The term “personal injury” covers a wide range of situations that can arise in Russell County. Most are based on accidents that occur because of someone else’s wrongdoing or carelessness. But a personal injury case can also happen when someone hurts you on purpose. When any of these incidents take place, you may be able to get money damages for your injuries from the person or entity that caused the damage. A personal injury attorney in Russell County can help you get the process started.
If you want experienced and knowledgeable help with your case, John Foy & Associates can be a great resource. We’ve been assisting personal injury victims for over two decades, and we can put that experience to good use to help you with your case. We take a lot of pride in listening to your needs and wants while including you in as much of the legal process as you would like. Let us give you a free consultation. Call us at 404-400-4000 and get your free consultation today.
What is a Personal Injury Case?
Personal injury cases arise when you suffer any kind of physical or mental damage due to the fault of another person. The other person must have done something that triggers an accident resulting in your injuries or property damage—which means a personal injury case can’t arise in every accident.
Some people make the mistake of assuming that if they are at all to blame for the accident, they don’t have the right to make a legal claim. This simply isn’t true. You can still be partially at fault (as long as you’re not more than 50% at fault) and collect damages for the portion that was caused by the other person.
You can have a personal injury claim as soon as the accident happens. But a personal injury “case” only starts after you begin a lawsuit. In between that time, however, you can still request money damages and negotiate with an insurance company or the at-fault party before your lawsuit is on file.
Below are a few situations that will often trigger a personal injury case:
- Drunk driving accidents
- Slip and fall incidents
- Auto accidents
- Motorcycle crashes
- Dog bites
The purpose of a personal injury claim is to reimburse you for the losses caused by the at-fault party. You can get money damages for those losses. Potential damages include:
- Medical expenses
- Loss of wages or earnings
- Loss of future earnings
- Pain and suffering damages
- Property damage
All of these help to reimburse the losses that you experienced, which can be extremely helpful in reducing the stress of an accident. Money can never really make up for everything you lost after an accident, but it can certainly help your situation. Many people are unable to work while they recover from an accident, for example, and the bills really begin to add up if you don’t have assistance.
How Does a Personal Injury Lawsuit Work?
Once you decide to file a lawsuit, you’ll need to start with a preliminary investigation. You should gather information that includes things like:
- Police reports
- Medical records
- Witness statements
- Photos or videos
This data will help you prove what happened, as well as tell a lot about your likelihood for success on your claim.
Filing Your Lawsuit
Once you have all the background information you need, your Russell County personal injury lawyer will create a complaint or petition on your behalf. This document will describe your claim and set out the ways in which you have been damaged or suffered losses.
Service and Answer
Once you’ve filed your answer, it will need to be served on the defendant in a specific way that complies with the laws in Russell County. When it has been served, the other side will have to answer the complaint within a certain amount of time. The answer should provide a specific response to every fact or allegation that you have included in your petition.
The next step is discovery. This is perhaps the longest part of the entire lawsuit. In most situations, it will last several months, but it can last even longer in complicated cases. In discovery, you will be able to ask questions and request documents and other information from the other party. You can explore their defenses as part of this process.
You spend virtually your whole case getting ready for trial. At trial, you’ll be able to testify and tell your side of the story to a judge or jury in court. This is your opportunity to present all of your evidence to prove your case. The trial may last a day or two—or it could last a week or two. In most cases, the trial will conclude within a week.
You can still continue to negotiate with the other side, whether that is an individual, business, or an insurance company, throughout the duration of your case. The vast majority of cases will settle before they go to trial. There are a lot of unknowns at trial, and agreeing on a settlement removes the potential for a loss at trial for everyone.
Your personal injury attorney will continue to negotiate on your behalf at virtually every stage of preparing for trial—often right up until the morning of the trial. Some cases also settle during the trial, depending on how the trial is going. Some insurance companies, for example, will be able to tell how their case is going after the first day or two, and if it’s going poorly, they may try to settle without asking the jury to give you a decision.
Talk to a Russell County Personal Injury Lawyer for Free
You don’t need to face a negligent driver or their insurance company alone. Get experience on your side by using John Foy & Associates. We understand what you are going through, and we want to help. Let us give you a FREE consultation. To get your free consultation today, call us at 404-400-4000 or fill out the form to your right.