Will I Have to Go to Court if I File a Car Accident Lawsuit in Georgia?

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filing a lawsuit with a Georgia car accident lawyer

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 (833) 254-2923 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.


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 (833) 254-2923 or contact us online.

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Frequently Asked Questions

After a personal injury, you're bound to have legal questions. The CEO Lawyer Ali Awad can provide you with answers to these questions, just as he's given answers to his millions of curious social media followers. Take a look at some of the most common personal injury law questions for general information, and then reach out to one of our seasoned attorneys for specific guidance on your case!

Contact us now (833) 254-2923.

Help Negotiating with Insurance Carriers

To quickly resolve matters following an accident, insurance companies will offer you less than you deserve in compensation for your injuries. Many victims feel pressured to accept these offers as the bills begin to pile up, but that is rarely a good idea. The insurance company is looking to protect its bottom line; and will offer injured victims less than they deserve. An experienced personal injury attorney understands how to negotiate with the insurance company and can look out for your best interests by getting you the compensation you deserve after an injury. If you or a loved one has been injured in an accident, it is important to avoid negotiating or providing recorded statements to the insurance company without first seeking help from a qualified personal injury attorney.

Do You Have a Personal Injury Case?

The best way to determine if you have a personal injury case is to speak with a knowledgeable attorney. Our legal professionals have the expertise to evaluate your case and determine a strong legal strategy so that you can obtain the greatest amount of compensation possible under the law. We will enlist investigators, assistants, and other specialists to collect accident reports, speak with witnesses to your accident, and put together a plan. While you focus on your physical recovery, we will remain committed to fighting for the compensation that you deserve.

Georgia's Personal Injury & Accident Firm

Accident victims have a limited time to file a personal injury lawsuit. This time period is referred to as the statute of limitations, and in Atlanta, it lasts only two years. This means that if you or a loved one has been injured in an accident, you have only two years to pursue a personal injury suit. If you wait too long to reach out to an experienced attorney, you might be forever barred from seeking the compensation you deserve.

What to Expect From Your Initial Consultation With a Personal Injury Attorney?

During your initial consultation with CEO Lawyer team, we will go over the important details of your personal injury accident, which include the nature and extent of your injuries, how your injuries have impacted your ability to earn a paycheck, the cost of your medical treatment, and whether further medical treatment will be required. We will answer any questions you might have, as well, in regards to our experience, our track record of success, and what to expect from the legal process. Many personal injury victims wonder if they will be able to afford the legal fees required to pursue a lawsuit. CEO Lawyer injury and accident attorneys will not ask for any type of upfront fee unless we are successful in obtaining compensation for you. That means that if you have been harmed in a motor vehicle accident, slip and fall accident, defective product accident, or any other type of personal injury accident, you can absolutely afford to contact our law office today for assistance. In fact, you cannot afford to wait. Reach out today. We understand that some accident victims might have already obtained the assistance of an attorney but may be dissatisfied with the services provided. We are standing by and prepared to help you change legal representation, regardless of where you are in the process.

Speak to an Experienced Personal Injury Attorney Today

If you or a loved one has been injured in any type of personal injury accident, you should not hesitate to speak with the experienced attorneys at CEO Lawyer personal injury law firm. Call, email, or fill out our online contact form today so that we can begin helping you pursue the compensation you deserve.