When someone is injured in an accident, whether it is in a car accident, a slip and fall, on dangerous property, or some other way, the victim is typically entitled to have those injuries paid for by the person who caused them. Getting from accident to payment can often be a difficult and complicated process, however, which is why anyone injured in an accident in Atlanta needs the right Atlanta personal injury lawyer to assist in that process.
One important aspect of the process of recovering for the injuries a person suffers in an accident is getting a case past a judge to a jury for trial. There are two basic phases of a lawsuit – the pre-trial phase and the trial phase. Of course, once a judgment is awarded, there is the third phase of collection, but that is a topic for another day.
Pre-Trial Phase of a Lawsuit
In many ways, the pre-trial phase of a lawsuit is the most important because it can determine whether any recovery will be made at all. This is true because, as a lawsuit progresses from the point of injury and forward, both sides of the suit begin filing motions with a judge to make orders on the case.
Many of the motions a judge will see in a personal injury case case revolve around evidentiary disputes. For example, a motion will come before a judge asking that a particular testimony not be admitted, or some other point of evidence be excluded at trial. These are not as important as motions for summary judgment.
A motion for summary judgment is when one party to a case asks a judge to decide it before it can go before a jury. Defendants like these motions because they make it possible for a case to be resolved with little or no money being paid. The victims of a personal injury would much rather have a jury of their peers decide whether a person, company, or organization should be held accountable for the injuries they sustained. An Atlanta personal injury attorney will be well-versed in these procedures and will help you navigate an often complicated legal system.
Facts are Key
As is the case with any phase of a lawsuit, the facts that a victim can bring to bear are key. This means that every fact involved with a person being injured can lead to a positive result in summary judgment motions. This is the lesson learned by a woman who recently lost her slip and fall case because she could not point to enough facts to show that she should be compensated for her injuries.
In that case, Leavins v. Nayan Corp., a woman slipped and fell in a bathtub while staying at a hotel in Georgia. She claimed that the tub was slippery when she got into it, and there were no stickers or other objects in the tub to prevent such an accident. As a result, she was injured from falling. She was unable to point to any specific facts, however, and the judge could not allow the case to go forward and be tried by a jury. So, the case was dismissed on summary judgment. The lesson here is that remembering and preserving all the of facts after an accident is key.
Your Personal Injury Attorney Serving Atlanta
If you are the victim of a personal injury accident, contact the right personal injury attorney in Atlanta area. At The Angell Law Firm we have the experience your case deserves. Contact us today for more information about what your options are.
(image courtesy of Abigail Lynn)