How Long Does an Atlanta Injury Case Take?

The duration of a personal injury case can vary widely. While some personal injury cases can be resolved in a matter of months, others take several years, especially if they involve complex legal issues or severe injuries. Here are the phases of a typical personal injury case:

Medical treatment

During this phase, the injured party undergoes evaluation to address their injuries and receives appropriate medical care. This phase is essential for both the health and recovery of the injured person. Here are some critical aspects:

• Emergency care: Immediate medical attention at the scene of the accident, or shortly thereafter, at a hospital emergency room or urgent care clinic;
• Initial diagnosis: Medical professionals diagnose the extent and nature of the injuries through examinations, X-rays, MRIs, CT scans, and other diagnostic tools;
• Follow-up: Regular appointments with healthcare providers to monitor progress and adjust treatment plans as needed;
• Medical records: Comprehensive documentation of all medical treatments, diagnoses, prognoses, and any prescribed medications;
• Medical bills: Detailed records of all medical expenses incurred as a result of the injury;
• Treatment plans: Detailed plans from healthcare providers outlining the course of treatment, including future medical needs; and
• Maximum medical improvement (MMI): The point at which the injured party’s condition has stabilized and no further significant improvement is expected, even with continued treatment. The MMI summarizes the treatment received, the current medical status, any permanent impairments, and future medical needs.

Detailed medical documentation is essential for settlement negotiations with insurance companies, or presenting a compelling case in court if the case goes to trial.

Investigation of the incident itself

The investigation phase of a personal injury case is crucial for building a strong foundation for the claim. During this phase, both the plaintiff and defendant gather evidence and information to support their positions. Here’s what typically happens during this stage:

• Initial client interview: Gathering a detailed account of the incident from the client, including how the injury occurred, the extent of the injuries, and any immediate medical treatment received;
• Insurance information: Notifying insurance companies of the claim, and providing the necessary documentation and evidence to, and requested from, insurance adjusters to understand coverage limits and terms;
• Documentation: Obtaining police reports, incident reports, visual evidence of the accident scene, injuries, property damage, and other relevant factors. Gathering all medical records and bills related to the treatment of injuries;
• Witness statements: Attorneys will identify and interview any witnesses who saw the accident or who may have relevant information about the circumstances surrounding it;
• Expert opinions: Experts such as accident reconstruction specialists, medical professionals, or engineers are asked to provide technical insights and opinions;
• Analysis of liability: Analyzing the evidence to determine who was at fault for the accident;
• Assessment of damages: Calculating quantifiable losses such as medical expenses, lost wages, property damage; and estimating non-economic damages like pain and suffering, emotional distress, and loss of consortium.

A thorough investigation helps build a strong case by gathering all necessary evidence to support the plaintiff’s claims and prove damages. Strong evidence can provide significant leverage during settlement negotiations with the defendant or their insurance company.

Negotiation

The negotiation phase of a personal injury case is a critical period where the parties involved attempt to reach a settlement without going to trial. This phase involves back-and-forth discussions between the injured party (or their attorneys) and the defendant (usually represented by their insurance company). Here’s what typically happens:

• Demand Letter. The plaintiff’s attorney prepares a demand letter outlining the details of the case, the extent of the injuries, the medical treatments received, the financial and non-financial impacts on the plaintiff’s life, and the specific monetary amount requested for settlement. The insurance adjuster or defendant reviews the demand letter, and responds with an acceptance, rejection, or a counteroffer;
• Counteroffers: The attorneys exchange offers and counteroffers to find a mutually acceptable settlement amount. The plaintiff, with assistance from their attorney, carefully evaluates each settlement offer and decides whether to accept the offer, reject it, or continue negotiations;
• Agreement: If an acceptable offer is reached, the terms of the settlement are put into writing in a settlement agreement document. Both parties sign the settlement agreement, making it legally binding.; and
• Disbursement: The defendant or their insurance company arranges for the settlement payment to be made to the plaintiff. The plaintiff’s attorney distributes the funds, covering medical bills, legal fees, and other expenses, and then provides the remaining amount to the plaintiff.

The negotiation phase is a pivotal part of a personal injury case, as it offers an opportunity for both parties to resolve the dispute without the need for a trial. However, if negotiations are not successful, the case goes to trial, where it will be presented to the court.

Litigation

This phase involves proceeding through various stages that may ultimately lead to a trial. Here’s an overview:

• Court filings: The plaintiff’s attorney prepares a legal document called a complaint, which outlines the plaintiff’s case, including the facts of the incident, the alleged negligence of the defendant, and the damages sought. This can occur before, during, or after a demand letter and settlement negotiation;
• Discovery: Written questions about the case are exchanged between the parties. Depositions of parties, witnesses, and experts are conducted, and documents and other tangible evidence relevant to the case are produced;
• Trial preparation: The attorneys prepare witnesses for testimony and organize all physical and documentary evidence to be presented at trial; and
• Trial: A jury is selected and the trial begins. After each side has had an opportunity to present their cases, a judge or jury will make a decision. In a jury trial, the jury deliberates and reaches a verdict. If it is a bench trial, the judge will A verdict is issued that determines liability and, if applicable, the amount of damages to be awarded.

The litigation phase is often the most complex and time-consuming part of a personal injury case, involving a series of legal procedures designed to ensure that both parties have a fair opportunity to present their case.

While some personal injury cases can be resolved within a few months, more complex cases can take years to reach a final resolution. Injury victims and their families rely on the Atlanta personal injury lawyers at Harris Lowry Manton LLP, to craft compelling arguments to obtain justice in state and federal courts. Please call or use our contact form to schedule a consultation at our offices in Atlanta or Savannah.