A person may have a personal injury claim after a car accident, slip-and-fall accident, medical malpractice incident, or other circumstances in which someone else’s negligence caused them to suffer serious injuries. They can seek financial recovery from those responsible for causing their severe injuries through the personal injury claim process, including seeking compensation for medical expenses, lost wages, and pain and suffering. Understanding what to expect in the Georgia personal injury claim process can prepare you to pursue a maximum financial recovery. A knowledgeable personal injury lawyer can also walk you through the claims process and advocate for your rights and interests.
What Are the Three Phases of a Georgia Personal Injury Case?
A Georgia personal injury claim involves three major phases. The opening phase includes the initial steps of a personal injury claim, including:
- Obtaining legal representation from a personal injury attorney
- Working with your attorney to investigate your personal injury claim and recover evidence and documents, such as accident scene photos and videos, accident reports, witness statements, and medical records
- Assessing your injuries and losses, including estimated future anticipated expenses or lost income.
The second phase of a personal injury case involves the preliminary steps the parties may take to resolve the injury claim. During this phase, you and your attorney may send a demand letter to the alleged liable party to notify them of the claim and demand compensation, including compensation for your medical bills, lost wages, loss of future earning ability, and non-economic damages, including pain and suffering and emotional distress. Alternatively, you may file a claim with an at-fault party’s insurance provider. After sending an insurance claim or demand letter, you may pursue settlement negotiations to resolve the case.
Should you fail to reach a full and fair settlement, a personal injury case will reach the third phase of litigation. You may file a lawsuit against one or more parties, alleging that they bear responsibility for causing your injuries or liability for your financial and personal loss.
After both parties file their initial pleadings, a personal injury lawsuit proceeds to discovery, which involves the exchange of evidence and deposition of witnesses to put all the facts and evidence on the table and narrow down the remaining disputes for trial.
Without a settlement, the case will eventually reach a trial. Both parties may present evidence and witness testimony and cross-examine each other’s witnesses. You have the burden of proving by a preponderance of the evidence that the defendant(s) bear liability for your injuries and losses. Contact our Georgia personal injury lawyer today.
What Is a Demand Letter in a Personal Injury Lawsuit?
A demand letter represents a formal notice of a personal injury claim. An injured person usually sends a demand letter to the party responsible for their injuries or losses or to that party’s insurance company. A demand letter summarizes the evidence supporting your legal claim against the other party to demonstrate the strength of your claim. As the name suggests, the demand letter also demands the other party provide a specific amount of compensation based on the documentation of your expenses or losses. A demand letter is a starting point for settlement negotiations between the two sides of a personal injury case.
How Long Can the Georgia Personal Injury Process Take?
Resolving a personal injury claim can take weeks to years, depending on numerous factors. You may obtain a settlement within a few weeks of notifying the party or their insurer in a less complex injury case. However, personal injury claims involving complex evidence or legal issues may take months or years to reach trial.
Some of the factors that can affect the timeline of your personal injury case in Georgia include:
- The severity of your injuries
- The duration of your medical treatment and rehabilitation
- Whether your injuries result in permanent disabilities or impairments
- The amount of time you spend out of work, or lost wages, and whether you can ultimately return to work
- The complexity of the evidence in the case, including whether the case involves physical or accident reconstruction evidence
- The availability of insurance coverage
- Whether you can negotiate a settlement of your claim
- Whether you must pursue your claims in court
- The schedule and availability of the court presiding over the personal injury lawsuit.
Should I Talk to the At-Fault Party’s Insurance Company If They Contact Me?
After an accident, the at-fault party’s insurance company may contact you to discuss your potential claim or ask you to give a written or recorded statement about the accident. Although the insurance adjuster may sound like they want to help you, the at-fault party’s insurance company will look for any avenue to minimize or deny your injury claim. Generally, you should decline to speak with the at-fault party’s insurer until you have consulted with a personal injury attorney.
When you have a personal injury lawyer, you can request that the insurance company direct all communication to your attorney. Your personal injury lawyer can provide the insurer with the information it needs for your claim and protect your rights and interests. Our Atlanta personal injury lawyer can help.
What Is the Statute of Limitations on Personal Injury Cases in Georgia?
It is essential to consult with an experienced personal injury attorney. Under Georgia’s statute of limitations for personal injury claims, you typically have two years to file a personal injury lawsuit against those responsible for your injuries and losses. Certain circumstances may change the deadline for pursuing a personal injury case, such as when you don’t immediately discover your injury or the identity of the party who caused your injury. Furthermore, shorter deadlines may apply to personal injury lawsuits filed against a government agency in Georgia.
Because you have limited time to pursue your legal claims, you can best protect your interests by speaking with a personal injury lawyer as soon as possible after getting hurt. Even though you may have suffered serious injuries due to someone else’s negligence, you may be unable to recover compensation in a personal injury settlement or judgment if you miss the filing deadline.
Our Atlanta Personal Injury Lawyers Are Ready to Help You
If you suffered injuries in an accident due to another party’s negligence or fault, a personal injury attorney can guide you through the claims process. Contact Bayuk Pratt today for a free consultation with a dedicated personal injury lawyer. With more than 50 years of combined experience and a record that includes more than $300 million recovered on behalf of our clients, we can help you understand what to expect when going through the personal injury claims process and work hard to pursue the compensation you deserve.
