How Do I File a Personal Injury Claim in Georgia?

Are you thinking about filing a personal injury claim? A personal injury attorney in Lawrenceville, GA, explains how to go about it.

How Do I File a Personal Injury Claim in Georgia? Answers from a Personal Injury Lawyer in Lawrenceville, GA

Notify the Insurance Company

If you have been injured due to someone else’s negligence, find out which company the person responsible for your injury is insured by. You will need to notify the insurer of your intent to file a claim. You can call and notify them over the phone, fill out a form online through their company website, or mail them a notification in writing. Give basic details of the incident: the date and time, the location, and a short description of what happened. The insurance company will assign a claim number and an insurance adjuster to your case.

Gather Evidence

Collect any evidence showing the extent of your injuries or damages and also proof that the other person was at fault. This could include police reports and witness statements describing what happened as well as photos or videos of the scene of the incident. Provide documentation of your injuries or property damage: photographs, medical records, bills for hospital visits and/or repairing or replacing damaged property.

File an Insurance Claim

Fill out the insurance company’s required claim forms and submit them together with the evidence you collected. Stick to the facts in what you say or write; let the evidence show what happened. Do not admit fault, and do not give your own personal analysis of what happened. Such statements can be misconstrued by insurance adjusters and may be a basis for your claim being rejected.

Filing a Lawsuit

File a Complaint

To initiate a lawsuit, you need to file a complaint with the appropriate Georgia court. This is usually the Superior Court in the county where the injury happened or in the county where the defendant lives. Filing a complaint involves drafting the appropriate legal documents (your lawyer will help with this), pay the filing fees (probably $200 to $250), and serving the defendant (formally notifying them of the complaint you’ve filed).

Discovery and Negotiation

During the discovery process, you and the other person (and your lawyers) will exchange information: documentation, witness depositions, and anything else relevant to the lawsuit. Negotiation may happen at any point during the discovery process, and often does. Most personal injury claims never go to trial, since frequently both parties are interested in reaching a settlement and avoiding the expense and time of a trial.

Trial

A judge or jury will hear the evidence and then decide who was at fault for the injury and what compensation will be awarded. Georgia follows a modified comparative negligence rule in personal injury cases. This means if the court determines that you share some responsibility for the injury, the percent of your fault will determine how much compensation you are awarded. If you were more than 50% at fault, you will not be awarded any compensation.

If you need advice or assistance with filing a personal injury claim, get in touch with Spaulding Injury Law in Lawrenceville, GA. We also serve the Atlanta, Cumming, and Alpharetta areas.

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