Some people in Savannah GA believe when they hire an attorney to represent them in an accident case, it will automatically involve a lawsuit. It’s important to understand this is something an attorney may try and avoid if possible. Lawsuits are expensive and take up a significant amount of time. Their outcome is never certain, but in some situations, a lawsuit may also be the only way an attorney can get their client a fair settlement.
Negotiations
One of the most important things a personal injury lawyer can offer their clients is knowledge and experience when it comes to negotiating a settlement. They will know the law and the value of a case. An attorney knows what a defendant or an insurance company can legally do in any situation. It is possible an acceptable settlement can be negotiated after an accident victim’s attorney sends a defendant a demand letter with a settlement offer.
Mediation
An accident victim’s attorney and opposing counsel may try mediation to avoid going to trial. The goal of mediation is always to resolve the issues associated with an accident victim getting a fair settlement. In this situation, representatives from both sides meet with a neutral third party. This will be an individual with professional training and focused on finding a resolution to the conflict. The mediator will not offer opinions or make decisions. They will provide an option for both sides to consider. If this is not acceptable to either side, the next step will be continuing with the lawsuit.
Filing a Lawsuit
This will begin the process of going to trial in Savannah GA. Once a lawsuit is filed, a trial date is established. It could be a year or longer before a trial starts. A lawsuit must also be filed before the controlling statute of limitations. This is a period of time after an incident a person must file a lawsuit. In the state of Georgia, it is two years for personal injury cases. Once the statute of limitations passes, it will no longer be possible to use the court system to get a fair settlement.
Discovery Process
After a lawsuit is filed discovery is the next step. This step makes it possible for each party to view what the other is going to use as proof in their case. Each side will send questions to the other. Both sides will request specific documents from one another. Each side can take depositions of witnesses that are relevant to their case. Time will be spent gathering information to prove an accident victim’s case.
Trial Schedule
The amount of time for a trial could be days, weeks and even longer. This will depend on the complexity of the case. It’s important to understand it is not unusual for a trial to be scheduled and then be rescheduled. This could be the result of the judge’s schedule. It is common for a trial to be delayed as well as rescheduled. Find out more about local courts here in Savannah.
Going to Trial with your Personal Injury Lawyer
During the trial, a personal injury attorney will present evidence to a judge or jury. This could involve documents, pictures, videos, diagrams and more. Experts witnesses and others could be called to testify. After both sides have presented their evidence, it will be up to a judge or jury to determine the settlement amount for an accident victim.
When a person is in an accident, it is important they discuss their situation with a personal injury lawyer. It is almost certain the defendant in the case will have professional legal representation. Your Savannah GA personal injury lawyer will know how to protect a victim’s rights. They have the training and experience necessary to obtain the best possible outcome should it be necessary to take a lawsuit to trial.