Atlanta Personal Injury Lawyer

If you find yourself in need of an Atlanta personal injury lawyer, Cruz & Associates is here for you. Our Atlanta injury attorneys have more than 25 years of experience handling personal injury claims for our clients. We understand the challenges facing the average person after an accident, and we want to help you maximize your recovery by fully exploring all of your options for legal recourse after a negligent accident. Every year, millions of Americans file personal injury claims to recover compensation for the damages caused by the negligence of others – let Cruz & Associates help you file yours.

Understanding Negligence in Personal Injury Law

The law defines negligence as the failure to meet an acceptable duty of care for a given situation. Depending on the individuals or parties involved, there may be varying degrees of duty of care in play. Some examples of duty of care include:

To succeed in a personal injury lawsuit, the plaintiff filing the suit must be able to prove the defendant in the case was negligent, and the plaintiff’s damages resulted from that negligence. Proving negligence in a personal injury lawsuit hinges on four criteria:

Filing a Personal Injury Claim in Atlanta, Georgia

Filling the Complaint

The personal injury lawsuit process begins once a plaintiff files a Complaint to the defendant. A Complaint is essentially a letter stating the plaintiff’s intent to pursue legal action against the defendant. Depending on the situation, the next steps toward a resolution can take many forms. If the defendant knows that he or she is at fault and wishes to avoid a protracted court battle, the defendant may wish to settle the matter outside of court. If the defendant believes the Complaint it exaggerated, unfounded, or illegitimate in any way, the defendant may choose to fight the Complaint in court.

Negotiation and Mediation

If the two sides decide to negotiate a settlement, both sides and their injury attorneys will meet to negotiate a mutually agreeable settlement. If this succeeds, the plaintiff typically accepts the defendant’s settlement offer in exchange for dropping the case. If settlement negotiation proves difficult, the two sides may opt for mediation with a neutral third party acting as mediator. This can help encourage more constructive discussion and reach a settlement more easily. In some cases, arbitration may come into play. Arbitration is a more formal and binding form of mediation and typically only comes into play in legal matters involving businesses.

Litigation and Trial

If a case goes to trial, it can take weeks, months, or even years to reach a conclusion. It’s vital for plaintiffs to weigh the potential case award against the cost of legal fees, filing fees, and court fees for the duration of the trial. Discovery, or the sharing of evidence between the two sides in a legal case, is a lengthy process. Additionally, both sides’ injury attorneys will conduct depositions, or question-and-answer sessions conducted under oath, to build their cases.

Injury Expert Witnesses

Some cases will also require input from experts in various disciplines. Expert witnesses help the jury understand complex subjects in layman’s terms so that they can appreciate the gravity of the situation in question. For example, medical malpractice lawsuits will always require expert witness testimony. If a plaintiff is suing a negligent medical professional, the expert witness can help the jury decide whether or not the defendant’s actions were medically sound.

Know Your Rights in Your Personal Injury Case

Filing a personal injury lawsuit is a major decision, so take time to carefully review your options before settling on a course of action. If you believe your case merits a lawsuit, then contact the attorneys at Cruz & Associates. We offer free case evaluations to new clients, and our attorneys will meet with you at your home, office, or even in the hospital if necessary.

Over the years, we’ve helped our clients in Atlanta recover their medical expenses, property damage, lost income, and compensation for their pain and suffering through personal injury lawsuits. Reach out to our team today so we can let you know how we can help with your case.