In Georgia, if you are injured as a result of another person’s negligence, you have a legal right to pursue compensation from them through a personal injury lawsuit. However, bringing a civil lawsuit can take time. If you’ve been injured, you (or your attorney) will need to gather evidence to support your claim, calculate your losses, establish liability, attempt to negotiate a settlement with the at-fault party, and, if necessary, take your case to trial.
Because every personal injury lawsuit is unique, it’s impossible to estimate precisely how long it will take for your case to be resolved. However, one way you can expedite the legal process is to hire an attorney to handle your case while you focus on recovering from your injuries. A skilled personal injury lawyer will have the experience and resources to help you seek a favorable outcome as quickly as possible.
The 7 Steps in a Georgia Personal Injury Claim
To better understand how long an injury lawsuit takes, it may be helpful to review the fundamental steps in a typical personal injury case. It’s important to note that most personal injury claims settle before a lawsuit is ever filed. Many people choose to accept a negotiated settlement rather than go through a long and costly legal process. However, if the two parties can’t agree on a settlement amount, then going to trial might be the only option for recovering compensation. A personal injury attorney can help you determine whether it is in your best interests to settle or litigate your case in court.
Here are the main steps in a Georgia personal injury claim:
1. Seek Medical Care
One of the first steps you must take in a personal injury case is seeking medical treatment after you’ve been injured. In order to prove your injury, you will need to get a diagnosis from your treating physician. After you receive treatment, you’ll need to obtain copies of your medical records to use as evidence for your claim.
If you’ve been injured, we highly recommend receiving a medical evaluation within 72 hours of the accident that caused your injury. The longer you wait, the more likely it is that the at-fault party will contest your claim.
2. Consult with an Attorney
Next, you’ll need to consult with a qualified personal injury attorney. During your consultation, your lawyer will review your medical records and any other evidence related to your case. After investigating your claim, your lawyer will be able to give you an estimate of how much you are owed. Your attorney will also help you draft a demand letter to the at-fault party (or their insurance company), which is used to outline the losses you suffered and demand reimbursement.
3. Negotiate a Settlement
You will then typically enter into settlement negotiations with the liable party or their insurance company. We highly recommend hiring an attorney to represent you in settlement negotiations rather than negotiating with the insurance claims adjuster yourself. Insurance adjusters are known for using different tactics to trip claimants’ up and mitigate the insurance company’s losses. Remember, the claims’ adjuster has their employer’s best interests in mind, so having an injury attorney present to advocate on your behalf can be extremely beneficial. Insurance adjusters are a lot less likely to trick a knowledgeable attorney, which could improve your odds of recovering fair compensation.
4. File a Complaint
If settlement negotiations are unproductive or the insurance company refuses to offer a fair amount, then going to trial might be your best option. In Georgia, you generally have two years from the date you were hurt to file a personal injury lawsuit against the negligent party that caused your injury. This two-year period is known as the statute of limitations. As long as you take legal action within that time frame, your lawsuit will be valid. Your attorney can file a complaint for you in the appropriate civil court. It could be a year or two, however, before your case actually reaches trial.
5. Discovery
During the discovery phase, both sides will turn over any evidence they have gathered to the other side so that each party understands the legal arguments the other party plans to make. Any witnesses to the incident in question may be called by either legal team for a deposition. Depending on the amount of evidence and other factors, the discovery phase can take up to six months to complete. It is typically the longest phase of a personal injury lawsuit.
6. Mediation
Even after a lawsuit has been filed, the two parties can agree to a settlement at any time before the trial actually begins, and during the trial itself before a verdict is rendered. If the two parties still cannot agree on a settlement agreement prior to going to trial, the judge who is in charge of the case might request that both legal teams attend mediation together. During mediation, a third-party mediator, often a retired judge, will attempt to help the two parties reach a fair settlement. If the two parties still can’t agree on an amount, the case will proceed to trial.
7. Trial
The trial itself is actually one of the shortest stages of a personal injury case. Depending on the facts of your case, the number of witnesses, and other factors, your trial could be over in as little as a day, a week, or a month. In some cases, trials can get delayed for various reasons, often due to the judge’s schedule or caseload.
Why Is My Personal Injury Lawsuit Taking so Long?
If your case is experiencing delays, a number of issues could be to blame. If there are unresolved questions regarding liability, the alleged at-fault party’s insurance company might not be so quick to settle. Likewise, if there are concerns about the damages in your case, the insurance company may refuse to make you an offer unless you can prove that a physician has connected your injuries to someone else’s negligence.
Your lawsuit could also be delayed if your initial claim involved significant damages. Insurance companies like to avoid paying out big settlements, and the defendant in your case may not have the ability to pay you a large sum of money because of their personal economic situation. If you are still recovering from your injuries and your doctor has not determined that you’ve reached maximum medical improvement (MMI), your case could be delayed until your physician confirms that you have either fully recovered or you have recovered all you can. Until you reach MMI, it’s impossible to know exactly what your medical expenses in the future will be.
Contact Brauns Law Accident and Injury Lawyer, PC Today
If you were injured due to someone else’s negligence, contact a Gwinnett County personal injury lawyer at Brauns Law Accident and Injury Lawyer, PC today for a free case review.
