Brookhaven, GA Personal Injury Lawyer

The days and weeks after suffering a personal injury can be chaotic. You will likely have mounting medical expenses while also worrying about covering lost wages.

Fortunately, you can get coverage for these damages and more by filing a personal injury lawsuit. Our team has been helping clients get justice for their injuries for years and can walk you through every step of the claims process. During our first meeting, we will review the causes of your accident and assess the severity of your injuries. From there, we will gather evidence and use it to prepare your claim. Our team will make sure the necessary procedures are followed when we serve your lawsuit on the defendant. In most cases, we will usually be able to settle the case long before a trial is necessary. Still, we will not hesitate to take your case to court.

For a free case review with our personal injury attorneys, call Rice, Murtha & Psoras at (470) 287-3070.

What Happens When Filing a Personal Injury Lawsuit in Brookhaven, GA?

Most people know that they can seek compensation through a lawsuit when someone injures them. However, they might not fully understand what that process entails. Many worry that a personal injury lawsuit will be too stressful and not worth the effort. Fortunately, our personal injury attorneys can help you through every stage of your claim, handling the challenging issues while you focus on recovering. We will get evidence from adverse parties, draft legal documents, and arrange for witnesses to testify on your behalf. The following will help you understand what to expect when filing a lawsuit in Brookhaven:

Our First Meeting

Every lawsuit starts with an initial consultation. As mentioned, our firm offers case reviews for free, so you need not worry about paying a fee to speak to our lawyers. What is most important during our first meeting is getting to know you and about the incident that brought you into our office.

During our discussion, we will ask general questions like your address and birthday. We will also ask about where you work, your average pay, and whether you have missed any days since getting injured.

Next, we can discuss the potential defendant and details of the accident. We will need at least the defendant’s name and address so we can serve your lawsuit at their residence. You might also have additional information, such as the person’s insurance information for a car accident or the name of a business where an accident occurred. As we get more details about your case, we might determine whether other parties are at fault.

We will also want to know about your injuries. Of course, we do not expect you to know every detail about your injuries or diagnoses. Once we know the facilities you have been treated in, we can request the medical records with your authorization and determine the extent of your damages.

In some cases, clients might already have evidence with them when we meet, such as emergency room records and pictures. This is a great start, but it is okay if you do not. Our team will gather evidence from any place we need to get it to build your case.

Lastly, we will determine when the statute of limitations will run. This is the deadline to file your lawsuit. According to O.G.C.A. § 9-3-33, you will typically have two years from the date you were injured to file your claim, so do not wait to contact our attorneys.

File Your Claim

After our first meeting, we should have everything we need to get your lawsuit started. Depending on how your personal injuries occurred, we might file only a complaint with the court or a complaint and an insurance claim. For example, if you were injured in a car accident, we will usually start by filing a claim with the negligent driver’s insurance. In most cases, we would also file a lawsuit, which allows us to pursue damages insurance might not pay out. Filing a lawsuit also helps with insurance negotiations, as most insurance companies would rather keep the case out of court.

When your complaint is filed with the court, your lawsuit will have officially begun. However, we will need to submit some evidence along with your complaint so it is not dismissed on the defendant’s motion. In most cases, we will submit your medical records, which is typically enough evidence to continue the case.

Most importantly, we will ensure due process is followed. This means following the civil procedure rules and serving the defendant with the lawsuit. This allows the defendant a fair chance to get legal counsel and respond. When we file your complaint, the court clerk will issue a summons stating where the trial will be held and what time to appear. We must serve the complaint and the summons on the defendant at the same time, according to § 9-11-4(e).

Also, mailing these documents to the defendant will not be sufficient to render service. Under § 9-11-4(c)(1), the county sheriff’s office must serve the defendant where they can be found. If due process is violated, the court will likely dismiss the case, which will not prevent you from refiling but will cost extra time and money.

Negotiate a Settlement

Most lawsuits settle before going to trial. Contrary to popular belief, lawsuits are not about surprising the other side. The discovery process allows the plaintiff and defendant to gather testimony and documents so that everyone involved is operating on the same evidence.

After questioning the defendant under oath during depositions, negotiations with the defendant’s attorney can truly begin. We will have assessed your damages fully by this point, including your economic and non-economic losses, and demanded it in exchange for withdrawing the case.

However, the first offer to settle is rarely the best one. The defendant will be eager to save as much as they can, but you should not accept an offer that does not cover all your damages, including future expenses. Once you settle your lawsuit, you will not be able to file one again for the same accident to recover additional compensation. If we cannot secure a number you find appropriate, we will be ready to argue the evidence in court.

Go to Court

Trials can be stressful, especially if you need to testify, which is likely. Our team will make sure you are prepared and know what to expect as the trial proceeds. We will have a good idea of what the defendant’s attorney will ask, so you will be ready.

It is also possible to settle the case just before the trial begins. Some defense attorneys take negotiations to the final minute to pressure you. When they see you in court ready to fight your case, they might back down.

Our Brookhaven, GA Personal Injury Lawyers Can Provide the Legal Support You Need Today

Call Rice, Murtha & Psoras at (470) 287-3070 for a free assessment of your case with our personal injury lawyers.