The Stages of a Personal Injury Case
Business man and business woman shaking hands

If you believe you have grounds for a personal injury case, it’s natural to want to know what to expect. Of course, a good personal injury attorney will help guide you through every step of the process. However, you should inform yourself about the stages of a personal injury case so that you are prepared to speak with an attorney.

Read on to learn more about the various stages of a personal injury case in Georgia.

Consultation with a Personal Injury Attorney

Once you have decided that you want to pursue a personal injury case (or even if you are unsure), the first thing that you need to do is to contact an attorney. Make sure that you contact an attorney that specializes in Georgia personal injury cases. These lawyers will have a great deal of relevant knowledge and experience, which will increase the likelihood that they will be able to represent you successfully.

Many personal injury attorneys offer an initial consultation over the phone. They may invite you to their office for an in-person meeting instead. The first thing that the lawyer will do is determine whether you have legitimate grounds for a personal injury case that could result in substantial compensation. If you do not, they will explain why.

If the attorney does decide to take your case, they will gather all the information they can about the incident. You will need to give a statement about what happened so that they know how to pursue the case. The attorney will need to include all this info when they file a lawsuit. They will also need to calculate how much compensation you may be due.

Filing a Lawsuit

Once your personal injury attorney has all the info they need, they will file a lawsuit. It is possible for settlement negotiations to commence without a lawsuit even being filed. However, a suit is usually filed first.

Settlement Negotiations

The defendant’s attorney and liability insurance company will likely contact your attorney and begin settlement negotiations immediately. This is because the cost of defending a lawsuit is extremely high. The only situations in which the defendant’s representation would not begin settlement negotiations is when they think your case has no legitimate grounds. However, it is unlikely a personal injury attorney would have taken your case in the first place unless you had grounds.

Trial

It is quite rare for personal injury cases to go to trial. As previously mentioned, the legal costs associated with such a trial motivate most defendants to settle quite quickly. However, trials can happen if you and the plaintiff are not able to reach a settlement after extended negotiations.

In Georgia, personal injury cases can be heard in front of juries. Your attorney and the defendant’s attorney will participate in a jury selection process. Once the jury has been selected, they will present their cases. After each party is done presenting their case, the jury will make a decision about whether the defendant is liable and the damages they must pay, if any.

It is important to know that the case could still be settled during the trial process. In fact, this is a fairly common occurrence. If the case is not going well for the defendant, there is a chance they will be willing to pay the settlement that your attorney was demanding at an earlier stage. Of course, your attorney may advise you not to take a settlement offer if they think that the jury will award a larger amount.

Compensation

After either a settlement has been reached or a jury has awarded damages, it is time to get your compensation. Keep in mind that your attorney will take a percentage of the compensation for their work. They will have discussed this with you during the initial phase of your case.

You will have to sign a release stating that you will not pursue the case further before receiving your compensation. Once this has been completed, the other party’s insurance company or attorney will send your lawyer the check. They will send your lawyer the check instead of sending it to you directly because your attorney will likely have a lien on the settlement for the amount of their own compensation. Your attorney will send you a check after taking their fee.

A Personal Injury Attorney Can Help You Get the Compensation You Deserve

If you want to know more about the stages of a personal injury case in Georgia, the right lawyer will help you get the compensation you deserve. Barnwell Law Group has a great deal of experience handling personal injury cases in Georgia. They have won sizable settlements for many clients, and they can help you get the compensation you deserve.

Reach out

Have questions or inquiries? Reach out to us using the form below. We're here to help!