Understanding the Personal Injury Claims Process in Georgia
Unfortunately, accidents are unpredictable and can drastically alter your life in seconds. Suffering an injury due to another person’s negligence can be physically, emotionally, and financially draining. Fortunately, accident victims have the legal right to file a personal injury claim to pursue compensation for their losses. However, every state has differences in their claims process, making it essential to understand Georgia’s unique processes.
Georgia’s laws surrounding personal injury claims contain several variations that can make the process complex. If you have suffered a personal injury accident in northern Georgia, The Trial Team at Stewart, Melvin & Frost can help answer your legal questions and hold folks accountable for your losses. Our personal injury Trial Team, headed by attorneys Mark Alexander and Andrew Gould, has over 30 years of experience providing personalized and responsive legal services to clients like you across northern Georgia.
“At the core of what we do is the basic Golden Rule,” said Andrew Gould. “That’s what drives us to be prepared, professional, and to always push every file in this office as if we are going to try the case. That’s the only way to maximize the value of your claim and hold negligent folks accountable for what they did.”
When you partner with the Trial Team at Stewart, Melvin & Frost, you can have peace of mind that your lawyer will be caring and responsive as they guide you through Georgia’s personal injury claims process.
Georgia’s Personal Injury Claims Process
Following an accident, it is essential to report the accident to the police and seek medical attention. After your injuries are treated, you can contact an experienced personal injury attorney and begin the claims process. It is important to note that Georgia’s statute of limitations on personal injury claims is two years. In other words, you have two years from the date of the accident to file a claim for compensation. Below are the steps involved in filing a personal injury claim in Georgia:
Keep Track of Your Health and Accident Related Expenses
It is essential to keep a record of how much you are spending on treatment and how your injuries are affecting you to maximize your claim’s value. An experienced member of the Trial Team at Stewart, Melvin & Frost can help you organize your receipts and expenses and keep up with an accident diary.
Draft and Send a Demand Letter
Your lawyer will draft and send a demand letter to your insurance company. The letter will detail how and where the accident occurred, receipts for medical expenses, lost wages, and a demand for compensation. Typically, insurance companies have 30 days to respond to a demand letter.
Negotiate a Settlement
The next step is to negotiate a settlement with the insurance company. Unfortunately, many insurance companies do not have the best interests of accident victims at heart and routinely try to deny or devalue claims. Your attorney will negotiate on your behalf to ensure the settlement is fair before you sign it.
Possibly Proceed to Trial
If a settlement cannot be reached, your attorney will file a legal complaint with the local court. After the complaint is filed, the case will move on to the discovery phase. During this phase, your personal injury lawyer will request information from the defendant, such as crucial evidence and witness testimonies, to help establish negligence in your case. In order to establish negligence, your attorney must prove that the defendant owed you a duty of care and that that duty was breached, resulting in your injuries.
Both sides will present arguments, evidence, and witnesses pertaining to the case to a judge and jury during the trial. From there, it will be up to the judge or jury to decide if the defendant is liable and how much compensation should be awarded to the victim.
Find an Experienced Personal Injury Lawyer With the Trial Team at Stewart, Melvin & Frost
If you have been injured in an accident caused by someone else’s negligent acts, you do not need to navigate Georgia’s legal system alone. The Trial Team at Stewart, Melvin & Frost is dedicated to ensuring their clients in north Georgia can pursue compensation for the losses they have endured. Our hard-working and responsive attorneys have over 30 years of experience protecting their client’s rights and achieving favorable outcomes for their cases. Our firm works on a contingency fee basis, meaning that we do not get paid until your case is resolved. To learn more about how our Trial Team can help you and to schedule a free consultation, call us today at (770) 536-0101 or complete our contact form.