Personal Injury Claims Process in Georgia

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The specific process for personal injury claims varies from state to state. The general steps of the process, however, remain similar for most types of personal injury claims in Georgia and elsewhere. What’s also important are the deadlines and time limits associated with the process, and missing a deadline could significantly harm the personal injury claim.

At the Griffin Law Firm, our personal injury attorney in Atlanta knows the process and files timely claims. Call us today at 678-968-2414 to schedule your free initial consultation.

How much is your Personal Injury claim worth?

There is nothing more important than knowing the value of your personal injury case so you have the goal for your case. Submitting your personal injury claim using our free Settlement Calculator below is the best way to find out the projected value of your personal injury claim.

Overview of Personal Injury Claims Process

The process of a personal injury claim depends on multiple factors, like the injury, the location, and victim, and the at-fault party. The general process, however, can be summarized as the following seven steps.

  1. Initial consultation, where the victim meets with an attorney to discuss the claim.
  2. Investigation, where the facts and circumstances are investigated, collected, and analyzed.
  3. Treatment, where the victim gets and continues with medical treatment or a care plan.
  4. Demand package, where a personal injury claim or demand letter is sent to the at-fault party.
  5. Negotiations, where the parties negotiate the terms and amount of compensation.
  6. Settlement, where the parties agree to a settlement.
  7. Litigation, where settlement fails and trial ensues.

Initial Steps Following an Accident or Injury in Georgia

Following an accident or injury, it is crucial to seek immediate medical attention to treat any injuries. Medical treatment is important for the injured person’s well-being, but a failure to seek treatment could also be viewed as a sign that the injuries were not serious.

Additionally, an injured person should consult a personal injury attorney as soon as possible following an injury. This allows the attorney to start the investigation early, request the required records, and review any insurance policies. A personal injury lawyer will know the required factual circumstances to establish liability and the records needed to secure compensation in a settlement or at trial.

Demand for Compensation and Negotiations

A demand for compensation is commonly submitted to the insurance companies or responsible parties’ attorneys after the injured person reaches their maximum level of recovery and the necessary facts and documents have been collected. Once submitted, the parties generally enter into the negotiation process, which could involve additional interviews and document requests.

If the parties agree on an amount of compensation for any damages, they will enter into a settlement and the claim will be resolved without proceeding to court. Many personal injury claims result in settlements prior to filing a lawsuit. There is a risk of stalling negotiations, however, when the parties view the case’s value or circumstances differently.

Personal Injury Lawsuit Process in Georgia

It is important to understand that filing a personal injury lawsuit does not mean a claim can no longer be resolved through a settlement. Rather, cases are typically filed to comply with the state deadline, known as the statute of limitations, which could bar recovery if not met.

There are three basic stages that make up the process of a personal injury lawsuit: pleadings, discovery, and trial.

  1. Pleadings. The pleadings stage includes the injured party’s complaint and demand for judgment as well as the other parties’ answers and defenses.
  2. Discovery. The discovery phase includes written questions and depositions for further investigation of a case.
  3. Trial. The trial is generally the final step in the lawsuit where each side presents their case, and a judge or jury determines fault and the amount of compensation, if any.

Throughout each of these stages, both parties can and should continue to negotiate for a settlement. At the Griffin Law Firm, we believe any settlement must favor our clients and provide them with the compensation they deserve.

When to Hire a Personal Injury Attorney in Atlanta

A personal injury attorney is not required to pursue a claim. That said, the process is complex and requires significant knowledge and understanding of the laws and rules that govern personal injury claims. For this reason, it is always a good idea to discuss a personal injury claim with an experienced attorney even if it is a minor claim that might seem straightforward. That’s where the Griffin Law Firm steps in.

Without representation, the insurance company has the upper hand and usually denies the claim or offers pennies on the dollar of what the injury claim is actually worth. Hiring the experienced injury attorneys at the Griffin Law Firm, gives you the representation needed to be fully compensated for your personal injury or workers compensation claim.

Do personal injury claimants usually recover more if they hire an experienced personal injury attorney?

Yes. A report from the Insurance Research Council concluded that personal injury claimants typically recover 3.5 times more when represented by an attorney. When someone represents themselves for their personal injury claim, they often believe they are saving money by not paying an attorney fee. From our experience, we have increased the value of our client’s personal injury claims by a lot more than 3.5 times after they hired us. However, since the personal injury settlement is much less without an attorney, not having representation usually costs you tens of thousands of dollars.

How much higher will your injury settlement increase by hiring an attorney?

  • Insurance Research Council’s Report Example:
    • If some recovered $10,000 for their personal injury claim without an attorney, this study found that the same case would have settled for at least $35,000 with an attorney.
  • Griffin Law Firm Personal Injury Case Example:
    • Our injury attorneys often turn offers of $2,000 or less into settlements of $25,000 or more.
    • In one case, attorney Richard Griffin obtained a one million dollar jury verdict on a personal injury claim that had been totally rejected before the claimant hired us.
  • Griffin Law Firm Workers’ Compensation Case Example:
    • In a workers’ compensation claim, attorney Richard Griffin routinely turns zero offers into workers’ compensation settlements of $50,000 to $100,000.

Why should you hire the Griffin Law Firm?

Legal problems can be incredibly stressful. During this challenging time, a dedicated and reliable attorney can make a significant difference in the outcome of your matter. If you’re seeking legal guidance, We have the expertise that you need. The Griffin Law Firm is focused solely on the needs of our clients. We provide professional and effective representation.

Frequently Asked questions

What if I was partially at fault for the accident?

There is a comparative negligence rule in Georgia. The rule allows victims to recover damages if they are found to be less than 50% at fault. However, it is important to note that your compensation will be lowered by your percentage of fault.

How much is my personal injury case worth?

The value of your case depends on many factors, including the severity of your injuries, medical expenses, lost wages, and pain and suffering. An experienced Snellville personal injury attorney can provide a more accurate estimate after reviewing your case details.

Will my personal injury case go to trial?

A: Most personal injury cases settle out of court. However, if the insurance company doesn’t offer a fair settlement, we are prepared to take your case to trial to fight for the compensation you deserve.

How much does it cost to hire a personal injury lawyer in Snellville?

At Griffin Law Firm, we work on a contingency fee basis. This means that victims don’t have to pay any upfront costs, as we only get paid if we win your case. Our fee is typically a percentage of your settlement or court award.

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