Please Call For A Free Consultation (770) 716-0200
Please Call For A Free Consultation (770) 716-0200
Trials are not common in personal injury cases, but they do happen, and you should be prepared to go to one if you want to secure a fair settlement for your injury. In this article, we go over what to expect from a personal injury claim trial in Georgia courts, including:
The first step of a personal injury lawsuit involves filing the lawsuit complaint in the appropriate court in the jurisdiction where you live. Next, this lawsuit is served to the individual or company responsible for your injuries.
Within about 30 days, you and your attorney should receive a response to the complaint wherein the defendant will usually raise one or more defenses, such as arguing that you were not really hurt or that you were the one at fault.
Once this happens, both sides will begin the process of discovery, wherein evidence is sought, and questions about the accident are asked. This may involve the process of depositions or sworn statements under oath from you or from experts such as doctors.
Once discovery is finished, motions are filed by your or the other partyโs attorney to keep or throw out certain pieces of evidence.
Only then will we proceed to jury selection and the trial process before a judge. At any time during this process, the other party may present settlement offers, which you may either accept (ending your case) or reject. In Georgia, it can take anywhere from nine months to three or more years from the day you file a lawsuit to the day you get to court.
If the defense has not made a reasonable offer or offered nothing at all, then there is little to give up by taking the case to court. If they have given a fair or generous offer, you can still go to trial, but there can be serious risks involved with this option.
Going to trial is a bit like being a baseball player, going up to bat against a world-class pitcher, with the jury carefully watching from the stands. You have a chance to get up there and knock a home run, and you might, but the pitcher might also throw you a curve ball.
In other words, the other side might bring up your medical history and sow doubts in the juryโs mind about your case. Or, the jury may not like you for purely subjective reasons beyond your control and may not rule in your favor.
You should also consider the stress of heading to trial; some clients find that being interrogated by a skilled defense lawyer is intimidating, so much so that they may wind up feeling guilty or uncomfortable in court, which can hurt their case.
Whether you head to trial or not, itโs best to have a practiced and attentive attorney advising you at each step. And if you choose to work with Richard D. Hobbs & Associates, P.C., you can count on us to have your back and secure the strongest outcome possible for your case.
If you do lose a case, you should sit down with your attorney and determine how and why you lost your case. Was it simply that the jury didnโt like you (which can not be appealed), or did the court or the defense make a mistake? If the latter occurs, you can appeal the judgeโs decision.
For example, if the defendant lied in court and this lie contributed to your losing your case, that is a material issue and may be worth appealing even after the final judgment.
Every attorney has their style, and ours has always been more personalized. We adapt that style to the needs of the client, the case, and even the moment. We are not intimidating until we have to and are not aggressive unless we have to be. But when a client needs us to be aggressive, we are focused and relentless.
We want to work out our issues as amicably and as professionally as possible. When that doesn’t work, then we don’t mind getting down to brass tacks and taking a case to court.
For guidance on getting through Georgia personal injury claim cases and trials, an initial consultation can be scheduled for free. Get the information and legal answers you are seeking by calling (770) 716-0200 today.