The judge in a personal injury claim has a great deal of power over the proceedings and the parties involved. Although personal injury cases in Georgia are tried by jury, the judge remains the main decision maker in the time leading up to the trial and during the proceedings of the trial itself. This includes having the authority to issue orders that compel the parties to do something.
In law, an order is a legally binding command. Most orders are issued before or during the trial. Your case will be assigned to a judge from the moment that you file it, long before you enter the courtroom, and this judge has the right to issue orders to either party.
Some common orders a judge may issue include:
- An order to release certain documents or share certain evidence, like safety evaluations in a construction accident case
- An order to stop doing something until the trial, such as stopping construction on a disputed piece of land
- An order not to destroy or change something, such as personal documents, before trial
- A summary judgment, which is when a judge rules in favor of your claim because the other side has not responded to the lawsuit
An order must be obeyed. If a party disobeys a judge’s order, they may face severe penalties or even have the case decided against them.
Technically, the final judgment in a personal injury case is also an order, even though it is decided by the jury, not the judge. If you win a car accident case, for example, the judge will issue a formal order that the insurance company must pay you the amount you won.
Have you been injured? John Foy & Associates offers a free consultation with some of the most experienced and respected personal injury lawyers in Georgia. Fill out the form to your right or call us at 404-400-4000 to get your FREE consultation today.