What will happen if I file a personal injury lawsuit?

On Behalf of | Mar 5, 2019 | Personal Injury |

When you get hurt due to someone else’s negligence, you may have the right to file a personal injury case in a Georgia court. Personal injury cases are civil cases. This means they do not result in any criminal punishments. Instead, they could result in money being paid to you. If you want to file a personal injury case, you should understand how the process works beforehand.

According to the American Bar Association, a large part of a personal injury case involves gathering information. You begin the case by filing paperwork with the court to state your claim. You will have to name the defendant or the person you are accusing of negligence and who you feel is responsible for your injury.

The court will serve papers to the defendant, and then begins the discovery phase of the case. You will get information from the defense and they will get information from your side. In some personal injury cases, there will be a third party, the insurance company. You will also exchange information with them.

Part of the discovery process may include interviews with witnesses and depositions where you are asked questions under oath. The discovery process takes place outside the courtroom.

In fact, most personal injury cases never actually see the inside of a courtroom. The chances are that the other side will make you an offer to drop the case. This is called a settlement. You have the right to take or refuse any settlement offers extended to you.

If you refuse a settlement, then your case goes to court where a judge will hear the facts and make a decision. This information is for education and is not legal advice.