Personal Injury Claims Process in Georgia
Suffering an injury in an accident is painful enough, but it can be more painful when you see how much the injury is costing you. You may have to take time off work, pay thousands of dollars in medical bills, and even hire someone to help around the house. You are running out of money; who is supposed to pay? Below, we will take you through the personal injury claims process for Georgia that can help you get the compensation you deserve.
If you are in or around Gwinnett County, call John Morrison at 770-951-8900 for more specific information about what steps you should take for your unique case.
What should my first steps be?
At the scene of the accident, be it a slip and fall, car accident, etc., take pictures to preserve evidence, write down the contact information for anyone involved and any witnesses, and get medical help. If you already left the scene, you may rely on the police report and other evidence to obtain this information.
If paramedics did not arrive at the scene of your accident or you did not go to an emergency room, be sure to see your doctor as soon as possible. The insurance adjuster may point to the amount of time between your accident and the start of your treatment to lower the value of your injuries. Start treatment for your injuries and then you can start on your claim.
What are the steps of filing a personal injury claim?
The steps may vary depending on the type of accident you were in (auto, slip and fall, dog bite, etc.) and the particular details of your case. However, below is an outline of the typical personal injury claims process in Georgia.
1. Inform insurance companies of the accident.
You should notify your own insurance company of an auto accident, even if you will not be filing a claim with it. Also inform the other party’s insurance company if you will be filing a claim against it. The insurance company against which you will file your claim will depend on who is at fault and the type of accident. Below are a few types of insurance policies against which you might file your claim. Many personal injury claims involve auto insurance, homeowner’s insurance, and other liability insurance policies.
2. Investigate your accident and file the claim.
A thorough investigation of the accident is vital to compile evidence you will need to establish negligence, causation, and liability. We will help you file your insurance claim with the appropriate company or companies and present a thorough case that demonstrates your entitlement to damages.
3. Negotiation a settlement.
The insurance company may offer a settlement that covers your basic and most immediate costs and losses. Be warned that this offer may not cover the long-term costs and losses you will experience. Before you settle any claim, make sure you fully understand the extent of your damages and run any offers by your lawyer first.
We will help you decide whether to accept a settlement, or continue negotiations. If we do not receive a settlement offer that we think is fair, we are prepared to take the case to trial by filing a lawsuit.
4. File a lawsuit and go to trial.
Even after we file a lawsuit, we will continue settlement negotiations to hopefully avoid trial. However, in some cases heading to trial is the only way to obtain a fair settlement.
Georgia Has a Two-Year Statute of Limitations for Personal Injury Lawsuits
You must file your lawsuit within two years of the date of your accident or the court may reject it. Missing this important window of eligibility to file your lawsuit could mean that you forfeit your right to compensation for your losses.
An important exception to this law is for cases brought against a municipality within the state of Georgia. For such cases, you must file notice of your claim within If filing against the state, you must provide notice of your claim within 12 months.
What should I do now?
If you suffered injuries in an accident, call John Morrison for legal guidance. Our team is ready to help you navigate the complex process of filing a claim against the responsible party. We do not charge any upfront fees. The consultation is free, and we will only charge you a fee if we win your case. For a no cost, no obligation consultation, contact us today at 770-951-8900.