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Am I Required To Go To Court If I File A Civil Lawsuit for My Personal Injuries?

Am I Required To Go To Court If I File A Civil Lawsuit for My Personal Injuries?


Being injured in an accident is a traumatic experience regardless of whether it was an automobile collision, a trucking collision, a slip and fall, or a motorcycle accident. If the insurance company is being unreasonable with the value of your case, a lawsuit may have to be filed.  In the event that a lawsuit is filed, you will be required to appear in court if the case goes to trial.  Not all cases go to trial.  Even after a lawsuit is filed a skilled and experienced attorney will continue to negotiate a settlement.  If a settlement is reached prior to the trial date then your appearance in court will not be necessary. 

When we file a personal injury lawsuit, it is just the first step in the process of obtaining the compensation you deserve. We can settle a personal injury lawsuit at any time prior to a trial; therefore, you may never be required to go to court.  When a lawsuit is filed more strategies become available to your attorney to persuade the insurance company to negotiate in a fair manner. 

For example, we can use discovery tools such as depositions and requests to produce to obtain more information and evidence to prove the fault and negligence of the wrongdoer.  In many cases, once we obtain additional information and evidence, the other side is more agreeable to discussing a fair and just settlement instead of leaving the decision up to an unpredictable jury.

If the other side will not settle, you will need to go to court.  Long before you appear at a trial, a skilled and experienced attorney will prepare you for the task ahead. The attorneys at Council & Associates, LLC., will also help you feel more comfortable with the process by explaining what to expect while you are in court. Remember, we are there with you and we will aggressively fight for your rights inside and outside of the courtroom.

What Types of Damages Can I Receive in a Lawsuit for My Personal Injuries?

The compensation you receive in a personal injury lawsuit will depend on your damages. In many cases, the more severe your injury the more compensation you are entitled to receive.  An experienced personal injury attorney understands how to present your claim to maximize the value and the amount of compensation that you will receive.  In most personal injury lawsuits, the victim is entitled to receive:

  • Reimbursement for past medical bills
  • Compensation for anticipated future medical expenses
  • Reimbursement for lost wages
  • Compensation for loss of earning capacity or future lost wages
  • Compensation for disfigurement, scarring, or permanent disability
  • Compensation for physical pain and emotional suffering
  • Reimbursement for funeral, burial, and/or cremation expenses in the event of a death
  • Compensation for loss of enjoyment of life

You may also be entitled to receive other damages depending on the facts and circumstances of your case.  After a thorough investigation your attorney will arrive at a value for your personal injury claim and present that to the insurance company in the form of a settlement demand.  If the other side will not negotiate in a fair manner, your attorney should then discuss the option of filing a lawsuit against all negligent drivers.

Do You Need to File a Lawsuit for Personal Injuries Sustained in an Accident in Georgia?

Council & Associates, LLC can help you file a personal injury lawsuit if that is necessary to protect your right to receive fair compensation for your losses. Call (404) 526-8857 or contact us now to schedule your free consultation to discuss your case with an experienced Atlanta personal injury attorney.

February 1, 2016 Council and Associates LLC General