An Overview of the Personal Injury Claims Process in Georgia

If someone hurts you, you have the legal right to file a personal injury claim or lawsuit against them. This process will depend on the circumstances of your injury and the path you pursue. Most cases settle without ever reaching a courtroom. A much smaller percentage must go to trial to be resolved.

An experienced personal injury lawyer from Spiva Law Group can help you navigate the complicated process. Call or contact us online for a free consultation to learn more.

What Is the Timeline of a Personal Injury Lawsuit?

The basic timeline for a personal injury lawsuit in Georgia progresses through the following steps:

1. Demand letters – You start by sending a demand letter to the liable parties outlining the incident and your request for compensation. The demand letter often includes a description of the accident, the type of injury, and the proposed settlement amount.
2. Complaint – If the liable party or their insurer does not comply with the demand letter, you can file a personal injury lawsuit. You must draft a complaint with the relevant court outlining the accident, your injuries, related treatment, and allegations against the defendant.
3. Serving the complaint – A summons informs the defendant of the lawsuit filed against them. Only a sheriff or U.S. citizen appointed by the court can serve a copy of the summons.
4. Answer – The defendant must file their answer to the complaint within 30 days of receiving the legal document. They also have the opportunity to file a counterclaim.
5. Evidence exchange– During the discovery phase, the opposing parties request evidence from each other and narrow the scope of the trial.
6. Depositions – A deposition is a recorded conversation between an attorney and a witness regarding the case. Witnesses can be experts, non-experts, and even the parties themselves.
7. Mediations – Both sides can also attend mediation to try and save everyone the expense and time of a complex or drawn-out lawsuit. If both sides can’t come to a compromise through mediation or a settlement, the trial will go to court.
8. Trial – Each lawyer will present their cases at trial. They can call witnesses to the stand, submit evidence, and make opening and closing arguments. A judge or jury serving as factfinder will make a determination based on the evidence presented to them.

How Long Does the Personal Injury Process Take?

Every personal injury case is unique. Predicting a specific timeframe for your claim is impossible. The duration of the process will depend on factors related to your case, such as:

• The nature and severity of your injury
• Whether the defendant is willing to negotiate a settlement
• The complexity and size of the case
• The value of your losses, such as medical bills and lost wages
• The court’s caseload and availability
• The amount of evidence to collect and review

What Compensation Can I Receive Through a Personal Injury Claim?

If someone else injured you, you can file a claim with the at-fault party’s liability insurance provider or a lawsuit against them directly. Regardless of your approach, you can demand compensation for the following losses:

• Emergency room visits, rehabilitation, prescriptions, and other medical costs
• Out-of-pocket expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Lower quality of life
• Property damage

Punitive damages are also recoverable in a personal injury lawsuit. These damages are meant to punish the defendant for their wrongdoing, not compensate you for something in particular.

What Is the Deadline for Filing a Personal Injury Lawsuit in Georgia?

If you choose to sue, you must file your suit against the negligent party within a strict time frame. In Georgia, the statute of limitations generally allows a two-year timeframe to file a lawsuit. That means you may have only two years from the accident date to begin your lawsuit in civil court. Failure to file on time will result in the dismissal of your case.

What Should I Do If I Have Been Injured in an Accident in Georgia?

Here are several steps you can take after an accident to protect yourself and your rights to financial recovery.:

• Report the accident – Report what happened so that there’s documentation. You can call 911 after a car crash or other serious injury. If you are hurt on someone else’s property, alert the owner or manager.
• Document the scene – Visual evidence, such as photos, is valuable in personal injury cases. But if your injury is severe, you should stay where you are and try not to move.
• Gather information from other parties and witnesses – Talk to witnesses to determine their version of events and get their names and phone numbers. You should also exchange contact information with anyone else involved in the accident.
• Seek medical attention – You must get medical care for your injury immediately after leaving the accident scene. Follow the doctor’s recommendations, as it can be harder to claim compensation if you don’t.
• Beware when speaking to insurers – The adjuster assigned to the case might contact you after the accident, hoping to find something that allows them to offer a low settlement or deny your claim. You can politely decline to speak with them and provide your lawyer’s contact information instead.
• Be careful what you share on social media – It’s best to avoid social media altogether during your ongoing case. Defense lawyers and insurance carriers often look for evidence in public accounts. Although you might think your posts are harmless, they could be valuable evidence to the opposing party.
• Contact a personal injury lawyer – Hire a personal injury attorney from Spiva Law Group to represent you in your case.

Contact a Georgia Personal Injury Lawyer

Do not put off pursuing your claim. Over time, witnesses’ memories fade, and evidence gets destroyed or lost. You’re also up against a time limit to file a lawsuit if negotiating a settlement during an insurance claim isn’t successful. Reach out to an experienced personal injury lawyer in Georgia to get started.

Spiva Law Group has over 30 years of experience fighting for accident victims in Georgia. When you decide to work with us, you won’t be treated like another case number. You will be our priority and receive the personalized attention and support you deserve.

If you sustained injuries in an accident someone else caused, call or contact us online for a free consultation with a Savannah personal injury lawyer.