If I have been injured in an accident caused by someone else, how long do I have to find a personal injury claim?
Every state has its own personal injury statute. Included in these laws is the statute of limitation. The statute of limitation is the length of time the victim has to file their claim or lawsuit. Under Georgia law, a victim has two years from the date of the accident to file their claim.
There are some exceptions to this law. For example, if the victim is a child, then different rules apply and the statute of limitation is “tolled” or extended until the child reaches the age of consent. There may also be an exception if there was a significant delay between the accident and when the injury was discovered.
Your Watkinsville, GA personal injury lawyer can evaluate your case and determine what the statute of limitations is in your case.
How long will it take for my claim to process?
Unfortunately, there is no way to determine how long a personal injury claim will take to resolve because every case has its own unique set of circumstances. In the majority of cases, the victim’s lawyer and the insurance company will negotiate an agreed-upon settlement. Sometimes, this happens fairly quickly, other times negotiations drag out because the insurance company is trying to get out of paying the victim what they deserve.
If the two parties can’t agree on a settlement, then the victim will have to file a lawsuit and the case will need to be litigated in court, with a jury deciding if and how much the victim deserves in compensation.
Under what circumstances will be case end up in court?
As mentioned above, there are situations where the insurance company fails to negotiate in good faith. They may try to lowball settlement amount offers or even try to deny the claim completely by blaming the accident on the victim. Some insurance companies will even try to accuse the victim of faking their injuries, going so far as to hire private investigators to conduct surveillance on the victim in an effort to try to “catch” them doing something that would prove they are lying.
How will the case be resolved if my case does end up in court?
When a personal injury claim turns into a lawsuit, there will be a trial that is presided over by a judge. The plaintiff – the victim – will present their case (via their lawyer) and then the defendant – the at-fault party – will present their case (via their insurance company’s lawyer). After both sides have presented their case, the jury will determine if the defendant was at fault, if the victim sustained losses, and how much those losses add up to. This jury award is how much the defendant is required to pay the plaintiff.
How can your firm help?
If you have been injured in an accident, the lawyers at Norris Injury Law, LLC can help you pursue legal action against the at-fault party. Contact our office to schedule a free case evaluation.
