If you’re a motor vehicle accident victim due to someone else’s recklessness, you’ll likely be bothered about the after-effects of the crash. For example, you may get worried about the extent of your injuries and your recovery chances. Next comes the questions about footing your medical bills and replacing your lost or damaged property. So, if your injuries were due to another’s carelessness, you may contact a personal injury attorney for a settlement claim.
In a settlement claim, you’ll approach the responsible party’s insurance company for compensation for your physical injuries and property damage. The settlement process usually involves your attorney negotiating compensation amounts with the insurance adjuster. If you accept their offer, the claims process ends when you receive the agreed sums.
However, not all motor vehicle accident claims processes are seamless. Sometimes, the insurance company may deny your claims and force you to file a lawsuit. We’ll let you in on what to expect in such cases if you’re in Atlanta.
When Do I Need to File a Motor Vehicle Accident Lawsuit?
Usually, a lawsuit isn’t the first course of action after a motor vehicle accident. Many times, claimants will first have to explore negotiation settlements to get their due compensation. However, personal injury settlements aren’t always successful. As such, the victims may need to file a motor vehicle accident lawsuit to get the justice they deserve.
You’ll know that it’s time to file a claim in court when:
The Insurance Company Denies Your Claim
An insurance company may deny your claim for good reason. However, they may also refuse your claim without a reasonable explanation. If you feel that the insurance company dismissed your case unjustly, you can contest such denial in a lawsuit.
Settlement Negotiations Break Down
The at-fault person’s insurance may accept liability for your injuries but offer you meagre damages. If that’s the case, you aren’t obligated to accept their offer. Instead, you can file a claim in court if you’re sure that you deserve better.
The Negligent Party Has No Insurance
You can only pursue a settlement claim when the defendant has a valid insurance policy. If they don’t, your only option for recovering damages will be a personal injury lawsuit.
You’re Reaching Your Deadline
Personal injury claims don’t go on forever. In Atlanta, subject to some exceptions, you must file a personal injury lawsuit within two years from the accident date. Failure to do so may mean forfeiting your compensation.
So, if you feel that your settlement claims are taking too long, you can file a lawsuit immediately. That will ensure that you’re able to meet up with the statute of limitations.
The Stages of a Car Accident Lawsuit in Atlanta
Generally, a personal injury lawsuit starts with your lawyer issuing a complaint to the defendant. After that, the case commences in the following stages:
Pleadings refer to your allegations and the defendant’s answer to them. This stage is when the defendants may likely state their defenses to your claims.
The Discovery Phase
The discovery stage starts when you ask the defendants to admit or deny certain facts. The facts that they deny become the issues in contention. Next, you can request the production of documents and things in the defendant’s possession to prove your case. Both parties are also subject to interrogatories in this stage. Finally, the discovery phase helps the litigants to discover the evidence their opponents will rely on in the trial.
Pre-Trial and Mediation
Pre-trial mimics the real trial, except that the aim is to help both parties reach an amicable settlement. A pre-trial also helps to simplify the issues in the case and eliminate unnecessary defenses.
If both parties cannot settle, the case proceeds to trial. Here, the parties try to convince the judge to take their sides. They will put their best arguments forward and call witnesses to prove their claims.
After trial, the judge assesses the arguments and evidence of both parties and gives their ruling.
Let Our Personal Injury Lawyers Get You the Help You Deserve!
Winning an Atlanta car accident lawsuit without hassles is possible with legal assistance from our personal injury lawyers. Our team of legal professionals will take over your legal burdens completely while giving you enough room to recover from your injuries. At The Weinstein Firm, our primary concern is getting you justice at all costs, regardless of your financial capabilities. So call today to schedule a free case review.
Therefore, you can consult with us without paying a dime and begin your claims process with no upfront fees. Also, we’re available round the clock to attend to all your legal needs. So, waste no further time. Give us a ring immediately.