How Long Will My Personal Injury Claim Take?

The Stages of a Personal Injury Claim

  • 1. STARTING THE CASE

    It is important to consult an attorney first and to not speak with the at-fault party and/or any insurance company.

    Beginning the initial paperwork and process with your lawyer.

    Letting the other party know you intend to file a claim.

    Timing is everything, in the State of Georgia you have two-years to bring your claim for personal injuries, the time limit may vary depending on the circumstances.

  • 2. DISCOVERY PROCESS

    Time? On average about 6-months to 1-year.

    Begin filing claims and establishing liability.

    Auto Accident - We as a courtesy offer help with Property Damage Claims.

    Begin investigating and gathering facts, as well as supporting documents
    (police reports, medical records, etc.)

    Waiting for client(s) to reach Maximum Medical Improvement (MMI) or
    a firm prognosis from a medical expert.

  • 3. SETTLEMENT NEGOTIATIONS

    Client(s) has reached Maximum Medical Improvement (MMI) or
    a firm prognosis from a medical expert.

    A formal demand will be submitted after sufficient information and documentation has been gathered.

    Attempts to reach a settlement by negotiation.

    If a settlement cannot be reached, then a lawsuit may be filed.

    MOST cases will be settled during this process.

  • 4. LITIGATION - DISCOVERY PROCESS

    Time? Average of 6-months to 1-year.

    A settlement is not reached and you wish to follow through with a lawsuit.

    The discovery process will include exchanging documents and interrogatories, taking depositions, expert witness depositions and witness statements.

    Motions and other arguments may occur.

    Settlement by negotiation or mediation is a possibility during this time.

  • 5. TRIAL & VERDICT

    Time? May take as long as 1 to 2-years from filing suit.

    Trial, depending on many factors, may take a few days to a week.

    If the Plaintiff wins, the Defendant will owe Plaintiff the amount determined by the jury.

    The Defense may appeal the verdict, which could force settlement for a lower amount.

    IF the appeal is successful by the defense, there may be a new trial or a settlement.

  • 6. COLLECTION OF JUDGMENT

    If the Plaintiff is successful, collection of the Judgment begins or efforts.

    Most cases will settle long before reaching this point.

    Timing of the case will depend on many factors such as: complexity, amount of damages, injuries, and etc.