If you have been injured in an accident, chances are you have filed an insurance claim to help pay for your medical bills and the time that you have missed from work. However, insurance companies are notorious for being tight-fisted with their money. If you are not satisfied with the amount of money an insurance company has offered you, you will want to hire a personal injury attorney to negotiate with the insurance company on your behalf.
A lawyer will be well versed in dealing with insurance adjusters and they will know exactly what arguments to use to get you the money you need to pay your bills. However, there are always some cases in which you may have to sue an insurance company or an individual for personal injury. There are a few basic steps to be aware of in any lawsuit.
Sending a Demand Letter to The Insurance Company
If your attorney is unable to negotiate a fair settlement with an insurance company, they will send a demand letter to the insurance company asking for the money to which you are entitled. The letter will detail the dollar amount of your medical bills and the wages that you have lost. It may also ask for funds because of pain and suffering. The insurance company will generally have 30 days to respond to such a letter.
Your attorney and the insurance company will normally work out a deal at this point. If they are unable to come to an agreement, you will file a lawsuit at this point.
Filing a Suit
The State of Georgia has a two-year statute of limitations on personal injury lawsuits. If you do not file your suit within two years of the date of your accident, the court may reject it. If your suit is against a government entity, it must be filed within twelve months. You will file a complaint in the community where the accident took place. Once you have filed your complaint, your attorney will have the insurance company served with papers.
Once an attorney serves an insurance company with papers, the two parties are likely to try and work out a deal again. If they still cannot reach an agreement, the insurance company will file an answer and your case will go to trial.
Discovery
When a case goes into the “discovery” phase, each side will gather evidence to support their case. It is very important to collect every medical bill you have that is related to the accident. Your attorney will need such things as receipts from both prescription and non-prescription medications that you have taken. They will need documentation of any time you have missed from work.
It is always a good idea to keep a post-accident diary to give to your attorney. This diary should detail any physical and emotional problems that you have experienced after your accident.
Both parties will be able to request one another’s records in the discovery phase. They will review the accident report. They will also take depositions from any witnesses at this time. A deposition involves taking statements from the witnesses with a court reporter present.
Before proceeding to court, they will try to work out a deal yet again. If they cannot come to an agreement, they will proceed to trial.
Going to Trial
If you do end up going to trial, your case will be heard by either a judge or jury. Each attorney will present their arguments and the judge or jury will decide who is right. If you disagree with their decision, you may be able to go to the appellate court.
Personal injury lawyer Issa can help you to negotiate a deal with an insurance company. They can represent you in court if it becomes necessary. With the right attorney and the proper preparations, your personal injury case is likely to be a successful one.
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