Atlanta Civil Litigation Lawyer Near Me

WHY CHOOSE ROSS MOORE LAW TO MANAGE YOUR ACCIDENT CASE?

• Years of Georgia Law Legal Experience.
• Won Multi-Million Dollar Settlements for Accident Victims Throughout Georgia.
• You Only Pay Us If We Win Your Case.
• Available 24/7 by Phone.
• We Handle Your Entire Case on Your Behalf – Speaking to Insurance Company to Gathering Evidence & Beyond.

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CASES WE MANAGE FOR LITIGATION IN GEORGIA

Car Accident

Truck Accidents

Motorcycle Accident

Boating Accident

Pedestrian Accident

Bus Accident

Rideshare Accident

Bicycle Accident

Wrongful Death

Catastrophic Injury

Construction Accident

Premises Liability

Product Liability

Dog Bites

Elderly Abuse

Medical Malpractice

Personal Injury

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WHAT WILL A CIVIL LITIGATION LAWYER DO?

HOW MUCH WILL IT COST TO HIRE A GOOD GEORGIA LITIGATION LAWYER?

Every case is different, so it’s hard to pinpoint an exact amount without knowing the details of a case. Each case has its own complexities and may be approached in different ways, depending on your legal counsel and their experience.

At Ross Moore Law, we take each case on a contingency fee, which means you will only pay if you win. The contingency fee is usually an agreed upon percentage of the settlement or verdict, so you won’t have to pay any legal fees upfront.

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UNDERSTANDING THE STEPS IN A CIVIL LAWSUIT (FOR PLAINTIFFS)

Civil cases by definition are disputes between two or more parties, involving one party suing another party for damages. These parties can be individual people, or they can be businesses, corporations, or any other organization. The party who is seeking damages is known as the plaintiff and the party being sued is the defendant.

As the plaintiff, you’ll be expected to prove your case with evidence and arguments in court. If successful, then the defendant will have to pay the damages or follow specific orders given by the court. Civil cases are designed to be just that: Civil. They keep the opposing parties from resorting to violence and allow a third party – the judge – to make the decision.

The judge’s decision in these types of cases is binding, so both you as the plaintiff and the defendant will have to directly follow the judge’s orders. Civil cases can be difficult, but our experienced legal team at Ross Moore Law are well versed in handling these types of cases. We strive to work quickly and provide the best option for you to receive the best possible settlement in a timely manner. Our goal is to negotiate a satisfactory settlement before your case even goes to trial. If you want your compensation check sooner rather than later, you can hire Ross Moore Law to manage your personal injury lawsuit.

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HOW MUCH WILL I WIN AS A PLAINTIFF IN A CIVIL LAWSUIT?

Once again, every case is different. The amount you’ll receive in a civil lawsuit depends on the details of your accident, injury, or wrongful death suit and the limits on the defendant’s insurance policy. If the damages you’re seeking go beyond the defendant’s limits, you can try to go after their personal property or their wages, but this can be more difficult.

If the defendant’s insurance company is willing to payout the maximum compensation, your attorney may be able to settle outside of court. While this amount may still not be enough to cover all of your expenses or feel sufficient for your pain and suffering, it may be the maximum amount you can realistically receive.

If your case involves a larger business or corporation, there’s a chance they’re covered by a much larger liability policy than a single defendant. This could result in a much higher settlement due to their high policy limit. As the plaintiff, your attorney will help you decide the best course of action to receive the best possible settlement.

DAMAGES YOU CAN RECOVER IN A PERSONAL INJURY LAWSUIT

The outcome of your case depends on its individual facts and details, plus your desired outcome for the case. There are four types of remedies that are typically the most desired result: Damages, specific performance, rescission, and restitution. Damages refer to both compensatory damages, receiving payment for general and financial losses, and punitive damages, punishing the defendant for their negligent actions.

