Does it Matter Who Files Their Lawsuit First in an Atlanta Personal Injury Case?

Everybody’s heard the saying that the early bird gets the worm. That may be true. The same is true when it comes to a personal injury case. If you’re hurt in some sort of accident, it does matter whether you file suit before the defendant does. In fact, if you don’t file first, you won’t be a plaintiff at all. You’ll be the defendant. This may not matter to you now, but it will matte to your personal injury lawyer in Atlanta. Being the plaintiff makes the world of difference when it comes to filing a personal injury lawsuit in Georgia.

The court looks at the plaintiff as the wronged party. If the other party file suit and you file a response or countersuit, you’re only going to look defensive. The court will think that you’re just doing what you must do to fight the allegations levied against you. If your case goes to trial, which is a slim possibility, the jury will look at you as a defendant. It will be hard for them to get over the fact that the other party was the one who filed suit. After all, they wouldn’t have done that if they hadn’t been wronged, right?

You Want to File Suit First if You Can

If you’re injured in an accident, you may have a legal claim for damages. It depends on a few things. First, it depends on whether your personal injury lawyer in Atlanta can prove negligence. Second, it depends on whether you can prove that you suffered damages. If you can accomplish both things, you’ll likely be entitled to damages. Things could get very complicated if the other person involved in the accident files suit against you. In fact, it can turn the case on its head. Suddenly, instead of asking for damages, you’ll be asked to pay damages to the other party. And, while your personal injury lawyer in Atlanta can certainly file a complaint against the other party as well, you will forever be named the defendant as far as the lawsuit is concerned.

Your Personal Injury Lawyer in Atlanta Will Make Sure You File on Time

Not only do you want to file first so that you’re considered the plaintiff, but you also don’t want to miss the filing deadline. In Georgia, you only have two (2) years to file suit in a personal injury matter. This is because the statute of limitations dictates that a civil suit for personal injury must be filed within a two-year period. The two years starts on the date of your accident. If you wait too long to file, you could miss this deadline. If that happens, your case will be dismissed. There’s nothing your personal injury in lawyer can do to change that. And the judge isn’t going to make an exception for you. Rather than risk having this happen, you want to just meet with an attorney and get your case filed.

You Want to Make Sure You Name All Possible Defendants

The other great thing about having your case handled by an attorney is that they will handle the paperwork for you. They’ll file your lawsuit and ensure that all possible defendants are named in the lawsuit.

Call and Schedule Your Free Initial Consultation with a Personal Injury Lawyer in Atlanta

If you’re injured in any sort of accident, you may have a potential legal claim. If there’s someone else who is responsible for your injuries, you have a decision to make. Do you want to pursue that person, or their insurance, for your injuries. If the answer is yes, then you should call a personal injury lawyer in Atlanta as soon as possible. You can schedule your free, initial consultation with someone who has handled cases like yours before. They can answer any questions you may have. They can even give you an idea of what your case may be worth.

Ideally, your attorney will get to file your case before the other party files theirs. You don’t want to be named as a defendant in a case. Even if you aren’t responsible, there will be a certain bias against you. The judge and the jury will likely see you as the responsible party. You’ll have to prove that the defendant was liable. That will be a lot harder to do if you’re named as the defendant rather than the plaintiff. To make sure this doesn’t happen, call and talk to an attorney as soon as possible.

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