If you’ve been involved in a car accident in Georgia, the process of pursuing a lawsuit can feel overwhelming. The car accident lawsuit process is designed to ensure that you’re fairly compensated for your injuries, medical expenses, lost wages, and other damages.
Steps in a Car Accident Lawsuit
In this guide, I’ll walk you through the steps involved in a car accident lawsuit, so you know exactly what to expect and how an experienced attorney can guide you every step of the way.
1. Insurance Company Makes an Initial Offer
After a car accident, the at-fault party’s insurance company will likely make an initial settlement offer. This offer is usually low and doesn’t fully account for the extent of your damages, including medical bills, lost wages, and pain and suffering. It’s important to remember that this first offer is rarely their best offer.
The insurance company’s goal is to close the claim as quickly and cheaply as possible, often without fully considering the long-term effects of the accident on your health and finances. This is why many people reject the first offer and choose to negotiate for a fairer settlement.
2. Negotiation Begins
Once you’ve received an initial offer, the next step is negotiation. Insurance adjusters often start with a low offer, hoping that you’ll accept it without realizing the full value of your case. Negotiating can take place over several rounds, with the insurance company slowly increasing its offer as both sides evaluate the merits of the case.
Having an attorney on your side is crucial during this phase. A lawyer can draft a well-crafted demand letter, providing a detailed breakdown of your injuries, medical treatments, and lost income. This letter presents the full value of your claim and gives you leverage in negotiations. If the insurance company still doesn’t offer a fair settlement, your lawyer can escalate the matter and begin litigation.
3. Filing a Lawsuit Against the At-Fault Driver’s Insurance Company
If the negotiations don’t result in a fair offer, the next step is to file a lawsuit. In Georgia, you typically have two years from the date of the accident to file a personal injury lawsuit. This is called the statute of limitations. However, if a ticket is issued to the at-fault driver and it takes time for the case to be resolved, the statute of limitations could be extended until the ticket’s disposition.
If you don’t file a lawsuit within the two-year period, you could lose your right to seek compensation. That’s why it’s crucial to act quickly if you’re considering legal action.
4. Discovery and Deposition
Once the lawsuit is filed, you enter the discovery phase, where both parties gather evidence, conduct depositions, and exchange documents. This is the time when your attorney will gather key evidence, such as medical records, accident reports, and witness testimony. Your lawyer may also arrange for expert witnesses, such as accident reconstructionists, to help build your case.
Additionally, you may be required to give a deposition, which is an out-of-court sworn statement where you answer questions about the accident and your injuries. This is a critical part of the process, as it allows both sides to gather detailed information before trial.
5. Mediation or Settlement Talks
At any point during the litigation process, the case can move to mediation or further settlement negotiations. Mediation is a form of alternative dispute resolution where both parties meet with a neutral third party to try to reach a settlement without going to trial. If a settlement is reached in mediation, the case can be resolved without the need for a trial.
Mediation often takes place after discovery but before trial. Many car accident cases settle during this phase, but it’s important to have an attorney by your side to ensure that the settlement offer reflects the full value of your injuries and damages.
Car Accident Trial Process
6. Going to Trial
If mediation fails or the insurance company still refuses to offer a fair settlement, your case will move to trial. Going to trial means that a judge or jury will hear your case and decide the amount of compensation you are entitled to.
The trial process involves presenting evidence, calling witnesses, and making legal arguments. Your attorney will argue on your behalf to prove that the other party was responsible for the accident and that you deserve compensation for your injuries.
In Georgia, only about 20% of car accident cases go to trial. Many cases are settled before the trial begins, but if your case does go to trial, it can take several months or even years to reach a final verdict.
7. Post-Trial: Receiving Your Settlement
After a successful settlement or trial verdict, the next step is collecting your compensation. In Georgia, settlement payments are typically processed within 30 to 60 days of the agreement, though this may vary depending on the complexity of the case. Your attorney will ensure that any liens from medical providers or health insurance companies are paid, and your settlement is distributed accordingly.
8. Protecting Your Settlement: Structured Settlements and Tax Considerations
In some cases, the settlement amount may be large, and you might consider a structured settlement, which allows you to receive payments over time rather than in a lump sum. This can be beneficial for long-term financial planning and protection, especially if you’re concerned about medical needs down the road. Additionally, taxes on settlement money are generally not required, as it’s considered compensation for personal injuries, not taxable income.
Car accident claims can be complicated, but with the right legal representation, you can navigate them effectively. From handling the insurance companies and filing a lawsuit to gathering evidence and representing you at trial, an experienced attorney can make a significant difference in the outcome of your case.
At Kalka Law Group, we’re committed to getting you the compensation you deserve. If you’ve been involved in a car accident, don’t hesitate to contact us for a free consultation. We’ll evaluate your case and help guide you through every step of the process.
