What to Expect if Your Personal Injury Case Goes to Trial
Let’s face it, injuries happen. While settlement is likely in most personal injury cases, it is often necessary to file a lawsuit to ensure you get the maximum compensation you deserve. If your case goes to trial, you and your Savannah trial lawyer will have the burden of proving your case to the court. Our experienced Savannah personal injury lawyers at Bowen Painter understand the legal process, as well as the impact it can have on your physical recovery and your finances. And we have proven experience in taking a case to trial.
Under the Georgia Code, § 9-3-33 (2017), a plaintiff (or the victim of an injury) typically has two years (from the date of the incident) to file a claim against the defendant (the person responsible for the accident) for personal injury.
If your Savannah trial lawyer determines that they need to file your claim in court, you can generally expect the following:
- Your attorney will file a Complaint in the local court.
- Your attorney will have the Complaint served on the defendant, who will then have time to hire an attorney and file a response to the Complaint either confirming or denying each allegation against them.
- The parties engage in what is known as the “Discovery” process. The parties will request and exchange information that is relevant to the case during this pre-trial procedure. Typically, this information is what they plan to use at trial. It is during this time that depositions, or sworn testimony, of the parties and any witnesses are conducted. Pursuant to Rule 5.1 of the Georgia Uniform Rules of Superior Court, the parties have six months from the filing of the (defendant’s) answer to complete discovery. This period is often extended by the court or by agreement of the lawyers.
- Once discovery is complete, if settlement cannot be reached, the case is placed on the court docket and a trial date is assigned.
Schedule a Free Consultation with a Savannah Trial Lawyer to Discuss Your Case
The personal injury litigation process can be time consuming. It can be frustrating when a settlement cannot be reached, especially when you are suffering because of your injuries and are counting on legal compensation. Bowen Painter Trial Lawyers understands the frustration that can be involved in personal injury litigation, and we can help you make the best decisions for your case. You can contact us online or call us directly at 912-335-1909 for a free consultation.
Disclaimer: Information provided on this site is not formal legal advice. It is general legal information. Filing a personal injury lawsuit requires a thorough knowledge of the laws and legal system.