Georgia Serious Injury Cases: Frequently Asked Question Number 10
This blog will continue in our series of providing our readers with answers to frequently asked questions in the context of a serious injury case. This blog will address FAQ number 10:
10. Is my case likely to settle or will it go to trial and, if so, how long will the process take?
Answer: Over 90% of all serious injury claims are settled by means of compromise. While every case is different and dependent upon the facts involved, most cases do settle but sometimes it takes considerable time to achieve a settlement. This is because there are always unique issues concerning whether the at fault defendant’s liability is indisputably established and whether they have sufficient insurance coverage to pay all damages caused by their negligence. If there is sufficient coverage, and damages are clearly demonstrated, settlements can occur on a quicker basis than those cases where liability is disputed and/or the damages are difficult to assess.
Many times, injured individuals have prior medical histories which complicate settlement discussions. If someone with a bad back is injured in a hypothetical automobile collision, in such a case it is always difficult to separate the wheat from the chaff. Was the back already injured such that the new injury merely constituted an aggravation and, if so, to what extent was the problem aggravated by the trauma? These are difficult questions to resolve and many time reasonable men can differ over the value of such claims. The good news, again, is that in 90% of all cases, a compromise is worked out and a settlement achieved.
The time it takes to resolve a serious injury case, again, is dependent upon the facts involved. The clearer the evidence the quicker the settlement. The more ambiguities are involved in the case with respect to the issue of liability for the damages and the damages, the longer the process takes.
In metropolitan Atlanta, if a case cannot be resolved by way of settlement, and a jury trial is necessitated, the process can take any where from 12 to 24 months. The reason for the delay is because the courts are backlogged with many cases and under the Rules of Civil Procedure, the parties are allowed 6 months in which to engage in discovery after a lawsuit is filed. If the 6 months is used and there are no extensions and the case is then placed on the next available trial calender, the parties typically have to wait another 6 to 8 to 10 months before a trial. If the six month discovery period is extended because of the need for extra time to investigate the facts, this also results in a greater delay having the case ready for presentation to a jury.
