Car Accident Lawsuits: What to Expect in Court

Getting into a car accident is a scary experience. Even worse is getting hurt because of someone else’s carelessness. You might have medical bills piling up, be unable to work, and be dealing with pain and suffering. If you can’t reach a fair settlement with the insurance company, you might need to file a lawsuit. Going to court can seem intimidating, but understanding the process can make it less stressful. This article will walk you through what to expect if you have to file a car accident lawsuit in Georgia or South Carolina.

Why Would You Need to File a Lawsuit?

Most car accident claims are settled outside of court. However, sometimes the insurance company refuses to offer a fair amount, or they might even deny your claim altogether. This is more likely to happen if the accident is complex. This is when a lawsuit becomes necessary.

Both Georgia and South Carolina are “fault” states. This means the driver responsible for the accident is also responsible for the damages. You can seek compensation from the at-fault driver’s insurance company, or sometimes from your own insurance, if you have uninsured/underinsured motorist coverage.

Before the Courtroom: Steps Leading Up to Trial

Several important steps happen before you ever set foot in a courtroom:

• Filing a Claim: You’ll first file a claim with the insurance company (either the other driver’s or your own). This involves negotiations, often with the help of your lawyer.
• Investigation and Evidence Gathering: Your lawyer will investigate the accident, gathering evidence like police reports, medical records, witness statements, and photos of the scene. This is crucial for building a strong case. In South Carolina the police officer at the scene must collect information to submit an official accident report.
• Demand Letter: Your lawyer will send a demand letter to the insurance company. This letter explains the accident, your injuries, and the amount of compensation you’re seeking.
• Negotiations and Mediation: The insurance company will likely respond with a counteroffer. Negotiations will continue, and sometimes a neutral third party (a mediator) will help you reach an agreement.
• Statute of Limitations: It is important to remember that there is a time limit on when you can file a lawsuit. In Georgia, you generally have two years from the date of the accident to file a personal injury lawsuit. In South Carolina, the time limit is three years.

Filing the Lawsuit

If negotiations fail, your lawyer will file a formal complaint with the court. This document outlines:

• The details of the accident.
• Why the other driver was at fault (negligent).
• Your injuries and damages (medical bills, lost wages, pain and suffering).
• The amount of compensation you’re requesting.

The other driver (the defendant) will be served with a copy of the complaint. They have a limited time to respond.

The Discovery Phase

After the lawsuit is filed, the “discovery” phase begins. This is where both sides exchange information and gather evidence. Discovery can involve:

• Interrogatories: Written questions that each side must answer under oath.
• Depositions: Out-of-court testimony given under oath. You, the other driver, and any witnesses might be deposed.
• Requests for Documents: Each side can request documents, like medical records or repair bills.

The Trial Process

If the case doesn’t settle during discovery or mediation, it will proceed to trial. Here’s a general overview of what happens:

• Jury Selection (if applicable): In many cases, a jury will decide the outcome. The lawyers will question potential jurors to select a fair and impartial jury.
• Opening Statements: Each lawyer presents an overview of their case to the jury.
• Presentation of Evidence: The plaintiff (you) presents their case first. This includes calling witnesses, presenting medical records, and showing photos or videos. The defendant then presents their case.
• Closing Arguments: Each lawyer summarizes their case and argues why the jury should rule in their favor.
• Jury Deliberation and Verdict: The jury discusses the case and reaches a verdict.
• Possible Appeal: After the verdict, either side may have the right to appeal the decision to a higher court.

What Kind of Damages Can You Recover?

In both Georgia and South Carolina, you can seek compensation for several types of damages:

• Economic Damages: These are your actual financial losses, such as medical expenses, lost wages, and property damage.
• Non-Economic Damages: These are harder to put a dollar amount on and include loss of enjoyment of life, emotional distress, pain and suffering.
• Punitive Damages: May be awarded in some cases.

Contact Us Today

Car accident lawsuits can be complex. An experienced attorney can guide you through the process and fight for your rights. If you’ve been injured in an accident in Georgia or South Carolina, don’t hesitate to seek legal help.

Visit one of our offices at:

• 7176 Hodgson Memorial Drive, Savannah, GA 31405
• 320 East Clayton Street, Athens, GA 30601
• 197 14th St. NW, Suite 200, Atlanta, GA 30318
• 110 Traders Cross #226, Okatie, SC 29909

Or call now for a free consultation on (800) 529-1441. We’re here to help you get the compensation you deserve.