When you file a personal injury lawsuit, your case is assigned to a judge and the judge will oversee the legal process from the beginning, often months before there’s a trial. During this time, both sides of the case may want to make requests of the judge—asking that certain evidence be ruled out, for example, …
Lien
Liens are used to enforce court orders and get companies or individuals to pay their debts. A lien is simply a court order that officially states that Party A owes money to Party B. But the court order is attached to the title of property that Party A owns. From that point on, the property …
Jurisdiction
We often think of the court system as a single unified entity. But there are many different types of cases that courts must hear, from issues as small as a speeding ticket to those as serious as defrauding the federal government. Generally, the court system within each state—and at the federal level—is divided up into …
Evidence
When you file a personal injury claim of any kind, the courts rely on evidence to determine whether you are right or not. Evidence is a broad term that can include almost any kind of information or object that might be relevant to the facts of the case. Testimony from a witness at a car …
Defense in a Personal Injury Case
When you file a personal injury claim of any kind, you are claiming that some other party—the defendant—caused you harm. The defendant has a right to argue that they are not responsible for the harm you suffered, or otherwise defend themselves in court. There are four types of defenses typically used in these cases: Claiming …
Trial
Many personal injury claims are resolved quickly, within weeks or months of filing them, without a need to go to court. But if a claim cannot be resolved this way it will proceed to trial. In Georgia, injury claims go to trial by jury. This is not the case in all 50 states. Understanding Civil …
Discovery
When a personal injury claim becomes a lawsuit there is a chance it will go to trial. Before this happens, both parties—the plaintiff and the defendant—have a chance to gather evidence. The formal process for this evidence gathering is called discovery. Discovery means that you and your lawyers can request certain types of records or …
Jury
When most of us think of trial by jury we picture criminal cases like murder trials. In Georgia, however, juries are also used to decide civil cases. That means that every personal injury lawsuit filed in the state of Georgia has a chance of going before a jury. This is not the case in every …
Expert Testimony/Expert Witness
In Georgia, personal injury cases are tried by jury. This system is designed to help you get the fairest trial possible, and in many ways it succeeds. However, juries are made up of regular people with no special knowledge about injuries, medical conditions or the law. This can make it hard to explain your claim—unless …
Voir Dire
Georgia law allows personal injury claims to be heard in court before a full jury. But juries are made up of normal people who are not experts in the law, accident claims, or medicine. Many jurors will come with biases and some will not make fair decisions in your case. That’s why your lawyer (and …
Sympathy
In Georgia, you have the right to have your personal injury claim heard by a trial by jury. This means that twelve ordinary citizens will decide how serious your injury is and how much money you are entitled to in damages. Because jurors are not medical experts or lawyers, their decision is often based largely …
Prejudice
In Georgia, if your personal injury claim goes to court the case will be decided by a jury. Juries are made up of regular citizens who are selected at random from the population. These citizens may come with all kinds of prejudice, and it can affect the outcome of your case. Prejudice doesn’t usually work …
Passengers in a Car Accident Claim
Most of the time when we talk about car accidents, we picture the two drivers involved and try to determine which driver was at fault. But drivers are not the only ones who can be injured in an accident—many involve passengers, and passengers have the same rights as any other accident victim. In Georgia, if …
Justification
Many accidents and injury claims involve someone breaking the law, for example, injuring someone while trying to rob them or causing a car accident while driving drunk. Because of this, personal injury law sometimes overlaps with crucial concepts from criminal law, including the idea of justification. When you file a claim against a negligent party for …
Drivers in a Car Accident Claim
Every car accident involves one or more drivers. The drivers are the people behind the wheel and in control of the vehicles when the accident happens. Under Georgia law, whichever driver is at fault is liable for the cost of the accident—for all parties involved, including the other driver and any passengers or pedestrians. If …
