If you’ve been hurt in Georgia in an accident that was someone else’s fault, you may have the right to seek compensation through a personal injury claim. The personal injury process in Georgia can involve numerous steps: conducting a thorough accident investigation, submitting insurance claims or demand letters, undertaking settlement negotiations, and going to court and trial if negotiations fail to produce a settlement.
A knowledgeable lawyer from Sherrod & Bernard, P.C., can guide you through each step of the Georgia personal injury process.
What Is a Personal Injury Claim in Georgia?
A personal injury claim allows an injured individual to obtain compensation from the parties legally responsible for the injuries and resulting financial and personal losses. Personal injury claims arise when a party commits a tort, including:
- Negligent torts, such as car accidents or medical malpractice
- Intentional torts, such as assault
- Strict liability torts, such as defective product accidents
Step-by-Step: The Georgia Personal Injury Claim Process
The duration of a personal injury claim depends on several factors. However, when a claim proceeds all the way through litigation, the primary steps of a Georgia personal injury case timeline include:
Step 1 – Get medical care and protect your health
After an accident, a person should immediately seek medical attention to diagnose any injuries and begin treatment and recovery. Injured people should also remember to obtain copies of treatment and rehabilitation records, which can serve as key evidence.
Step 2 – Talk to a Georgia personal injury lawyer
Injured people should seek legal counsel from Sherrod & Bernard, P.C., as soon as possible to discuss their legal rights and the possibility of pursuing a personal injury claim to seek fair compensation for losses stemming from their injuries.
Step 3 – Investigation and gathering evidence
A personal injury attorney at Sherrod & Bernard, P.C., can help an injured party gather the evidence needed to build an effective compensation claim, including evidence from the accident that caused injuries and expert witness testimony.
Step 4 – Demand letter and pre-suit negotiations
Most personal injury settlement negotiations begin with a formal demand letter, in which an injured party or their counsel lays out the evidence supporting their claim and requests a specific amount of compensation from the insurance company.
Step 5 – Filing a lawsuit if a settlement can’t be reached
When settlement negotiations fail to produce a fair settlement, an injured person may need to file a lawsuit to continue pursuing their personal injury claim in court.
Step 6 – Discovery and case preparation
During a personal injury lawsuit, the parties engage in discovery, exchanging documents and information and deposing witnesses to identify disputed issues for trial.
Step 7 – Ongoing settlement negotiations and mediation
Even while parties proceed through pretrial litigation, they may continue settlement negotiations or attend mediation to try to settle before trial.
Step 8 – Trial, verdict, and post-trial issues
At trial, parties present their cases to a jury or judge, who issues a verdict resolving the case. A party who disagrees with the verdict may make post-trial motions to challenge errors during the trial proceedings or appeal the verdict and judgment.
How Long Does a Georgia Personal Injury Case Take?
A personal injury case in Georgia can take several months to several years to resolve, with the duration of a specific case depending on various factors. Some of the circumstances that can affect the legal process’s timeline include:
- The nature and severity of injuries
- The types of evidence in the case
- The number of potentially liable parties
- Whether the injured party may share some of the fault for their injuries
- The availability of insurance coverage
- Whether a personal injury lawsuit goes to trial
Although medical bills and lost wages can pile up after an accident, injured parties should remain patient throughout the personal injury claims process.
Settlement vs Lawsuit: What’s the Difference?
Most personal injury cases end through the negotiation process with an out-of-court settlement. However, a legal claim may require a lawsuit that goes to trial.
In a settlement, the parties negotiate the compensation the defendant pays to the plaintiff in exchange for a release of claims. Conversely, in a personal injury lawsuit, the parties turn to the courts to have a jury or judge determine the defendant’s liability for the plaintiff’s injuries and the amount of compensation the defendant should pay.
The benefits of settling include providing a plaintiff with compensation more quickly than going to trial in a lawsuit and avoiding the additional costs and risks of trial litigation. However, a plaintiff typically releases the defendant from any further liability in a settlement. That means the injured person cannot go back for more compensation if it becomes apparent that the injuries were more severe than first thought.
A trial in a personal injury lawsuit could provide a plaintiff with more compensation than they would obtain in a settlement. However, litigation can take a long time and put the plaintiff at risk of losing at trial and recovering nothing for their injuries.
Georgia Statute of Limitations and Other Deadlines
Under the statute of limitations for personal injury in Georgia (O.C.G.A. § 9-3-33), an injured party typically has two years from the date of their injury to file a lawsuit against the parties responsible for the injuries. However, parties may have more time to file suit, such as when a minor has a personal injury claim other than medical malpractice, or when an injured party does not immediately know about their injury or has no reason to discover it.
Other deadlines also apply in personal injury cases against state government entities. Under Georgia law, a party with a personal injury claim against the state must send notice of their claim within 12 months of the date of their injury or the date they should have discovered their injury (O.C.G.A. § 50-21-26).
What to Expect from Our Georgia Personal Injury Lawyers
When you choose Sherrod & Bernard, P.C., you get a legal team you can trust to:
- Investigate your personal injury case promptly
- Document proof of your ongoing and future losses
- Vigorously negotiate on your behalf for a settlement or advocate your case in court if necessary
Our attorneys have over 85 years of combined experience and a 30-year-plus track record of serving injured people in Georgia. At our law firm, you can expect to feel like a member of our family.
Contact a Georgia Personal Injury Lawyer
The personal injury claim process is complex, but legal representation from Sherrod & Bernard, P.C., can minimize the stress of pursuing your claim and improve your chances of recovering maximum compensation.
Contact us today for a free consultation with an experienced Georgia personal injury attorney to learn more about what to expect in a personal injury case and how to pursue yours.
