Steps in a Personal Injury Lawsuit
While every personal injury case is unique, most of them involve the steps outlined below. However, handling this process on your own is extremely difficult if you are unfamiliar with it and do not have a strong advocate working with you.
This is why you should strongly consider working with a qualified attorney. Contact Roden Law to schedule a free, no obligation consultation with one of our personal injury lawyers in Savannah. He or she can review your claim and determine if you have a case against the at-fault party.
Seek Medical Treatment
The first step you should take afer being injured in an accident is to seek medical treatment as soon as possible. Seeking immediate medical treatment can help you identify your injuries and provide you the care you need.
Additionally, seeking medical treatment demonstrates to insurance companies that you were hurt by the accident. The sooner you seek medical treatment, the easier it is to establish a connection between your injury and the accident.
Consult with an Attorney
Once you have received medical treatment and have a better understanding about the damages you suffered, consider contacting a qualified personal injury attorney. He or she will examine your claim to determine which legal options may be available to recover compensation for your losses.
During your free consultation, our attorneys will review your claim to determine if the following elements are present:
- The other party involved in your accident had a duty of care to avoid causing you harm
- The other party breached his or her duty by acting in a manner that jeopardized your safety
- There is a causal link between your injury and the other party’s breach of duty
- You suffered measurable damages due to the other party’s negligence
Your attorney will also be able to provide you an accurate estimate of the amount of compensation you can pursue for your injury and financial losses. He or she will use this amount to negotiate a fair settlement on your behalf.
Investigate Your Accident and Injuries
After consulting with an attorney, he or she will conduct an independent investigation of your claim to help you build a case against the at-fault party. This includes reviewing:
- The police or accident report
- Pictures or video of the accident scene
- Testimony from witnesses, if applicable
- Medical records and bills
- Your employment history and the wages you may have lost due to your injury
- The at-fault party’s actions during the accident
Our attorneys may also consult expert witnesses while investigating your claim. This includes medical specialists who can explain the severity of your injury and how it may affect your life. We may also consult with an accident reconstruction specialist to understand how the accident occurred.
File a Personal Injury Claim and a Demand Letter
Most accident victims will first try to secure compensation by filing a claim with the at-fault party’s insurance company. However, if you do not receive enough compensation, your attorney can help you file a demand letter to obtain a larger settlement.
Your attorney will prepare a demand letter that outlines why the at-fault party is legally responsible for the accident and summarizes the extent of your damages. This includes the injuries you suffered and the amount of compensation you believe would fairly cover your expenses.
The at-fault party’s insurance company has the options to either accept the terms in your demand letter or deny your requests. If this occurs, your attorney will file a lawsuit against the at-fault party.
File a Lawsuit
If you are unable to secure a fair settlement, you may then file a personal injury lawsuit against the at-fault party. However, there is a two-year statute of limitations for personal injury lawsuits filed in Georgia, according to O.C.G.A § 9-3-33.
Although two years seems like a long time to file a lawsuit, your attorney will need time to properly handle your case. This includes building a case to support your claim and negotiating with an insurance company. For this reason, you should consider contacting an attorney as soon as possible.
Filing a lawsuit does not mean you will need to go to trial. Instead, many lawsuits are settled through mediation. This is an informal process where each party’s claim is heard by a third-party mediator. He or she will work to help both parties to reach a settlement. Our lawyer are trained negotiators who have experience with mediation and will work to obtain a fair a settlement for you.
The final option you have is to take your case to trial. Once the trial begins, your case may be heard by a judge or jury who will decide whether the at-fault party is responsible for your injury and owes you compensation.
However, bringing a successful lawsuit in court requires you to have a strong case against the at-fault party and use evidence to prove he or she is liable for your injury. Roden Law’s team of dedicated attorneys is prepared to take any case we accept to trial. We are experienced trial lawyers with the skills and experience you need to help you pursue fair compensation.
Contact Roden Law to Schedule a Free Consultation
For qualified legal help during a personal injury lawsuit, contact Roden Law’s personal injury lawyers in Savannah.
We will provide you with a free, no obligation consultation to help you determine if you may be entitled to compensation. If we find you have a case against the at-fault party, we will represent you for no upfront costs and only require payment if we recover compensation for you.