases go to trial. 

A personal injury case may go to court for several reasons. The defendant’s personal injury lawyer may think he or she has a good chance of winning the case, or the lawyer may believe the settlement demand is too high. In other cases, the insurance company may be wary of setting a precedent by settling out of court.

If your case goes to trial, it is important to understand how Atlanta courts work. In this post, we will take a closer look at the stages of a personal injury claim that goes to court. We will see how an experienced personal injury attorney can navigate the legal proceedings on your behalf and give you the best chance of a successful outcome.

Understanding Personal Injury Claims

Personal injury claims are governed by tort law. A tort is a civil wrong, such as a personal injury, property damage, or economic damage, that can be put right through the payment of compensation. In most personal injury cases, the tort is due to someone else’s negligence, and you have the right to seek fair compensation for the injuries and losses caused by the at-fault party.

Every personal injury lawsuit, whether it goes to court or is settled at the negotiating table, must satisfy the following 4 legal criteria to be successful:

1. Duty of care: A personal injury lawyer must establish that the defendant had a duty of care toward the plaintiff
2. Breach of duty of care: The defendant breached the duty of care through intentional or negligent actions; in complex cases, multiple parties may bear a proportion of liability for your injuries
3. Cause: A personal injury lawyer must prove that your injuries directly resulted from the other party or parties’ actions
4. Damages: You are entitled to recover damages for the losses you suffered as a result of your injuries; this may include medical expenses, lost wages, property damage, and non-economic losses, such as pain and suffering

In Georgia, you must file a personal injury lawsuit within 2 years. A personal injury lawyer may be able to help file your lawsuit on time and build a strong case for compensation. However, there are several steps you can take to protect your legal rights and give yourself the best chance of success immediately after your accident. 

Steps to Take After a Personal Injury

Whether you are injured in a car crash, a slip-and-fall accident, or another scenario, there are several crucial steps to take immediately.

Seek medical attention

One mistake people sometimes make after sustaining a personal injury is downplaying its seriousness. Due to embarrassment, you may try to brush it off and say you feel fine. However, later, you may realize that your injuries are more serious than they first appeared.

So always seek immediate medical attention after any accident, even seemingly minor ones. Doing this will create a medical report and may help your attorney prove the link between your accident and your injuries. 

The doctor will also outline any further medical treatment needed in the report. Complying with this could prove that you did everything possible to minimize the seriousness of your injuries. If you fail to seek medical attention, the other party’s insurance company may argue that your injuries were not sustained in the accident and refuse to pay compensation. 

If you do not follow up on the treatment recommended by the doctor, the insurer may claim that you deliberately overexaggerated the impact of your injuries. So, for your personal well-being and that of your personal injury case, seek medical attention and comply with the recommendations provided by the doctor.

Report your accident

Depending on the nature of your accident, you may have to file different types of reports, including:

• Police reports: Under Georgia law, you must report any car accident causing death, injury, or property damage above $500. Practically, almost all car accidents must be reported to the police. The police will attend and create a report, which could be crucial evidence if your case goes to court.
• Workplace accident reports: If you get injured on the job, you must report it to your employer or supervisor within 30 days, according to the Georgia Workers’ Compensation Act (GWCA). However, it is best to report it immediately to create a clear link between your accident and the injuries you suffered.
• Insurance reports: Exact requirements vary depending on the insurance company, but you will usually be required to notify your insurer as soon as possible after an accident. Most insurance companies also require you to file a police report in order to process your claim. However, be very cautious and only report the facts to your insurance company. Talk to a car accident attorney as soon as possible, and let him or her handle all discussions with your insurer.
• Premises accident report: Slip-and-fall accidents must be reported to the property owner as soon as possible. Ask the owner to create an incident report and ask for a copy. Do not skip this step; it could be crucial evidence proving the incident happened in the way you said.

Meet with a personal injury attorney

Most law firms offer a free consultation with a personal injury attorney. This is your opportunity to understand your rights and the legal process for pursuing compensation. The lawyer may even be able to give you a ballpark figure for your settlement or award if the case goes to court.

Here are a few pointers for your first meeting with a personal injury attorney:

• Come armed with the details: The personal injury lawyer needs as much information as possible about your accident to provide tailored legal advice. So be prepared to go into detail and explain exactly what happened as objectively as possible.
• Bring your documentation: Gather all your evidence, including medical records, police reports, pay slips, medical bills, and other relevant documentation. This can help your lawyer build an initial picture of the extent of your injuries and the economic and non-economic compensation you may be entitled to receive.
• Ask questions: Choosing the right personal injury lawyer to handle your case is essential. Ask the attorney to tell you about similar cases he or she has handled in the past. Also, ask now about the lawyer’s trial record. It is crucial to choose a lawyer who is comfortable and has a winning record in the courtroom and at the negotiating table. 

