If you’re involved in a car accident, there will be two things on your mind: making sure that you’re safe and how you’re going to get compensated. After the dismal of the auto accident subsides, the realities of your situation will quickly hit you. There will be an insurance company to deal with, forms to fill out, and attempted ways to obtain compensation. And all of this will leave you wondering whether you have to go to court if you file a car accident lawsuit.
At the CEO Lawyer Personal Injury Law Firm, we are pleased to offer our legal services and we will answer all your questions. Whether it is a minor fender bender or you are severely hit by a reckless driver, getting into an accident can be devastating. And settling claims for your injuries and losses is a lengthy process that may or may not require a court battle. Set up a consultation with us at (470) 323-8779 for a free case evaluation, or reach us online to determine your best legal options.
Car Accidents in Georgia
Georgia is a fault state, which means an at-fault driver is involved in every car accident. If you were injured or your vehicle was damaged due to another’s negligence or recklessness, you may be able to file a claim against the responsible party.
You have two years from the date of your car accident to file a personal injury claim against the at-fault driver. While this may seem like a lot of time, you must speak with an attorney about your case as soon as possible. The longer you wait to contact an attorney, the more time the insurance company has to build a defense and minimize their chances of having to pay you.
For car accident lawsuits, the pre-trial negotiation is usually used to resolve the matter out of court. Before you decide, understanding what you can gain or lose during this phase is essential. Knowing the options available in the pre-trial stage can help you make the best decision possible when it’s time to settle your case.
Reasons Your Case May Go To the Trial
Negotiating a settlement during pre-trial negotiations is the most common outcome of a car accident case. However, some lawsuits are complex, requiring you to take your case to court for the following reasons:
The Insurance Company Won’t Settle
If you have experienced severe injuries, you may need long-term medical care and treatment. You may also be unable to work because of your injuries, leading to serious financial strain on you & your family. If the insurance company offers you a settlement that is substantially less than what your case is worth, you will probably want to refuse the offer and continue to trial.
Either they don’t think you have a strong claim, or they believe you’ll be willing to accept less money because it’s easier than going to court. In either case, it’s best not to take their offer and consult an injury attorney to represent you in the court.
Problems Establishing Liability
As with every accident, liability must be established, and the at-fault driver’s insurance company must accept responsibility before you receive the compensation. However, some cases are complicated, and the liability is unclear. The insurance company may refuse to accept liability for any accident, either by denying their client’s fault or by challenging the severity of your injuries.
If there are ambiguities about who caused the accident or if both parties share the blame, then going to trial can clarify the fault and expedite the process of receiving fair compensation.
What Happens Before The Case Goes To The Trial?
In Georgia, after the car accident, you have two years to file a lawsuit against the at-fault party. If you fail to do so, you lose your right to receive compensation. Below are the few things that happen before the circumstances of your case take you to court:
Case Investigation
After being involved in a car crash, it is best to consult attorneys at the CEO Lawyer Personal Injury Law Firm. If you hire us and have a strong claim, we will begin the process of investigating your case. This includes gathering evidence, interviewing witnesses, and obtaining medical records.
We will also work with you to determine what damages were caused by the accident. This includes quantifying medical expenses, lost wages, and less tangible damages such as pain and suffering. We may also hire expert witnesses or accident reconstructionists to help establish liability and damage if required.
Filing the Claim
Once all of the information has been gathered, we will draft a demand letter outlining your case and the totality of the damages caused by the accident in question. This letter is then sent to the liable party’s insurance company. They will respond with their offer for settlement or refuse to settle at all.
Negotiations
When your insurance company sends you an offer that is much lower than the settlement you actually deserve, our injury attorneys can negotiate with them for a fair amount. Most cases conclude at this point, i.e., the insurance company agrees to pay a reasonable amount, and you receive your entitled compensation. However, if both parties are unable to compromise on settlement terms, you may have to take your case to court.
Hire Experienced Attorneys at the CEO Lawyer Personal Injury Law Firm
According to the American Bar Association, most civil cases are settled through a mutual agreement of both parties without the need for a trial. Settlements are often faster and more affordable than litigation, and they offer more control over the outcome because both parties have a hand in deciding them. With that said, sometimes, if there are complications with your claim, you will have no other choice but go through litigation.
At the CEO Lawyer Personal Injury Law Firm, our injury and accident attorneys have years of experience representing people in vehicular accidents and personal injury cases. With our help, you’ll better understand how to proceed with your case and what options are available to you.
Our lawyers will handle your case from start to finish and deal directly with the insurance companies. If a trial is necessary, we’ll represent you in court. You can rely on our experienced lawyers to negotiate the maximum compensation for your injuries and other damages. We are happy to provide you with a free case evaluation. Give us a call at (470) 323-8779 or contact us online.
