How Long Does a Personal Injury Case in Georgia Take?

Unfortunately, it is difficult to give a precise answer to this question. Depending on the factual and legal complexity of the case, a personal injury lawsuit may take as little as a few months or as long as two years to conclude. Many factors may come together to shorten or lengthen the timeline of your case.

That said, do not be discouraged. With patience and the help of a knowledgeable attorney, you can secure significant compensation for injuries sustained at little to no fault of your own. The legal team at Spiva Law Group is ready to evaluate your case, make sure you know your rights, and answer any questions you may have in a free, no-obligation consultation. You pay nothing unless we win your case.

What Are the Steps in a Georgia Personal Injury Lawsuit?

Personal injury lawsuits allow accident victims to pursue compensation for injuries sustained in accidents caused at little to no fault of their own. Depending on the nature and severity of their injuries, victims may be entitled to significant compensation. However, the process of securing this compensation can be complex and time-consuming. The remainder of this section briefly goes over the basic steps involved in most personal injury lawsuits.

• Demand letter – Lawsuits normally begin by sending a demand letter to the defendant. The letter should explain your allegations and the amount you believe you are owed in compensation.
• Filing a complaint – A complaint is the document you file to officially initiate a lawsuit in court. Like a demand letter, the complaint should set out your allegations against the other party and how much you believe they owe you.
• Serving the complaint – You must notify the other party when the lawsuit is officially filed, typically by serving them with a summons and a copy of the complaint. You can contact your local police department or hire a process server to deliver these documents.
• Exchanging evidence – Both sides will participate in a process known as “discovery,” which involves exchanging evidence with the other side by submitting written questions, performing depositions, and filing requests for documents.
• Attending mediation – Some parties attempt mediation before going to trial. In mediation, a neutral third-party works with the opposing sides of a lawsuit to reach a compromise and avoid going to court.
• Going to trial – If you cannot resolve your case through mediation or an out-of-court settlement, the lawsuit may then be heard in court. A judge or jury will hear evidence from both sides and decide the case at trial.

 Will My Case Go to Court?

Contrary to popular belief, most personal injury cases never actually go to court. Though a lawsuit may be filed, it is often in the best interest of both parties to avoid trial, which can be very expensive and time-consuming. Some factors that may influence whether your case is ultimately argued at trial include the following:

• The at-fault party’s insurance provider denies your claim or makes a low settlement offer, suggesting the adjuster believes their company is not liable for your injuries or that your demands are excessive.
• Significant disputes over who caused your injuries, which parties are financially responsible for your losses, or whether you were partially responsible for the accident.
• High monetary stakes, which may encourage the at-fault party and their insurers to take the case to court to try and reduce their liability.

What Compensation Can I Receive Through a Personal Injury Lawsuit?

If your personal injury lawsuit is successful, you could recover monetary compensation for the following injury-related losses:

• Hospital bills and other medical expenses you incur due to your injuries
• Incidental expenses, like out-of-pocket costs for medical travel
• Reduced income from any time you miss at work due to your injuries
• Projected loss in earning capacity if your injuries cause a long-term disability
• Subjective losses, such as your pain, suffering, and lowered quality of life
• Repair or replacement costs of damaged personal property

How Long Do I Have to File a Personal Injury Lawsuit After an Accident?

In Georgia, many personal injury lawsuits such as car wrecks are subject to a two-year filing deadline, meaning you must take legal action before two years pass after the date you are injured. Beware that statutes can vary depending on various facts.  Factors to consider include medical malpractice, claims involving minors, pending criminal charges, cases against cities, counties, states and other municipalities. Exceptions can shorten or lengthen the time period. The two-year deadline as it relates to car crashes, dog bites, slip and falls comes with a few very narrow exceptions, you should not rely on them before consulting with an attorney to determine whether they apply in your case.

If you miss the correct deadline, your case will most likely be dismissed in court. In turn, your resulting inability to sue will give the defendant in your case the upper hand during out-of-court settlement negotiations. To avoid these consequences, consult with an attorney as soon as possible after suffering a personal injury at little to no fault of your own.

How Can a Personal Injury Attorney Help?

If you believe you have a valid personal injury claim, you should contact an experienced attorney as soon as possible. A knowledgeable lawyer can help you by:

• Making sure you know your rights and options
• Determining the value of your claim
• Investigating the cause of your injuries
• Gathering incident reports, medical records, and other evidence to substantiate your case
• Communicating with the at-fault party, their insurers, and other relevant parties on your behalf
• Interviewing witnesses and experts for valuable testimony
• Handling paperwork and drafting filings in your case
• Making sure no important deadlines are missed
• Negotiating aggressively with the at-fault party to maximize your settlement
• Preparing your case for trial and representing you in court if a reasonable settlement cannot be reached

Contact a Georgia Personal Injury Lawyer

Many people are understandably intimidated by the idea of filing a lawsuit. However, if you were injured in an accident you did not cause, the best thing to do is consult with an experienced personal injury attorney early on. This will maximize your chances of securing the full and fair compensation you deserve.

The legal team at Spiva Law Group is ready to make sure you know your rights and get you started on the road to compensation. Contact us today to schedule a free, no-obligation consultation with an experienced personal injury attorney in Georgia.