Personal injury claims arise from various incidents that cause serious injuries, including car accidents, slip-and-falls, and defective products, to name a few. If someone else’s negligent actions or misconduct caused your injury in Georgia, you can use the personal injury process to seek compensation. An experienced personal injury lawyer can guide you through the entire claims process.
How Long Does a Personal Injury Case Take in Georgia?
The length of time it takes from the filing your personal injury lawsuit to the resolution of the case depends on various factors, including:
- Case Complexity: The more complex your case is, the longer it will typically take. Cases may be complex because multiple parties are liable, fault is disputed, or an insurer refuses to offer fair compensation, requiring the case to go to trial.
- Injury Severity: The more severe your injuries are, the longer it may take to resolve your case. In general, an experienced personal injury attorney will wait to settle your case until after you have reached maximum medical improvement and your medical expenses are known. If you will need future medical treatment, your injury lawyer can consult with your doctor and help you calculate your future medical expenses.
- Settlement Negotiations: When a fair settlement can be reached, a settlement typically concludes the personal injury case and provides money to the injured person more quickly than going to trial. However, protracted negotiations may extend until a case is ready for trial.
Depending on the specifics of the accident, a personal injury case can take anywhere from a few months to a few years.
What Are the Steps in a Georgia Personal Injury Lawsuit?
The major steps in Georgia’s personal injury claims process are:
- Identify At Fault Party: The first step in the legal process is to have an experienced personal injury attorney evaluate the accident and determine who bears financial responsibility.
- Sending a Demand Letter: The next step is to send a demand letter to the at-fault party’s insurance company. This letter explains the incident, outlines your injuries, and lists the amount of compensation you are seeking. If it’s clear that the at-fault party is liable, their insurance company may accept responsibility and agree to settle your case. You will need legal representation to have the best chance of securing a fair settlement.
- Gathering Evidence: If the insurance company doesn’t immediately settle, your attorney will gather supporting evidence, including medical records, eyewitness statements, security camera footage, expert testimony, and more.
- Filing Your Complaint: Once your attorney has gathered evidence to support your claim, the attorney will file a personal injury lawsuit with the court, and the defendant will have time to respond.
- The Discovery Phase: Next, the parties enter the discovery phase, where they request documents from each other and provide depositions. At the end of this phase, the parties should have a clear understanding of the facts of the case.
- Negotiating a Settlement: Most lawsuits end with a settlement, making the settlement negotiation phase one of the most important. Attorneys representing both sides attempt to reach an agreement about the amount of compensation owed to the injured person.
- Going to Trial: If a settlement can’t be reached, your attorney will be prepared to take your case to trial and present the evidence in a compelling way to seek the maximum compensation.
Should I Accept the Insurance Company’s Initial Settlement Offer?
Accepting the insurance company’s initial settlement offer is usually a mistake. Insurance companies try to pay out as little as possible to resolve a claim. Typically, the first settlement offer is far less than the fair value of your case. The insurance company is trying to take advantage of your lack of familiarity with the personal injury claims process. Therefore, your attorney’s experience handling personal injury claims matters.
A skilled personal injury attorney can help you understand the potential compensation you may seek and will stand up to the insurance company on your behalf. At Sherrod & Bernard, P.C., our attorneys have extensive experience handling the negotiation process with insurance companies and demanding just treatment for our clients.
What Is the Difference Between a Personal Injury Settlement and a Personal Injury Lawsuit?
The difference between a personal injury settlement and a personal injury lawsuit is that a settlement is one possible resolution to a lawsuit. Your case can be settled at any point after your lawyer sends a demand letter or files your lawsuit with the court. A settlement is an agreement between the parties to end the lawsuit early. The injured party provides a release from all claims in exchange for an agreed-upon amount of compensation to cover medical bills, lost wages, and other expenses.
What Is the Statute of Limitations for Personal Injury Cases in Atlanta?
Under Georgia’s statute of limitations for personal injury cases (GA Code section 9-3-33), injured people have two years to file lawsuits against the parties responsible for their injuries. If you fail to file a personal injury lawsuit within this period of time, the courts may bar you from seeking compensation.
However, the exact amount of time you have to file your claim can vary depending on the specific circumstances of your case, including:
- Whether the victim is a minor
- Whether the defendant is a government entity
- Whether you did not immediately realize you were the victim of a personal injury
An experienced personal injury lawyer can review the facts of your case and determine the applicable statute of limitations for filing the lawsuit.
How Long Can a Georgia Personal Injury Case Take to Settle?
A Georgia personal injury case could take anywhere from a few months to more than a year to settle, depending on the circumstances of the case. If the facts of your case are clearly in your favor and you have finished medical treatment, and recovered from your injuries, the at-fault party’s insurance company may settle relatively quickly. However, if your case is complex, it can take longer for your lawyer to gather the evidence necessary for securing a favorable settlement.
It’s also important to consider the trade-off between receiving some compensation more quickly and receiving more compensation. The faster you settle, the sooner you’ll have the money to cover your expenses. But you may be able to recover more money if you take your case to trial.
Contact a Georgia Personal Injury Lawyer
Were you injured by someone else’s negligence or wrongdoing in Georgia? If so, you need the help of a law firm built on respect and results. Sherrod & Bernard, P.C., has been serving injury victims in West Georgia for more than 30 years. Our attorneys have more than 85 years of combined legal experience.
Contact us today for a free consultation with a Douglasville personal injury lawyer who will treat you like family. We’ll review your case, explain your legal options, and answer your questions about seeking the compensation you deserve.
