No one in their right mind wants to get injured. No one wants be have a corporate or religious entity take advantage of them and cause them harm. Unfortunately, however, it happens every day. So, what do you do if you are the one who has been injured by the conduct of another person or institution? Well, frankly, it depends… read more →

Step Eleven In A Civil Case: Appeals

PRE-TRIAL APPEAL An appeal in a civil case can occur both before the case is tried and after. During the course of litigation a variety of issues can arise that can directly impact the outcome of the case. For example, as previously explained, if the Plaintiff loses on a motion for summary judgment his/her case may be over (depending on… read more →

Step Ten In A Civil Case: Trial

The trial of a case is where, as they say, the rubber meets the road. It’s the point where all the lawyer’s hard work and preparation is put to the test. Each case presents its own set of issues that must be addressed and managed by the lawyer. The trial provides the opportunity for the Plaintiff in a case to… read more →

Step Nine In A Civil Case: Motions

Once discovery has been completed in a civil case, either side has the opportunity to file what’s known as a Motion for Summary Judgment. This is a procedure whereby the judge in the case determines whether there is a genuine issue of material fact that must be decided by a jury in a case. If the facts turn out a… read more →

Step Eight In A Civil Case: Discovery

Under Georgia law, once a defendant files an answer to the complaint a six month discovery period begins. The Answer is a paragraph by paragraph response to the allegations contained within the Plaintiff’s complaint. It also provides an opportunity for the defense to assert any affirmative defenses he/she may have to the complaint.  METHODS OF DISCOVERY IN A PERSONAL INJURY… read more →

Step Seven In A Civil Case: The Complaint

Assuming that negotiations fail or the lawyer has chosen to not even attempt negotiations (which sometimes happens), it’s time to begin litigation. The way an actual lawsuit begins is with the filing of a document called a Complaint. As the name suggests, the complaint sets forth both in factual and legal terms the wrongdoings of the defendant about which the… read more →

Step Six In A Civil Case: Negotiations

Once the Demand Letter has been sent to the insurance adjuster, the negotiations usually begin in earnest. The insurance company will typically make an offer that is often ridiculously low. If the damages are serious enough and the policy limits are low, sometimes they will go ahead and agree to pay the policy limits in order to avoid a situation… read more →

Step Five In a Civil Case: Demand Letter

Once the attorney has completed the process of obtaining all relevant information necessary to establish her case, it’s time to draft and send a demand letter. A demand letter, as its name connotes, is a letter demanding settlement of the claim for a certain amount of money. The letter should set forth a few important things.  ESTABLISHING LIABILITY FOR PERSONAL… read more →

Step Four in Civil Case: Value of Case

Determining the value of a given case is no easy feat. A variety of factors come into play in trying to figure out how much money is sufficient to compensate a person for injuries and pain and suffering. Most folks don’t want to ever experience pain, especially severe pain brought about by broken bones, deep lacerations, disc herniations and the… read more →

Step Three In A Civil Case: Medical Information

MEDICAL RECORDS ARE CRITICAL IN A PERSONAL INJURY CASE As stated in my last blog, damages are the second critical component of a personal injury case. In order to prove damages, the lawyer must obtain all information relating to those damages. Let’s assume you were involved in a car wreck. If your car was damaged but you were uninjured, you… read more →
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