How Do I File A Personal Injury Claim in Georgia?

How Do I File A Personal Injury Claim in Georgia?

A civil lawsuit for personal injury can stem from car accidents, slip and fall injuries, medical malpractice, and other cases of injury caused by the negligence or misconduct of another party. Suffering a personal injury can be a life-altering experience, and pursuing appropriate compensation for your damages may seem daunting. However, understanding the steps involved can empower you to navigate the legal system and seek the compensation you deserve. Of course, it is always best to consult with a personal injury attorney if you have any concerns – you don’t have to fight for your rights on your own!

First Steps After an Injury

In any scenario where you’ve sustained an injury due to the fault of another party, there are a series of steps you should follow to ensure that your claims are taken seriously.

  1. Seek Immediate Medical Attention. Your health is always the top priority. Regardless of the severity of your injuries, it is crucial that you seek prompt medical attention. This establishes a documented link between the accident and your injuries, and may reveal injuries that you didn’t immediately notice in the aftermath of the incident. Keep records of all medical treatments, prescriptions, and any related expenses.
  1. Gather and Preserve Evidence. A strong case is built on solid evidence. Collect pertinent information about the accident, including photographs of the scene, any property damage, and your injuries. If there were witnesses, gather their contact information. Write down your experience as quickly as possible after the incident, before the details fade from your memory. Store all medical records, bills, receipts, and other documents in a secure location, and save all applicable photos in a safe location. This documentation will serve as the foundation for your case, should you need to pursue just compensation in court.

At this point, many individuals find themselves at odds with the responsible party’s insurer, likely staring at an insufficient settlement offer from the insurance company. In Georgia, many insurance providers deny a claim outright since Georgia law follows a comparative negligence model of fault determination, meaning that you must bear less than 50% of the responsibility for the incident to make any claim for compensation. If the insurer can argue that you and their client share responsibility for the injury, they may deny your claim entirely. This stage is when many individuals begin to pursue legal action.

Legal Action: Suing for Personal Injury

A personal injury attorney is your greatest ally in the fight for justice after an injury. Their role will be to compile the necessary evidence and records, then pursue your case through each stage of filing your claim all the way through a settlement or court case is resolved. Your attorney is your advocate and supporter through the entire litigation process, and will be responsible for moving each stage of the case along.

  1. File a Complaint. If you and your attorney decide to proceed, a complaint will be filed in the appropriate Georgia court. A legal complaint outlines the details of the incident, the injuries sustained, and the damages sought. It officially initiates the legal process and informs the defendant of the allegations against them. The defendant is then formally served with the complaint.
  1. Discovery Hearing. During the discovery process, both parties exchange information and evidence. This may involve written interrogatories, document requests, and depositions. Discovery allows each side to evaluate the strength of the other’s case and gather additional evidence to support their claims.
  1. Negotiations and Settlement or Going to Trial. Many personal injury cases in Georgia are resolved through negotiations before reaching trial. Negotiating a settlement can save time and legal expenses while still providing you with compensation for your injuries and damages, but not every case can reach an acceptable resolution outside of the courtroom. If the case proceeds to trial, your attorney will present your case, and a judge or jury will determine the outcome. Your attorney will present the facts of your case, examine witnesses, introduce expert testimony, and apply applicable law to demonstrate the merit of your claim.
  1. Collecting Damages. If you win your case, the court will issue a judgment specifying the damages awarded. Your attorney will guide you through the necessary steps to ensure you receive the compensation to which you are entitled.

Contact Us

Pursuing a civil lawsuit for personal injury is a complex process that demands diligence and legal expertise. From seeking immediate medical attention to filing a complaint and potentially going to trial, each step plays a crucial role in securing the compensation you deserve. Remember, you don’t have to face this journey alone – consulting with a personal injury attorney is essential. We will be your advocate, guiding you through the legal intricacies and fighting for your rights at every stage.

If you or a family member have been injured due to the negligence or misconduct of another party, contact the experts at The Balams Firm today for a free consultation on your case. Our team will fight for maximum compensation in your case, helping you navigate the challenging terrain of a personal injury claim in Georgia, and working towards rebuilding your life.

The Balams Firm

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310 Maxwell Road, Suite 500
Alpharetta, GA 30009

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ReShea Balams

ReShea Balams is an award winning attorney and the founder of The Balams Firm.  Prior to answering her true calling to represent families impacted by life-changes tragedies, ReShea gained invaluable experience and insight as an attorney for large insurance companies.  She is known for her record of exceptional results on behalf of clients, and is a zealous advocate for injury victims.

  • American Association for Justice
  • Georgia Trial Lawyers Association
  • Atlanta Bar Association
  • Gate City Bar Association
  • The National Crime Victim Bar Association
  • State Bar of Georgia
  • The National Trial Lawyers - Top 40 Under 40
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