How to File a Brain Injury Lawsuit in Atlanta

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How to File a Brain Injury Lawsuit in Atlanta

When you file a brain injury lawsuit, you go to court against the party whose negligence caused serious harm to your brain. Georgia law sets strict due dates, so you need to act quickly.

Atlanta is the capital and most populous city of Georgia. It has a lot of hospitals, colleges, and highways that are always busy. Accidents often happen in metro Atlanta, which is why victims usually require legal guidance when such happens.

To file a brain injury lawsuit in Atlanta, you must follow the steps set by Georgia courts and local Atlanta practice norms. That is why we’ve written this guide on how to file a brain injury lawsuit in Atlanta.

Step 1: Seek Immediate Medical Care

Immediately after a brain injury, the first thing you should do is see a doctor or go to an emergency room. Even if the symptoms seem mild at first, brain injuries can get worse over time.

Do not throw away any medical records, test results (such as CT scans and MRIs), doctor notes, or records of your rehabilitation. These will be important proof later.

Step 2: Preserve Evidence

As soon as possible, you should gather documentation and evidence:

• Photos of the accident scene or the object that caused the injury.
• Police or incident reports.
• Statements from witnesses (with contact information and what they saw).
• Video footage, if you have it.
• Records of lost wages, bills, and receipts

Your lawyer may also hire medical and neurological experts to assess your brain injury and accident reconstruction experts to support your case.

Step 3: Consult an Experienced Attorney

Talk to a personal injury lawyer in Atlanta or Georgia who knows a lot about brain injury cases. A lawyer will check out your claim and let you know if it can actually work.

They’ll help you get more proof and see what kind of damages you can ask for. This usually includes medical bills, lost wages, pain and suffering, and long-term care.

Step 4: Draft and File the Complaint

You will prepare a complaint (or petition) with the help of your lawyer that states:

1. Who the parties are
2. What really happened
3. The legal basis (negligence)
4. The kind of damages you seek

You have to send this complaint to the right court in Georgia, which is usually the superior court in the county where the injury happened or where the defendant lives.

Step 5: Serve the Defendant and Begin Discovery

The defendant has to be notified about the case. Then there’s the part where both sides exchange documents, ask people questions, and talk to witnesses. Your doctors and the defendant’s experts may be questioned under oath.

Step 6: Motions, Settlement Talks, or Trial

Either side can file motions (for summary judgment, dismissal, etc.) before the trial. A lot of cases involving brain injuries are settled through mediation or direct bargaining.  If you can’t come to an agreement, you go to court, show your evidence and witnesses, and a judge or jury makes a decision.

Key Takeaways

• Act quickly, because in Georgia, you only have two years to file a claim.
• Get medical records and other evidence as soon as possible.
• Hire a lawyer who has experience with brain injuries and works in Atlanta.
• Be ready for discovery, motions, and settlement before trial.