Understanding Atlanta Personal Injury Cases
When life becomes challenging because of the accident that you have endured, your options for recovery may be limited. Fortunately, one option available is through the courts. A dedicated team of attorneys could help you understand your Atlanta personal injury case and build a claim against the responsible party for your losses. A successful courtroom or settlement could help you recover and address your financial needs that have stemmed from your accident.
Examples of When Re-filing a Case May Improve a Victim’s Case
Sometimes, lawyers realize that a court might never give them a jury they could win with. Sometimes a judge shows bias against the case; although that is quite rare. Most judges are competent and fair people. Sometimes, a case has a string of bad rulings that do not allow it to proceed with a reasonable expectation of success. In those cases, the lawyer could dismiss, regroup, and start over.
What is the Discovery of Harm Rule?
The discovery of harm rule mostly occurs in malpractice cases and chemical exposure cases. A person might be exposed to a chemical that causes cancer. At the time victims were exposed, they did not know they were being injured but later on, they get cancer, perhaps a signature cancer from a particular chemical or product. They realize they were exposed 30 years ago. The statute does not begin to run until they knew or should have known of a correlation between their exposure and their injury.
The exposure rule and discovery rule relates to when victims first know or should have known of their injuries and their connections to the wrongful conduct. In a medical malpractice case, this is often associated with the leaving of a foreign body inside the patient like a sponge, needle, or clamp. Sometimes, the doctor removed the wrong body part and the person did not realize it until later that the wrong part of the body was operated on.
Defending Against Claim Adjusters
People could ensure that claims adjusters do not ruin their opportunities to collect in a personal injury case by getting competent legal counsel as quickly as possible and understanding Atlanta personal injury cases as a whole. The lawyer knows that a skilled claim adjuster’s primary job is to represent the interests of the wrongdoer. A team of attorneys could make sure that the claims adjuster does not have all the advantages. A good lawyer makes sure he or she gives the advantage to the victim of the case.
What is the Statute of Limitations for Minors?
Medical malpractice has an internal statute of limitations for minors plus statutes of repose. When a medical malpractice case involves minors, a lawyer should be contacted as soon as possible. Every case is different and the statute of limitations is not something one could calculate. For other kinds of claims for minors, assuming it is not a product liability case that involves the statute of repose, the statute of limitations is held until the injured person’s 18th birthday plus two years after that.
Pleading Explained
Everything filed in the courthouse that is not discovery is considered a pleading and includes the complaint and the answer. Those are classically called pleadings. In addition, some motions are called pleadings. Those could be motions for summary judgment, motions to compel, motions to dismiss, and the responsive motions in reply. Typically, a defense lawyer files motions for summary judgment.
The initial complaint in all cases except malpractice cases must include enough facts to apprise the wrongdoer about what he or she did wrong, why a person should be compensated for what he or she did wrong, and a basic claim for damages. The damages claims should specify the number of lost wages and medical bills, although that could be amended later. In a malpractice claim, the complaint must also have an affidavit from an expert attesting to at least one act of negligence by the doctor, nurse, or hospital that is alleged to have made an error. That is true for any claim against a professional including an engineer. Any claim against a professional must have an affidavit by another professional that the person committed professional negligence.
For victims of medical negligence, it behooves them to consider a team of attorneys who could rely on the expert testimony of an in-house doctor. Attorneys could then gather his or her testimony and present that information in court or negotiations with cutting-edge technology.
What Is a Summons?
A summons is part of a process that begins the lawsuit. When the lawsuit is served on the named wrongdoers, whether it is a person or entity, if the complaint is accompanied by a document called a summons, the summons compels them to come to court and explain why the allegations set forth in the complaint should not be granted.
The service of process is usually handled by the Sherriff’s or Marshall’s Department. It may also be served by a private process server who is authorized by the court to serve summons.
For More Information Speak Directly to a Lawyer
If you or someone you know was harmed, understanding Atlanta personal injury cases is essential if you wish to hold responsible parties accountable in civil court. While monetary compensation cannot undo the harm that you or someone you love has suffered, it could help you return to a stable routine. Call today to speak to an attorney who takes calls after hours and to start your free case review.
