What to Expect During a Personal Injury Lawsuit

When facing a personal injury lawsuit, understanding the process can provide a sense of clarity and preparedness. From filing initial paperwork to the final verdict, knowing what to expect can ease the tension and uncertainty that often accompanies legal proceedings.

Initial Consultation

Your journey begins with an initial consultation with a personal injury attorney. During this meeting, you’ll discuss the details of your case, provide evidence and outline the circumstances surrounding your injury. It’s important to choose a compassionate and experienced legal team, to ensure quality representation. This consultation will help determine if your case has merit and discuss potential strategies for proceeding.

Negotiations

Typically, prior to the filing of the lawsuit and following the injured client’s recovery, the attorney will first attempt to resolve the matter prior to the filing of a lawsuit. This will start with the packaging of a formal demand which meets all statutory requirements under the law. To be taken seriously and properly evaluated by the insurance company, the demand must cite specific statutes and corresponding caselaw depending on the circumstances of the injury. This is why choosing the right personal injury attorney is paramount. After the demand is sent, and the insurance company has evaluated the merits of your injury claim, an offer will be extended. Depending on the offer, there may be some negotiations but at some point, the insurance company will tell the attorney that this is all the money they have on the case. At that time, the injured party can choose to accept the insurance companies top offer or choose to proceed with litigation and the filing of a Complaint for Damages against the at fault party directly.

Filing the Complaint

If negotiations break down, your personal injury attorney will file a formal complaint in court. This document outlines the legal basis for your lawsuit and includes details about your injury, damages sought and the defendant’s alleged negligence. Filing the complaint officially starts the lawsuit process and notifies the defendant of your legal action against them. The Defendant must be personally served with a copy of the Summons and Complaint. Once served, the insurance company will hire a lawyer to defend the at fault party and they will have thirty (30) days to file an Answer on behalf of the Defendant after they are served. This then kicks off a six (6) month period known as Discovery.

Discovery Phase

During Discovery, both parties exchange relevant information and evidence. Your legal representation request, accident reports, witness statements and any other pertinent documents to build a strong case. The parties will first exchange written questions known as interrogatories and request various documents which may be in the possession of the opposing side. If something is not shared or disclosed in Discovery, it cannot be used at trial. After the written Discovery, Depositions will occur. Depositions are where both parties will answer questions under oath and will all be transcribed by a certified court reporter. The Discovery phase is critical for uncovering facts and assessing the strengths and weaknesses of each side’s arguments.

Mediation and Settlement Talks

Many personal injury cases are resolved through mediation or settlement negotiations before reaching trial. During mediation, a neutral third party helps facilitate discussions between you and the insurance company to reach a mutually agreeable resolution. An experienced personal injury attorney will guide you through these negotiations to ensure you receive fair compensation for your injuries. Settlements offer a quicker resolution and avoid the uncertainties of a trial.

Trial Preparation

If mediation and settlement conversations fail, the case proceeds to trial. Your trial lawyers will intensively prepare by reviewing evidence, formulating arguments, and organizing witness testimonies. Comprehensive representation is essential at this stage to present a compelling case. Being well-versed in navigating the intricate trial process, providing personalized and attentive legal services to ensure your voice is heard in court is important.

The Trial

During the trial, both your attorney and the defendant’s lawyer present their cases before a judge and jury. This includes opening statements, witness examinations, cross-examinations and closing arguments. The first part of the trial, and potentially most important part, is the jury selection process. Many people think you get to pick your jury but that is not accurate. During jury selection, Voir Dire, each side gets to ask questions to the potential jurors. After each side questions the jury pool, each side will typically have 6 strikes from a pool of 24. One by one, the parties go through and use their strikes and the twelve people that are left, will make up your jury. Each side then puts on their case, with the injured party having the burden to prove the injuries and that they were caused by the Defendant’s negligence, will go first. Your experienced trial attorneys aim to prove the defendant’s liability and demonstrate the extent of your damages. The jury then deliberates and delivers a verdict based on the evidence presented.

Following the trial, there may be post-trial motions or appeals, depending on the outcome. If the jury awards damages, your legal team will work to ensure you receive the compensation. Injury compensation in Atlanta can vary based on the specifics of each case, but dedicated legal professionals strive to maximize the compensation for their clients.

Throughout this entire process, having a compassionate, experienced personal injury attorney is invaluable. Being committed to helping clients receive the compensation they deserve and providing comprehensive representation every step of the way is essential.