Atlanta Personal Injury Lawyer Blog

In Georgia, the injured person has the ability to file or commence a lawsuit in Superior, State or Magistrate Court. This blog post will deal specifically with the nature and nuances of the Magistrate Court or what has been popularly referred to as small claims court and personal injury lawsuits. Magistrate Court is a court of limited jurisdiction in Georgia, meaning that the small claims court can only entertain or hear certain court cases. In Georgia, the amount in controversy in the Magistrate Court is capped at $15,000 or lower. There have been movements in the past to increase this jurisdictional cap as a way to aid backlogged court cases, but–to date–nothing has been passed. For a brief overview of Magistrate Court in Georgia, please visit this link.

Filing Your Petition (Complaint)

Most of the clerks in the larger counties in Georgia have preprinted petitions that the petitioner can fill out and file with the Clerk of Magistrate Court along with their filing fee. Typically, the petitioner would allege that defendant breached a duty by violating a rule of the road of Georgia (statute) and consequently caused damages in the amount of $X bills and pain and suffering. Sometimes, if the property damage of your vehicle has not been resolved previously, you would add in the property damage claim at this juncture. However, be careful, because the jurisdictional limit of the court is only $15,000. If you think your injuries or your injuries and property damage are worth more than the $15,000 limits, then small claims court is not for you and you should speak to an experienced personal injury attorney for advice and consultation.
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If you are reading this post, then you have probably fallen victim (like so many others before you – and certainly after you) to an offer of settlement from an auto insurance adjuster that does not fully and completely compensate you for your injuries and the human losses (aka pain and suffering) associated with those injuries. Rest assured, you are not alone. Many others have traveled this exact same path and emerged victorious. However, the path is not always easy and–like most things that are worth the wait–this path does take time.

You see, auto insurance companies like to play the odds. The insurers know that a good percentage of folks will take whatever sum of money the insurance companies offer them to settle their personal injury claim. The trick for the insurer is to increase this percentage every year. The “treat” is that this sum is typically below what I like to call fair settlement value (“FSV”) of the bodily injury claim. FSV is the value (typically a range) that an injured person would likely receive from the insurer after calling the insurer’s bluff, filing a suit and settling that suit after a period of discovery (to be explained later in this post)–either by voluntary mediation (mutual get together of insurance representative, your attorney, mediator and you) or other informal communication. Insurance companies save money by dangling low ball settlement offers to the hungry.

Ok. So you didn’t bite at the proverbial apple on the short tree and you are about to file suit. Now what?

Step One – Finding the Defendant and Getting Defendant Served With Summons and Complaint
In Georgia, the individual defendant must be sued in his/her county of residence. If a corporation, then such corporation is generally served in the county where its registered agent (agent appointed by corporation to accept service of complaint and summons) is located. Depending on the specific Georgia County, either the sheriff or the marshal (and sometimes a specially appointed process server) will serve a copy of the summons (notice of suit) and the complaint (the actual law suit) personally upon the defendant. The fee for this service is generally included in the filing fee that you pay to the clerk of court in the county where you file the suit.

Step Two – Answer of the Defendant
Under Georgia law, generally the defendant has 30 days from the date of service of the summons and complaint to file an answer to your complaint. This answer must be filed in the court where you filed the complaint, and a copy should be forwarded to you by the defendant. In most cases, the defendant typically denies that he/she is indebted, obligated or responsible to you for any harm in the answer.

Step Three – Discovery Period of Six Months
Under court rule and Georgia law, the plaintiff and the defendant have six months from the date the answer of the defendant was filed to conduct discovery. What is discovery you ask? Discovery is the formal process where the parties can discover information about each other that is relevant to the case. For example, a defendant in a personal injury lawsuit would like to find out the plaintiff’s work history, injury history, injury treatment history, version of the incident that caused harm and personal background.

Most plaintiffs fear discovery. But in reality, it is very simple and if conducted appropriately, fairly painless. It usually consists of one party sending multiple written questions (interrogatories) to your attorney that encompasses one of the categories listed above. After the interrogatories are completed, one party will typically schedule the deposition (oral questions) directed to the other party which is recorded by a court reporter at a mutually convenient time in your lawyer’s office. Depositions can last less than an hour to several hours. Further, the parties usually file requests for documents to employer and treating physicians among others.
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