The timeline for a personal injury lawsuit varies depending on your specific accident and injuries. However, you can expect that it will take months or longer.
Below, our Atlanta personal injury lawyers detail what you can expect from a personal injury case.
What Factors Could Affect Your Case’s Timeline?
Several different factors could lengthen how long your case takes, including:
- The severity of your injuries/how long it takes to get to maximum medical improvement (Catastrophic injuries can take months or longer to reach maximum medical improvement.)
- How long each of the stages takes
- Whether the other party disputes fault
- Whether the other party/their insurance company is willing to negotiate
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Personal Injury FAQs
Can I Pursue Punitive Damages in My Atlanta Personal Injury Case?What Types of Personal Injury Cases Are Common in Atlanta?How is Liability Determined in Atlanta Personal Injury Cases?How Can I Protect My Rights When Dealing with Insurance Adjusters in Atlanta?When Should I Hire a Decatur Personal Injury Lawyer?What’s the Statute of Limitations for Personal Injury Claims in Decatur?You Should Begin the Process By Calling a Personal Injury Lawyer
Once you have received medical attention, you should start the personal injury lawsuit timeline by discussing your case with an accident lawyer. This will help ensure you don’t make any mistakes that might jeopardize your case. It will also allow you to focus on your physical and emotional recovery.
Our lawyers can help you build your case, navigating the claims process on your behalf.
Investigating Your Accident and Injuries
Investigating the accident and the injuries you suffered is a critical phase in a personal injury lawsuit, laying the groundwork for establishing liability and the extent of damages.
This process typically begins soon after the accident, with the injured party or their legal representative collecting evidence.
This may involve:
- Photographing the accident scene
- Gathering witness statements
- Obtaining police reports
Documentation for medical treatment plays a pivotal role, as it provides a detailed account of the injuries, treatment plans, and prognosis. The goal is to create a comprehensive evidence base that illustrates how the accident occurred, identifies who is at fault, and demonstrates the impact of the injuries on the victim’s life.
In some cases, experts such as accident reconstruction specialists or medical professionals may be consulted to provide further insight.
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Filing a Claim
Filing a claim is the initial step in seeking compensation for injuries sustained in an accident.
This process begins with notifying the responsible party or their insurance company about the intent to seek damages. The claimant must provide detailed information about the accident, including:
- When and where it occurred
- The nature of the injuries
- Any financial losses incurred
Supporting documentation, such as medical records, bills, and proof of income loss, should accompany the claim.
Once filed, the insurance company reviews the claim, which may involve further investigation before deciding on settlement offers or disputes. Timeliness and accuracy in filing are crucial to avoid delays and enhance the chances of a favorable outcome.
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Negotiating for a Fair Settlement
After we have filed a claim, the insurer may issue a settlement offer. This is typically less than you deserve. Our team will negotiate for a fair settlement.
Filing a Lawsuit
In some cases, we may skip filing a claim and go straight to filing a lawsuit. In other cases, we will file a lawsuit if the insurance company refuses to negotiate.
Filing a lawsuit marks a significant step in the pursuit of justice and compensation for personal injury victims. The lawsuit formally begins with the drafting and filing of a complaint against the defendant(s), outlining the basis of the claim, the injuries suffered, and the compensation sought.
Discovery
Once the lawsuit is filed and the defendant has responded, the case enters the discovery phase.
The discovery process is a critical period where both parties exchange information related to the case. It includes the collection of documents, depositions (sworn oral statements), and interrogatories (written questions).
Discovery allows both sides to fully understand the evidence and arguments, which could significantly impact the strategies employed by both parties.
Continued Negotiations
Even after a lawsuit is filed, settlement negotiations can continue. Often, the evidence and facts that emerge during discovery can prompt both sides to reassess their positions.
Many cases are resolved during this phase to avoid the uncertainties and expenses of a trial. If we are able to negotiate for a fair settlement, your case is finished.
Trial
If negotiations do not result in fair compensation, the case proceeds to trial. During the trial, both sides present their evidence, call witnesses, and make arguments before a judge or jury.
The trial phase concludes with a verdict, where the judge or jury determines liability and, if applicable, the amount of damages to be awarded to the plaintiff.
Getting Your Settlement Check
When your settlement check or court award is issued, your lawyer will address any outstanding balances, such as:
- Attorney’s fees (your attorney will let you know what these fees are when you sign up with the firm)
- Court costs
- Liens for medical expenses or other obligations directly related to your case
After these deductions, your personal injury attorney will issue a final check to you. This process ensures that all financial obligations are met before you receive the net settlement amount. It’s a moment of closure, providing financial relief and acknowledgment of your ordeal.
How Much Time Do I Have to Act?
As you can see, the injury claims/lawsuits process can take months, even before you file a lawsuit. If we need to file a lawsuit, we have only two years to do so, per O.C.G.A. § 9-3-33. If we don’t file within that time period, called the statute of limitations, you could end up recovering much less than you deserve—or nothing at all.
Call Our Team to the Personal Injury Lawsuit Process Started
Our team is prepared to help you navigate the personal injury claims process, but we need enough time to do so. Call Bader Scott Injury Lawyers today to see what we can do for you after a car accident, Atlanta slip and fall, or other type of injury accident. The initial consultation is free, and you pay us nothing unless and until we recover compensation for you.
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