starting personal injury lawsuit

Following a personal injury, the most important thing to do is to get all necessary medical care. There are also steps you can take to protect their legal rights as soon as an accident or the victim’s knowledge of harm occurs. Immediately following an accident, it is important to get all of the information you can get related to what happened, including the names and contact information of any eyewitnesses. If you are involved in an auto accident, stay on the scene and contact police so that a police report is created. 

Record what happened as carefully as you can, and make sure any financial losses accrued, such as medical bills and lost wages, are carefully documented. When it comes to documenting your injuries, don’t rely solely on medical records. Take pictures of your injury as well, and make notes about how you feel. 

Never discuss your accident with the party that caused the accident or with insurers without first discussing your case with your attorney. Keep information about your accident as private as possible until your case is resolved. Once immediate medical care has been obtained, the next step is to consult with an experienced personal injury attorney. 

What to Expect Once You’ve Hired an Attorney 

If an attorney agrees to take your case, the attorney will begin to investigate the facts of your case and collect all the evidence that you will need to successfully make a claim. This means getting as much information as possible about the event that caused the injury and getting thorough documentation of all medical care that took place. Often, your attorney may want you to see additional medical professionals to better assess your injury. Your attorney will also help you calculate the full value of your claim. 

After a case has been adequately prepared, a demand for compensation is usually sent to the responsible party or a claim is made to the responsible party’s insurer. At this stage, a defendant or insurer will either reject the claim or offer a settlement offer. In many cases, it is possible to negotiate a settlement that is fair, but this isn’t always the case. If a fair settlement can’t be reached, it is time to start preparing a lawsuit. 

A personal injury lawsuit is started with the filing of a Complaint for damages. It is critical that this be done prior to the Georgia Statute of Limitations for tort claims. This petition must be served upon the defendant, and the defendant will be given time to file an answer. Following this, for several months the parties will conduct discovery. Discovery is the process by which the parties share information about the case with each other. In most cases, the parties, eyewitnesses, and any medical or vocational experts that may testify in the case will give testimony in the form of depositions. The lawyers will also file procedural and evidentiary motions at this stage. The vast majority of cases are settled after the discovery stage is over. However, if a defendant thinks they have a good case, or if they are just stubborn, the case will proceed to a trial. 

For More Information, Contact Williams Elleby Howard & Easter 

If you have been injured due to the wrongful conduct of someone else, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your legal rights and options, and if necessary, help you to initiate a personal injury lawsuit against the responsible party. Williams Elleby Howard & Easter, offers free case evaluations and accepts cases on a contingency fee basis. Contact Williams Elleby Howard & Easter, to discuss your case today by calling 833-LEGALGA.

Recommended Posts