How to Sue for Car Accident Injuries in Atlanta

If you are in an automobile accident in Atlanta, GA, you should call a personal injury attorney to discuss your case.

Your Atlanta car accident lawyer will gather as much information as possible and review all relevant evidence concerning your accident.

Negotiations with an accident victim's insurance company will be the first step in obtaining reasonable compensation for their damages.

Along with your attorney, an insurance adjuster will analyze your case and insurance coverage in order to achieve a settlement for your accident claim.

Your attorney may wish to file a lawsuit if your case is solid but the insurance company will not make you a settlement to cover your property damage or medical expenses.

In the article below, we will discuss some features of car accident lawsuits in Atlanta, Georgia.

First, Determine Who Is At Fault

After you've spoken with an attorney, the first thing they'll do is try to figure out who's at fault.

If the collision is proven to be 100 percent your responsibility, there's no reason to try to sue the other motorist and expect to be compensated for property damage or medical bills.

A knowledgeable attorney can assist you in determining who is to blame for your accident and how much compensation you may be entitled to for medical expenses depending on your share of fault.

That gets us to the next step in assessing fault: what are your state's negligence laws?

The theory behind car accident claims is that the other driver was at fault.

According to each driver's level of negligence in the collision, state laws would award damages differently.

Either a contributory, comparative, or modified comparative negligence model will be used in your state.

A comparative negligence model is used in Georgia.

So, in Georgia, someone wounded in an automobile accident can obtain monetary damages if a jury deems them to be no more than 49 percent at blame.

This is preferable to a contributory negligence situation, where being even 1% at fault for an accident can prevent reimbursement from an insurance company.

How Long Does An Automobile Accident Lawsuit Take?

If you need to file a lawsuit, a number of things can influence how long it lasts.

After your lawyer files a lawsuit, some at-fault party's motor insurance companies will offer a reasonable settlement amount straight away.

However, if your insurer wishes to dispute your claim or submits an offer that is significantly lower than what is required, your case could take a year or longer to reach trial.

Before your case may go to trial, both sides must go through many processes when filing a lawsuit.

Each side has a specific amount of time to do each stage.

The stages of a vehicle accident lawsuit are as follows:

• Filing A Complaint: The first step is to file a complaint, which is a list of your claims and justifications for your lawsuit. The at-fault driver and their insurance company will be given a fixed amount of time to respond to your complaint.

• Pre-Trial Motions: The other party may file several motions to achieve an advantage in court or delay the trial. You will have time to challenge any motions that are filed. A few examples of motions are a change of venue, change of judge, removal, or a dismissal.

• Setting A Court Date: After working through pre-trial details, your trial could still be a year away.

• Mediation: Your judge could order both sides to negotiate under the guidance of an impartial mediator so you can reach an agreement before your case goes to trial.

• Discovery: The discovery phase consists of both sides gathering evidence and sharing what they have with the other party. You may have to be interviewed under oath by lawyers from the other side.

Your trial can only happen after all of these steps have been followed.

However, it’s common to reach a fair settlement agreement with the other side awhile before a trial happens.