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Georgia Car Accidents: Bringing a Lawsuit

Betty Nguyen Davis Team

How Do You Bring a Car Accident Lawsuit In Georgia?

In Georgia, a party who is injured in a car accident has the right to bring a lawsuit against the at-fault driver who caused the collision. The process can be relatively complex, time-consuming, stressful, and costly. Before you file suit, you’ll need to be prepared with information about the value of your case, the liability of the other driver, whether any witnesses saw the wreck, and evidence of your injury and its costs. You’ll need this information in order to accurately and fully present your claim to a jury; or, if you do not end up filing a lawsuit, you will have sufficient information to provide an insurance company to fairly settle your claim. A Georgia personal injury attorney will normally take the following steps in initiating your claim and preparing it for trial.

Initial Investigation

In order to gather evidence for a Georgia automobile accident claim, your personal injury attorney initiates an investigation immediately. In order to determine whether the other party acted negligently and is at fault, your attorney may:

  • obtain and review the police/accident report;
  • obtain and review any video footage of the accident;
  • contact and interview witnesses of the collision;
  • contact and interview the report police officer;
  • visit the scene of the collision;
  • obtain the disposition of the traffic ticket to the other driver, if any; and,
  • obtain and review photographs of the accident.

Setting Up A Claim & Determining What Type of Insurance Coverage is Available

One of the first things your Atlanta personal injury lawyer will do when initiating your claim for injuries is determine the type and amount of insurance coverage available and notifying the insurance companies about your claim. Unfortunately, suing an uninsured individual may not be economical, unless that individual has assets that you can collect upon obtaining a judgment in court. Thus, the availability of automobile, umbrella, or other types of insurance would be ideal for your Georgia automobile accident claim. In order to determine whether the at-fault driver has insurance, your attorney will likely:

  • call the insurance company shown on the police report to set up a claim;
  • send a letter to the insurance company for the at-fault driver requesting insurance coverage and limits information (pursuant to a specific Georgia law requiring disclosure of such information);
  • send a letter to the at-fault driver requesting insurance coverage information; and,
  • send a letter to your insurance company requesting insurance coverage information.

Evaluating the Value of Your Case

Your Georgia injury attorney will also look at your case to determine its value. The legal term for the amount of your claim is often referred to as “damages.” Some of the following factors come into play when looking at how much your Georgia accident case is worth:

  • the clarity of the other driver’s liability;
  • your present and future medical expenses;
  • the severity/type of your injury;
  • the severity of property damage caused to your car;
  • whether the at-fault driver was under the influence of alcohol, drugs, or other illegal substances;
  • whether the at-fault driver was distracted by his/her cell phone or other factors;
  • the amount of your lost wages or loss of future earnings; and,
  • whether the accident caused your injuries.

Negotiating Settlement With Insurance Companies

After evaluating the viability and value of your claim, your Georgia personal injury attorney will contact the insurance companies to talk about possibly settling your claim. Sometimes, this part of the process is sufficient to obtain fair or acceptable compensation for your claim. If the insurance companies refuse to fairly settle your claim, then you will have to file a lawsuit against the at-fault driver.

Filing a Personal Injury Lawsuit In Georgia

After your Atlanta automobile accident attorney has gone through the steps to set up your claim and cannot settle it, you should be ready to file a lawsuit. Filing a lawsuit starts with the filing of a complaint and summons in the county where the at-fault driver lives or where the Georgia accident occurred. The complaint outlines the facts of the case and your theories as to why the at-fault driver is responsible for your injuries. The at-fault driver must answer the suit, and then both parties engage in “discovery,” which is the legal process for exchanging evidence relating to the case. The final step is trial, where you present your case to a jury, and the jury determines the outcome of your case.

Our Georgia Auto Accident Attorneys

The Davis Injury Firm competently handles Georgia automobile accident cases by thoroughly investigating your claim, finding available insurance coverage, and maximizing your recovery in a personal injury case. For a consultation with an Atlanta personal injury attorney, call (404) 593-2620.

Client Reviews

I'm so glad I hired attorney Betty Davis to handle my complicated car accident case! She made sure I received the medical care I needed and held the responsible parties accountable. Her staff is great too. The Davis Injury Firm handled everything for me while I recovered from the accident. Betty was...

Jane C.

I would recommend Betty to anyone needing an attorney who cares, is professional and gives 100% to creating the best possible outcome. In my case, Betty's skill in the courtroom brought the best of all outcomes. I don't ever want to be in another accident, but if it happens the first call I will...

Larry B.

I am super duper grateful Ms. Davis being an listening ear. She's a great communicator about every step, every inch, every mile of the case!! I will always recommend her law firm for professional, reliable, personable and honesty for any and all my injury cases!!! Thanks again Ms. Davis.. I am...

S. Turn.

My case was handled with thoughtfulness, and I was well taken care of by Betty, and her all around great staff, It won't feel like a business transaction, they are there for you! Highly recommend.

Alyssa F.

I had a wonderful experience working with Betty. She was there for me throughout the entire process and made me feel heard and seen.

McAllister S.

Betty and her team truly are amazing. They were thoughtful, attentive, and worked diligently to ensure that my incident was resolved. If you are looking for a transparent and fierce advocate, this is the firm for you!

Daniel D.

Betty is matter of fact and kind at the same time. She is confident and advised me while giving all of my options clearly. She's a true professional and helped me get out of my feelings and look to my best interest. My case was completed and I am happy with my compensation.

Anne V.

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