Car Accident Lawsuit
If car insurance settlement negotiations break down after an accident, filing a lawsuit may become necessary to recover compensation for your injuries and damages.
Atlanta auto accident Atlanta attorneys recommend not accepting any settlement offers or admitting fault before you speak to a qualified auto accident lawyer.
The Lawsuit Process After An Auto Accident
After getting medical attention and notifying your insurance company, the next step is the lawsuit if the settlement negotiations break down. You need a good lawyer to help you with the lawsuit and to protect your rights.
Keep in mind that there’s a specific period within which you must file the lawsuit. In Georgia, the statute of limitations under Georgia Code section 9-3-33 is two years from the date of the auto crash.
When meeting with your attorney, bring copies of the police report, pictures of the accident scene, damage to the vehicle or property, and medical reports.
Provide the contact information of the other driver, a copy of your insurance policy, and any correspondence with the insurers. Any other notes and documentation or information, such as the no-fault claim number involving the accident, will help with your claim, so provide it as well.
Here’s how a typical lawsuit process goes:
- Complaint – The lawsuit starts by having your lawyer file a complaint detailing your allegations of negligence against the other driver(s). This gets submitted to the court to open a case. The complaint makes allegations based on the legal theories applicable to your case.
- The defendant will answer the claim – the appointed lawyer of the defendant’s insurer will respond to the complaint by admitting or denying the allegations. They will assert defenses available to them by law, such as the defendant responding to an emergency or the complainant not wearing a safety belt.
- Discovery – Both sides exchange relevant information through interrogatories, document requests, depositions, and other discovery methods. The defendant’s lawyer receives all the medical records relevant to the case. This evidence-gathering builds your arguments.
- Motions – Your lawyer may file motions requesting judgment as a matter of law in your favor if discovery reveals no triable facts exist. The other side can file motions to dismiss.
- Settlement negotiations – Many cases settle before trial once evidence is revealed and liability for the auto accident is clear. Your lawyer will seek the maximum settlement through negotiations.
- Trial – If no settlement agreement can be reached, your case proceeds to a civil trial. Your attorney presents evidence and arguments to a judge or jury. The trial data can be set up to six months or even a year.
- Verdict – The judge or jury decides if the defendant is liable for damages. If so, they determine the compensation amount owed to you.
- Appeal – Either side has the right to appeal the verdict if they believe errors were made during the trial process.
Contact a Georgia Auto Accident Attorney Today
Having an experienced personal injury lawyer to guide you through this complex legal process is critical for successfully recovering maximum compensation. Contact Spaulding Injury Law to discuss your case with an Atlanta accident attorney.
When you become our client at Spaulding Injury Law, you’ll be represented by a thoroughly experienced Atlanta personal injury attorney like Theodore A. Spaulding. For over 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury cases, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
Mr. Spaulding has been named one of the Top 100 trial lawyers in Georgia by the National Trial Lawyers for six successive years.
He is honored as a lifetime member of the Million Dollar Advocates Forum ® by the Top Trial Lawyers in America ®.
Charter Member of the Distinguished Justice Advocates.
Member of the Atlanta Bar Association.