Personal injury cases deal with accidents and the injuries that result from those accidents. Personal injury lawyers represent victims and fight to get them compensation for their injuries, including lost wages from time missed at work, medical expenses to treat the injuries, and other economic effects that stem from the accident. Our lawyers can also help you receive compensation for your pain and suffering.
Often, lawsuits are necessary to get you the compensation you deserve, as insurance claims are so heavily controlled by the insurance company that it is hard to make them pay what they owe you without court intervention.
Call our personal injury attorneys at Howe Law today at (844) 876-4357 today for a free review of your potential case.
The Process of Filing a Personal Injury Lawsuit in Brookhaven, GA
When you have a claim, you can bring it up with the insurance company and potentially get some damages paid. However, settling with the insurance company might mean receiving only a fraction of the damages you are owed, and it can block you from getting additional damages. Our personal injury attorneys explain the process of getting damages through a court case instead:
Your initial filing with the court will be a document called a “complaint.” This document states what the defendant did wrong and how that mistake, carelessness, or inaction caused your injuries. Your attorneys will use legal terms and rules to explain this injury in the way that the court expects so that your claim can go through as cleanly as possible and detail the specific legal elements necessary for your claim.
This initial filing must be submitted to the court within the “statute of limitations.” In Georgia, the statute of limitations is 2 years for injury cases under O.C.G.A. § 9-3-33. This time limit is merely the time limit for filing your case; the lawsuit can run longer than 2 years from the date of injury, if necessary.
Settlement negotiations will occur throughout the process, but judges often encourage them early on in the case. Even up to the point where the jury decides your case, both parties can still settle if they choose to. Earlier settlements can potentially save you the time and expense of going to trial and get you the compensation you need faster.
In many cases, there will be motions that both sides make before the case proceeds to trial. Often, the defendant will file a motion to dismiss, which claims that the facts of your case do not make out a successful claim, even if the court believes the facts as you presented them. There might also be motions about evidence and timing of the case. Our attorneys may need to submit responses and additional motions to get your case on to the next stage.
During discovery, both sides exchange evidence and take depositions of witnesses to make out the facts of the case. Once both sides have a good idea of the facts, they can make a more informed decision about what happened and how much the case is worth. Because of this, many insurance companies and defendants will settle during or after this stage now that they know what a strong case they are up against.
If the case progresses to trial, our lawyers will present the evidence and witnesses that support your case to try to prove our claim to the jury. Your testimony and the testimony of other eyewitnesses to the accident will be vital.
After trial, the jury will go back and decide whether you have made out all of the elements of your case and how much your damages are worth.
Types of Injury Cases Our Attorneys Can Help with in Brookhaven, GA
If you were injured in any type of accident, contact our lawyers to see if we can help. Our attorneys are ready to handle all kinds of injury cases, including slip and falls, auto accidents, work injuries, medical malpractice, product injuries and more.
Many of the injury cases our lawyers handle are not “accidents” per se. That is, someone is often at fault for your injuries, and some injuries are caused by carelessness, recklessness, or even intentional actions. Whether the injury is from a true “accident” or not, our lawyers can help you get compensation from the responsible parties.
When to Call a Lawyer After an Accident in Brookhaven, GA
Knowing when you need a lawyer and how long you should wait to call a lawyer can be confusing. In most injury cases, having a lawyer on your side will be a noticeable benefit, so you should consider calling our injury attorneys in any case where you suffered injuries and you were not at fault for them.
As for timing, it is never too early to contact us. Our lawyers can help you begin collecting evidence from the day of the injury to avoid missing out on potential security footage or witness statements – evidence that can be deleted or forgotten in mere days after the accident.
You should also call a lawyer any time insurance is involved or if a large company – such as a store, restaurant, hospital, or trucking company – is responsible for the accident. Insurance companies will provide lawyers to their customers, and large companies often have their own legal teams to help them fight cases. If you are going up against a defendant with a lawyer, you should have a lawyer, too.
You should also call a lawyer before accepting any settlements or money from the defense or their insurance companies. Accepting a settlement like this can block you from suing later.
Call Our Brookhaven, GA Personal Injury Attorneys Today
For a free review of your potential injury case, call the personal injury lawyers at Howe Law today at (844) 876-4357.