Process of an Atlanta Personal Injury Case
Personal injury cases in Atlanta are similar whether they involve malpractice, defective products, chemical burns, an explosion, or a vehicle accident. The processes for resolving these cases are much the same. The first step is to quickly seek legal representation.
An experienced attorney would immediately begin the process of an Atlanta personal injury case. A lawyer could go to the scene of the incident when it involves a truck accident, explosion, or a workplace injury from a defective machine. They could then gather medical records, witness statements, and evidence.
How Does the Discovery Period Work?
Since personal injury cases involve life-changing injuries, the lawyer files a suit before trying to settle the case because generally, these cases do not settle without a lawsuit. Once the lawsuit starts, there is a discovery period that can last several months or even years sometimes. The discovery period involves exchanges of interrogatories, requests for production of documents, requests for admissions, depositions, and a lot of motions.
At some point during the process of an Atlanta personal injury case, the lawyer attempts settlement through negotiations, settlement demands, and even mediations. If that fails, the lawyer begins the trial process. Some cases settle because they did not prepare for trial. Ultimately, the case goes to trial as a last resort.
Important Steps and Milestones
With a malpractice case, the lawyer gets expert witnesses who can testify about the carelessness of the doctor, hospital, or other healthcare providers. For a defective product, the lawyer identifies any problems with the product by comparing it to other products and hiring engineers. The most important milestone in the process of an Atlanta personal injury case is an investigation and good lawyers have the ability to do that.
The second milestone is evaluation and involves many factors about the situation. Is this a valid case? Is it worth filing suit? Is it appropriate to file suit? Will the suit be in the best interest of the plaintiff? Assuming that there is a valid lawsuit, the first step is the complaint. The next is the discovery process which includes an exchange of information, continued investigation, and depositions.
Does the Court Require Parties to Engage in Mediation?
In most cases, the courts require a mediation and sometimes, two or three mediations. A personal injury lawyer does not stop trying to settle a case until they are convinced the other side is not going to pay their client. The only amount the lawyer and a person can take in a settlement or mediation is a full, fair, and complete compensation and justice for the client. After that, they go to trial.
Filing an Insurance Claim
Filing an insurance claim against the opposing party’s insurance company begins the process. If a person starts without a lawyer, the insurance company begins an investigation and significant tests. If a person starts the process and has a lawyer, the lawyer makes sure everything is done. A person needs to put everybody involved on notice as soon as possible to avoid missing deadlines or losing other rights.
Not Filing a Claim
When someone is involved in a motor vehicle collision, they should always make sure their own insurance company is put on notice because they never know whether the vehicle that hit them has adequate insurance to pay for the damages they caused. If this is not done in a timely fashion, the person could lose their right to begin the process of an Atlanta personal injury case and recover uninsured motorist coverage from their own insurance company.
