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Stokes Lazarus & Carmichael LLP is an Atlanta-based general civil litigation firm with experience in business law, creditor rights and collection, employment and labor law, business litigation, securities arbitration and financial services litigation, personal injury claim, franchise law and technology law. For over 30 years, SLC has provided Real World Legal Solutions® to a broad spectrum of national and international clients --- from sole proprietors and regional operations to large multinational corporations.
For more information, please contact us. |
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Progression of a Personal Injury Lawsuit
(Important Instructions for Potential Plaintiffs - read carefully!)
A typical personal injury claim may progress as follows:
- Injury occurs (you are the potential "Plaintiff". The party injuring you is the "tort feasor" and referred to in any lawsuit as the "Defendant").
- Defendant contacts their insurance company.
- Defendant's insurance company contacts you.
- Defendant's insurance company's adjuster (person designated to try to settle the case) may offer you a settlement, or deny liability.
- You can do the following:
- accept the offer;
- reject the offer and seek a personal injury lawyer; and/or
- if no offer is presented, seek a personal injury lawyer.
- You may select an injury lawyer, and he/she will do the following:
- provide you with forms to complete;
- provide you with a contract;
- offer instructions about contact.
- Your injury lawyer will notify other party(ies) and send a demand letter on your behalf.
- Depending on the situation, settlement discussions may proceed or a lawsuit may be filed.
- If a lawsuit is filed there will be discovery, which may consist of interrogatiories and/or oral depositions.
- Your attorney may file pre-trial motions such as a motion for summary judgment on liability and may also file a motion for summary judgment on damages.
- If the case is not resolved prior to the trial date, a jury trial may occur.
Caution: If you accept their offer, you should not sign any medical release forms until an injury lawyer has reviewed them. Some injuries aren't detected immediately, and you don't want to give up your future rights. If their offer requires you to sign a release, you may not want to accept it.
Information about your claim may include:
- medical records, to determine the extent of your injuries;
- medical and other bills, to establish your financial loss;
- employment information, to substantiate claims for lost earnings;
- police reports, to establish responsibility for your loss;
- photographs, to illustrate the circumstances and results of the incident;
- depositions (sworn testimony given by you and other witnesses);
- witness statements;
- insurance records.
If you wish to speak to a personal injury lawyer, please call (866) 375-2529.
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