Filing a Lawsuit for a Georgia Car Accident Case
If you’ve been in a car accident in Georgia, you may be wondering whether you will need to file a lawsuit. Most accidents can be settled with the insurance company, but some situations may result in a car accident lawsuit being filed in court. If you’ve just been in a car accident in Georgia, read on to learn what legal actions can be taken after a car accident and the reasons you may want to file a lawsuit.
Legal Actions to Take After a Car Accident
Just because you have hired an attorney after a car accident does not mean that you are suing the other driver. The first step is to make a claim with the at-fault driver’s car insurance company and attempt to settle the claim. If for some reason the case does not settle, then you can decide whether to file a lawsuit or not, with the advice and counsel of your attorney. .
Personal Injury Claim
A personal injury claim is a type of claim that compensates victims of accidents, emotions, or reputation. Out of all claims, auto accident injury is the most common.
If you’ve been in a car accident in Georgia and want to get compensated for your injuries, filing a personal injury claim is the first place you’ll start.
Steps to Filing a Personal Injury Claim
- Seek Medical Care: It’s important to receive medical care if you’ve been in a car accident, even if you don’t feel hurt. These medical records will also be important when filing a claim.
- Prepare All Pertinent Documents: Collect documentation, such as medical records, injuries, and car damages.
- Consider a Personal Injury Lawyer: An experienced lawyer can support you in filing a personal injury claim and strengthen your chance for a fair settlement.
- Investigate the Accident and Injuries: A skilled lawyer will begin investigating everything by talking with you and getting further details of the situation to help build a case.
- Determine Negligence: Most personal injury cases focus on establishing negligence. With the support of your provided evidence, a lawyer can help you determine that the at-fault party was negligent.
- Notification of Claim and Begin Talks of Settlement: You will need to notify all parties involved that you are seeking a settlement. Once all parties have received their notice, the talks of settlement can begin.
Filing a Lawsuit
If the insurance company fails to respond to the claim or does not offer you a fair settlement amount, you can file a lawsuit in court, also known as the litigation process.
This litigation process initiates a discovery phase. At this point, each party will do an investigation into the other’s claim and defense.
In a lawsuit, it’s important that both parties respond to all requests for information and that all responses are truthful and as thorough as possible.
Once the discovery phase is over, there will be an opportunity to settle the case again. This is known as mediation, which involves a meeting with the two parties and with a neutral third party.
If mediation is unsuccessful, the case may go to trial.
It’s important to note that a can could settle at any point in the litigation process. Cases can even settle in the middle of a trial!
Reasons to File a Lawsuit for a Car Accident Case in Georgia
Negotiating with an insurance company doesn’t always come without complications. With that said, there are a couple of reasons you may want to file a lawsuit in Georgia. Here are two reasons why filing a lawsuit may be necessary:
- The insurance company is ignoring your claim for compensation.
- You have grounds to believe that you are not being fairly compensated for the accident.
You are Being Ignored by the Insurance Company
Insurance companies are supposed to protect you in instances such as a car accident. Unfortunately, it’s not uncommon for third-party insurance companies to ignore claims or mislead victims when it comes to getting compensated.
This is because insurance companies ultimately don’t want to have to pay you. However, insurance companies are obligated to act in good faith.
You’re Being Offered Less Than What You Deserve
In other cases, the insurance company may not be ignoring or misleading you, but you may believe that the insurance company isn’t fairly compensating you for the car accident.
In fact, insurance companies often send a low-ball offer for car accidents, which can leave victims feeling frustrated. Some people will accept the offer, but if you believe that their offer is too low and you want to fight it, you can file a lawsuit for your Georgia car accident case.
Hire a Trusted Georgia Attorney for Your Car Accident Case
While you don’t have to file a lawsuit for a car accident in Georgia, it may be in your best interest to file if you were not at-fault and the third-party insurance company is ignoring you or you strongly believe they’ve offered you a settlement that is less than what you deserve.
If you want to move forward with a lawsuit, it’s best to hire a trusted Georgia attorney who can help you navigate the lawsuit process. Having an attorney won’t just ensure that you are taken more seriously, but an attorney will be able to deal with the insurance company on your behalf and will assist you with all of the required steps to help you successfully win your case. Contact us right away for a free case review.
