Clients often ask us whether it is safe to assume there is auto insurance in the event of a personal injury case going to trial. The answer is “YES”. There is a 99.9% probability that your lawyer will find that insurance covers your personal injury law if it goes to trial. After the lawyer has exhausted all settlement options and/or mediation, the lawyer may decide that your case should be brought to trial.
Your lawyer will request that the insurance company provides the limits of the available insurance coverage for a personal injury claim involving an automobile accident in Georgia. O. C.G. requires that insurance companies provide all available insurance policies limits in order to cover negligent actions of their insured. A. SS 33-3-28. In most cases, injured parties need to receive medical treatment.
Your attorney will request copies and information about your medical records. Your attorney will request copies of your medical records and medical bills. After this, your lawyer will send a demand letter to the insurance company requesting payment for medical bills, lost wages, pain and suffering. The amount requested by the lawyer in his initial demand letter is often rejected by insurance companies. Your lawyer might recommend that you file a lawsuit against the insurance company to get the policy limits paid to settle your claim.
The Defendant must receive a copy and summons from the court clerk after your lawsuit has been filed. The Defendant should contact their insurance company and an attorney assigned to the case by them. The Defendant’s lawyer will respond to the complaint within 30 calendar days. Otherwise, the Defendant is in default. Six months of discovery will begin after the Defendant answers a complaint. This will include depositions and written discovery questions. Mediation can be conducted at any time after the suit has been filed.
After the case has been settled in mediation, negotiation for compensation takes place before a mediator who will help the parties determine a fair amount that the insurance company should pay to the injured party in settlement. Sometimes mediation fails to work and both sides must reach an agreement. In these cases, a jury will be required to decide the case. Personal injury cases are usually settled when the insurers agree to provide the relief requested by the Plaintiff. However, it is possible to go to trial if the insurance company refuses to pay the damages request. It is safe to assume the defendant has insurance that will cover the case if the case goes to trial.
Attorney John Adkins can help you get the compensation you deserve if you were injured in an auto accident. Call us today for a free consultation +1 404-524-5626
Adkins Law Firm, LLC 