Steps in a Personal Injury Lawsuit

If you have been injured in an accident in Georgia and are considering a personal injury lawsuit, you may be wondering what your next steps are. Here is a look at the steps in a personal injury lawsuit.

1. Meet with an Attorney

Meeting with an experienced personal injury attorney is an important first step in holding the at-fault party responsible and getting the compensation you deserve. An attorney will discuss the facts of your accident and how much your case may be worth. They can also explain your legal rights and help answer any questions about the process. After this initial meeting, the attorney will begin building a strong case by investigating the accident and gathering the necessary evidence.

2. Litigating Your Case: Filing the Complaint

After meeting with a personal injury attorney, they will file your complaint with the court. This legal document outlines the facts of the case and why you (the plaintiff) are entitled to compensation. The petition includes the parties’ contact information, a brief summary of the accident, an explanation of any injuries and property damage, and any other relevant information. Once your petition is filed with the court, the defendant will have 30 days to respond.

3. Litigating Your Case: The Discovery Process

After the plaintiff has filed their complaint and the defendant has responded with the answer, the next step is discovery. Discovery is a legal process through will both parties gather information and evidence to support their case. The parties may send questions to each other (known as interrogatories) that must be answered timely, truthfully, and under oath. Either side may place formal requests for documents such as medical records, police reports, or surveillance video. The parties may also request depositions, which are out-of-court interviews conducted under oath, where the testimony is recorded.

The discovery process can take anywhere from several months to a year to complete. Our personal injury attorneys will work with you to make sure that all of the legal deadlines are met and that we have the evidence needed to build a strong case.

4. Litigating Your Case: Filing Motions in Court

After the discovery process is complete, the parties may begin filing motions with the court. A motion is a legal document in which an attorney asks the judge to make a specific ruling on the case. Examples include a Motion for Summary Judgment, which is when the defendant argues that they should be granted judgment as a matter of law, or a Motion in Limine, which is when one of the parties argues that certain evidence be excluded from the trial.

5. Reaching a Settlement

The majority of personal injury cases are settled out of court. This means that all parties, including the accident victim, the at-fault party, the insurance company, and the attorneys reach an agreement about compensation. If the parties are able to negotiate and agree on a settlement, they will sign a Settlement Agreement, which is also known as a Settlement Release. If the parties cannot reach an agreement, the personal injury case will go to trial.

6. Going to Trial

During a trial, both sides will argue the personal injury case before the court. A judge will preside over the proceedings, and there may be a jury present. Both sides will have the opportunity to present evidence, witnesses, expert testimony, and other relevant information. Once the parties have made their arguments, the judge or jury will issue their decision.

7. Collecting Money After the Judgment

If you win your case, the judge will award financial compensation. It will be your responsibility to collect that money; the court will not do it for you. Financially sound parties or companies will pay the judgment entered against them. However, you may have to work with your attorney to collect the judgment. There is a limited amount of time to collect a judgment, so it’s important to work with an experienced attorney who understands the different options available.

8. Appealing a Decision or Judgment

If you are not satisfied with the outcome of your case, it is within your legal rights to appeal the court’s decision. An appeal is a request to a higher court to review a lower court’s decision. The appeals process can be a complicated one, so it’s a good idea to work with an experienced appellate attorney.

The Law Offices of Jenny Huynh have extensive experience handling appeals in Georgia. We will review your case and discuss your legal options.