Other damages recovered can include:

• Lost wages
• Diminished earning capacity
• Medical expenses
• Property damages
• Pain and suffering
• Other intangible losses
• Punitive damages

Punitive damages aren’t always an option. They’re only available in a case where there are aggravating circumstances (O.C.G.A. § 51-12-5.1(a)). Punitive damages are more difficult to receive because you will be required to provide sufficient evidence proving the defendant behaved maliciously or in a fraudulent, wanton, or negligent manner that displayed an indifference to the health and safety of employees, customers, or patrons. For example, if a driver fled the scene of a fatal accident and it was clear an accident took place with injuries, punitive damages can potentially be recovered for the victim’s family.

Specific performance is awarded when compensatory damages are not enough. These cases are unique and occur when the only solution is for the defendant to perform the duties they promised. Rescissions are most commonly awarded in contract disputes. In cases of contract disputes, the judge will attempt to nullify the contract and bring the two parties back to the positions they were in before the contract was put in place.

Restitution typically involves monetary damages. Unlike compensatory damages, monetary damages are determined by the amount gained by the defendant rather than the plaintiff’s losses. With restitution, the defendant will be required to give up their monetary gains.

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8 THINGS TO CONSIDER BEFORE FILING A PERSONAL INJURY LAWSUIT

 

If you’re considering filing an accident lawsuit, don’t get discouraged. While it may seem overwhelming dealing with the insurance company, talk to a seasoned attorney for advice about whether or not litigation is the best option for your case. In the meantime, here are a few factors to consider when making your decision.

Expenses/Benefit

The first step in determining if a lawsuit is the best option for your situation is a cost/benefit analysis. It’s important to weigh the risks of both money and time invested, as well as what you hope to get out of a potential lawsuit. If the reward is greater than the risk, talk to your lawyer about pursuing your case.

Chance of Winning

Closely examine the odds of winning your case. While you may feel confident that a duty of care was breached and deserve compensation, having sufficient evidence is the only way to have a successful case.

Alternative Options

Litigation may not be the only option for your situation. Consider all possibilities for recovering damages, like sending a demand letter or mediation. There may be a better route than taking your case to court.

Collecting Reward

It’s important to consider whether or not the defendant will have the ability to pay the damages owed. If you know your award isn’t collectable, it may not be worth spending the time, effort, and money on litigation to begin with.

Statute of limitations

Before you pursue litigation, make sure your case isn’t affected by the statute of limitations. In this case, time is money. If you take too long to file your lawsuit and the accident occurred outside the statute of limitations, it can affect the success of your case. Research Georgia law prior to filing your lawsuit to ensure you are within the statute of limitations.

Lengthy Time Frame

Litigation can be a lengthy process, so how much time are you willing to invest on your case? Consider the importance of winning your case, and if it is worth taking time away from your normal schedule, work, or time with friends and family.

Involving Witnesses

Before pursuing a lawsuit, take potential witnesses into account. Do you have any witnesses to your incident or accident? If you do, are they someone you trust to put on the stand in a public trial? A trustworthy witness can be a key part in the success of your case.

Privacy

Pursuing litigation generally means details of your case will be made public. Consider whether or not you want the details of your case on public record, and if there are any details that may be damaging if they’re made public. This is when other dispute resolution options may be beneficial so your privacy can be protected.

If you’re considering litigation, contact Ross Moore Law today. We’ll analyze your case during your initial free consultation and recommend the best course of action for your case.

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PROS AND CONS OF GOING TO TRIAL FOR A CIVIL LAWSUIT

Pursuing a trial may give you the opportunity to:

• Win more money (based on the defendant’s insurance policy)
• Make a public point or influence policy changes (like holding a business, corporation, or hospital accountable for their actions)

The potential downsides of pursuing a trial include:

• You’re not guaranteed success at trial.
• Unless your case is sealed by a judge, the details of your case will be on public record.
• Trials require a great amount of time, effort, and dedication from your legal team, which may cost more in the long run than if you chose to settle.
• Trials can be stressful and emotionally difficult.
• In trials, defendants have the option to appeal their losses. Defendants cannot appeal settlements.