How To File An Auto Accident Claim In Atlanta

June 7, 2021 | General Tips

 The State of Georgia allows accident injury victims to file a lawsuit against the at-fault driver.

If you brought a lawsuit against another driver as a result of an accident injury you sustained caused by their actions and it did not result in a fair settlement, we can help. The legal experts at Fast Help can help you bring a different type of lawsuit that’s applied to the at-fault driver instead of their insurance provider. Call our Atlanta accident hotline after a car crash to get the compensation you deserve and are entitled to. Call (404) 592-0318 for a free consultation

Most accident injury victims who file a claim are only interested in receiving a fair settlement that allows them to go back to their normal lifestyle. If the at-fault driver (or their attorney or insurance provider) refuses to provide a fair offer, you are entitled to create a civil lawsuit or file a personal injury claim.

The difference between a car insurance claim and a car accident lawsuit

Here are a few notable differences between these two processes.

Whenever you are involved in an auto accident, you are required to provide notice to your insurer before you can be reimbursed for the associated damages. This concept describes an insurance claim. During this exercise, it is your responsibility to work with the insurance adjusted assigned to your claim and negotiate how much compensation you’ll receive to return your vehicle back to its prior condition.

When filing a civil lawsuit against another driver, you are essentially declaring a legal matter exists and requires the attention of a judge. Car accident lawsuits are litigated in civil court by the plaintiff who argues or attempts to justify why they need a particular amount of money to compensate their damages. There are a few required steps an accident victim must take for their case to be seen by a judge. 

First: File an accident claim

In the State of Georgia, a civil lawsuit is initiated when the accident victim (the “plaintiff”) files a complaint or petition with the court. This form outlines the events that took place at the time of the accident including the extent of the damages and the justification for bringing the case to court. Once the complaint is officially filed with the court, the lawsuit can begin to be processed. 

Second: Deliver the claim to the defendant

Delivering or “serving” the other driver (potential defendant) means that you are giving them an official notice that they are being sued and why. Every individual who is served a civil lawsuit is legally entitled to know what they are being accused of and they connected evidence against them. Although a civil lawsuit is not criminal in nature, the defendant still has the legal right to provide a proper defense. 

Third: The defendant provides an official response

The response that’s filed with the court outlines the defendant’s point of view on the accident. They can admit or deny any aspect of the lawsuit’s claims and provide their explanation as to why they were potentially justified in their behavior at the time of the collision. 

Fourth: Discovery                                                                                       

Both the plaintiff and the defendant are legally obligated to provide information and evidence that’s relevant to their case. Exchanging this information with each party refers to the “discovery process”. With this, each party has an equal opportunity to plan their case accordingly since each side gets to personally evaluate the opposing evidence against them. This phase often includes demands for further documentation, the collection of witness statements, and depositions. 

Fifth: Going to trial

Once both parties have submitted all of the associated evidence to each other, they can present their case in court. This phase is referred to as a trial and tends to flow like this:

  • Each party provides an opening statement that summarizes the intent of each side’s argument and how they plan on approaching the case.
  • The plaintiff or accident victim will discuss their evidence, which may comprise of photographs, witness statements, and oral testimony. 
  • The defendant or the accused is allowed to cross-examine the plaintiff’s witnesses, as well as present a defense case. 
  • Once the defendant has completed their cross-examination, the plaintiff is then allowed to do the same against the defendant’s list of witnesses. 
  • Both parties will present a closing argument that summarizes the evidence presented and demonstrates how the evidence proves their case. 
  • Either a judge or jury will consider all evidence presented and provide a verdict. The verdict is entered and if the outcome favors the plaintiff, the defendant is legally responsible to provide compensation. 

Keep a few things in mind

Since most people involved in a car accident aren’t aware of the legal requirements around filing a claim or a civil lawsuit, it is highly recommended to work with an experienced attorney during this process. The Atlanta car accident attorneys at Fast Help can manage the entire process for you. Call  (404) 592-0318 to speak with an attorney for free about your case and the potential to obtain compensation for your damages. We never require payment unless we win your case and provide great cash advance programs to ensure you’re able to maintain your normal lifestyle during the process. 

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