If the personal injury lawyer agrees to take on your case, he or she will get to work investigating what happened. Your attorney will gather evidence to build a strong case and then send a demand letter to the insurance company to begin the negotiation process.

When a Claim Becomes a Lawsuit

Most personal injury claims do not become lawsuits. However, if settlement negotiations fail, your personal injury lawyer may have no alternative but to file a lawsuit. 

Modified comparative negligence laws may affect the insurance company’s decision to deny your personal injury claim.Georgia follows a legal doctrine that allows partially liable parties to pursue compensation as long as they are less than 50 percent liable for the accident. The other party’s insurance company may feel their case is strong enough to deny any responsibility and choose to go to court rather than provide a settlement.

At other times, insurance companies may admit liability but persist in making lowball offers. If your case involves serious injuries that require long-term care or have caused other significant losses, your personal injury attorney may advise you to go to court to seek fair damages at a jury trial.

Filing a Personal Injury Lawsuit in Atlanta

Your personal injury lawyer will act fast to file your lawsuit before the statute of limitations runs out. In Georgia, this is 2 years for personal injury lawsuits. 

The court process begins by filing the following initial court papers:

• Complaint: This details your legal claims against the at-fault party, including the parties involved, the jurisdiction, the facts of the case, the legal justification for bringing the case, the losses incurred, and the specific amount of damages requested
• Summons: This informs the defendant that he or she is being sued and must appear in court
• Notice of appearance: This informs the court that an attorney is representing you in the lawsuit

After these papers have been filed, they must be served to the defendant. This can be done by hand or by delivering them to the defendant’s last known address. He or she will then have time to file an answer, in which he or she will respond to the complaint.

The Discovery Process

During the discovery process, both sides gather evidence to build their cases. This may include depositions and interrogatories.

Depositions are interviews conducted and recorded under oath. Statements made in depositions can be used as evidence in court. An interrogatory is a set of written questions that witnesses must answer under oath.

Motions and Settlements

Before a case goes to trial, a personal injury lawyer may file a motion asking the court to rule on a particular issue in a case. Your attorney may file a motion for summary judgment if there is no dispute about the facts of the case. Another alternative is filing a motion in limine, which aims to exclude evidence that is irrelevant or could be prejudicial to the trial. 

Even at this late stage, it is still possible to settle without going to court. At times, an insurance company may decide that it is in their best interests to settle and reopen negotiations on more favorable terms.

Jury Trials in Atlanta

In Georgia, personal injury lawsuits are tried before a jury. Both sides will present evidence and argue their case in court. 

Both sides can cross-examine witnesses, and this is one of the most effective techniques for convincing a jury of your side of the argument. Therefore, choosing a personal injury attorney who excels in this area is crucial. 

If your case goes to trial, you may need to testify in court or during depositions. While it is natural to feel apprehensive, your personal injury attorney will work with you so you know what to expect and do not feel unduly intimidated.

After hearing both arguments, the jury will give its verdict. If they find the defendant liable, the jury will determine the damages he or she must pay to the plaintiff. This may be made in a lump sum or in a structured settlement paid out over time.

Appeals Process

You have the right to appeal if you do not get the judgment you hoped for. 

This process involves the following steps:

1. Filing a notice of appeal
2. Filing a brief that sets out the legal justification for your appeal
3. Being represented by your personal injury lawyer before the appellate court, which hears testimony from both sides
4. Receiving the decision from the appellate court

Let Hoffspiegel Law Navigate Atlanta Courts for You

As we have seen, getting justice in a personal injury case does not usually require a trial. However, if it is impossible to negotiate a fair settlement, you need a tenacious and experienced personal injury trial lawyer on your side to give you the best chance of success.

The personal injury attorneys at Hoffspiegel Law have years of experience in securing outstanding results for our clients. In one notable go-kart injury case that ended in a jury verdict, we secured damages of $2,000,000 for our client. The insurance company had offered a paltry $150,000. Are you ready to find out what we could do for you?

Take the first step to making things right by calling us at (762) 315-4621 to schedule a free consultation. Alternatively, visit our Atlanta office or complete our online contact form, and we will get in touch very soon.

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