In Georgia, a party who is injured in a car accident has the right to bring a lawsuit against the at-fault driver who caused the collision. The process can be relatively complex, time-consuming, stressful, and costly. Before you file suit, you’ll need to be prepared with information about the value of your case, the liability of the other driver, whether any witnesses saw the wreck, and evidence of your injury and its costs. You’ll need this information in order to accurately and fully present your claim to a jury; or, if you do not end up filing a lawsuit, you will have sufficient information to provide an insurance company to fairly settle your claim. A Georgia personal injury attorney will normally take the following steps in initiating your claim and preparing it for trial.
In order to gather evidence for a Georgia automobile accident claim, your personal injury attorney initiates an investigation immediately. In order to determine whether the other party acted negligently and is at-fault, your attorney may:
One of the first things your Atlanta personal injury lawyer will do when initiating your claim for injuries is determine the type and amount of insurance coverage available and notifying the insurance companies about your claim. Unfortunately, suing an uninsured individual may not be economical, unless that individual has assets that you can collect upon obtaining a judgment in court. Thus, the availability of automobile, umbrella, or other types of insurance would be ideal for your Georgia automobile accident claim. In order to determine whether the at-fault driver has insurance, your attorney will likely:
Your Georgia injury attorney will also look at your case to determine its value. The legal term for the amount of your claim is often referred to as “damages.” Some of the following factors come into play when looking at how much your Georgia accident case is worth:
After evaluating the viability and value of your claim, your Georgia personal injury attorney will contact the insurance companies to talk about possibly settling your claim. Sometimes, this part of the process is sufficient to obtain fair or acceptable compensation for your claim. If the insurance companies refuse to fairly settle your claim, then you will have to file a lawsuit against the at-fault driver.
After your Atlanta automobile accident attorney has gone through the steps to set up your claim and cannot settle it, you should be ready to file a lawsuit. Filing a lawsuit starts with the filing of a complaint and summons in the county where the at-fault driver lives or where the Georgia accident occurred. The complaint outlines the facts of the case and your theories as to why the at-fault driver is responsible for your injuries. The at-fault driver must answer the suit, and then both parties engage in “discovery,” which is the legal process for exchanging evidence relating to the case. The final step is trial, where you present your case to a jury, and the jury determines the outcome of your case.
The Davis Injury Firm competently handles Georgia automobile accident cases by thoroughly investigating your claim, finding available insurance coverage, and maximizing your recovery in a personal injury case. For a consultation with an Atlanta personal injury attorney, call 404-593-2620.
About the Author Betty Nguyen Davis is an Atlanta attorney who solely focuses her practice on plaintiff’s personal injury work. Betty is consistently recognized by her peers as a top attorney in Georgia by Super Lawyers and Georgia Trend and is highly recommended by her clients as a aggressive and persistent, yet caring and accessible attorney.