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The Georgia Court System: What to Expect in Personal Injury Trials

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The Georgia Court System: What to Expect in Personal Injury Trials

Georgia Cutting House - Castan & Lecca

If you find yourself involved in a personal injury case in Georgia, understanding the legal landscape and what to expect during the trial can make a significant difference in your experience and potentially the outcome. 

The Georgia court system has specific procedures and rules for handling such cases, and being well-prepared can help alleviate some of the stress associated with the legal process. This blog provides an overview of the legal rules surrounding personal injury trials in Georgia, offers guidance on how to prepare, and outlines what to expect during the trial.

For further information about what you can expect from your particular situation, don’t hesitate to call Castan, Lecca & Boeschen to receive exceptional attention from professional lawyers and superior results.

Understanding Legal Rules in Georgia Personal Injury Trials

Lawyer explaining the legal process for personal injury cases

Georgia’s legal system stipulates specific rules and procedures for personal injury cases, designed to ensure fairness and efficiency. Key legal considerations include:

  • Statute of Limitations: In Georgia, personal injury claims must generally be filed within two years of the date of the accident. Failing to meet this deadline typically results in the loss of the right to sue.
  • Comparative Fault Rules: Georgia follows a modified comparative fault rule, meaning that if you are found to be less than 50% responsible for the accident, you can still recover damages. However, your compensation will be reduced by your percentage of fault.
  • Damage Caps: Unlike some states, Georgia does not impose caps on damages in most personal injury cases, so there are no legal limits on the amount of compensation you can receive for things like pain and suffering or punitive damages.

 

Preparing for a Personal Injury Trial

Attorneys analyzing personal injury case

Preparation is key to successfully navigating a personal injury trial in Georgia. Here are some steps to follow if you want to be informed:

  • Documentation: Gather all relevant documents, including medical records, accident reports, witness statements, and any evidence of damages (such as receipts and bills).
  • Legal Representation: Engage a knowledgeable personal injury attorney who understands Georgia’s legal system and has experience handling similar cases.
  • Witness Preparation: Identify and prepare witnesses who can support your case, including medical experts, accident reconstruction experts, and eyewitnesses.
  • Mock Trials: Consider running through a mock trial with your attorney to familiarize yourself with the trial process and refine your testimony.

What to Expect During the Trial

A personal injury trial in Georgia typically follows these phases:

  • Jury Selection: The process begins with jury selection, where personal injury attorneys for both sides select jurors from a pool. This is a crucial step as the jury will ultimately decide the outcome of your case.
  • Opening Statements: Both sides present their case overviews to the jury. This is your lawyer’s opportunity to set up the narrative of your claim.
  • Presentation of Evidence: Both the plaintiff (injured party) and the defendant (party allegedly at fault) will present their evidence, including witness testimony and physical evidence.
  • Closing Arguments: Both sides summarize their cases and try to persuade the jury in their favor.
  • Jury Deliberation and Verdict: The jury deliberates and then delivers a verdict. They decide if the defendant is liable and, if so, the amount of damages they must pay.

Navigating the Georgia Court System

Navigating the court system can be daunting. Here are a few tips to help you manage:

  • Understand the Process: Familiarize yourself with the specific court procedures and timelines in your jurisdiction.
  • Stay Organized: Keep all documents and correspondences organized and readily accessible.
  • Communicate Effectively: Maintain clear, open communication with your personal injury attorney to ensure you are both aligned throughout the process.

Going through a personal injury trial in Georgia can be a challenging experience. However, with the right preparation and understanding of the legal system, you can navigate your trial with confidence. 

Remember, having a skilled personal injury attorney by your side is invaluable in these situations. They can provide the guidance and representation necessary to effectively present your case and advocate on your behalf. 

If you’re facing a personal injury trial in Georgia and need expert legal assistance, reach out to Castan, Lecca & Boeschen, the personal injury firm that always offers exceptional personal injury attorneys and superior results for all their clients.

Call us today and receive a free consultation! — 678-825-3611

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Dustin Thompson

Attorney

Dustin Thompson was raised in rural Camilla, Georgia. Dustin graduated from Georgia Southern University majoring in political science and history. After graduation, Dustin obtained a law degree from Georgia State University College of Law in Atlanta. Before becoming a lawyer, Dustin worked a variety of jobs from a watermelon farm in Mitchell County to a policy think tank in Washington D.C. Dustin has practiced law almost exclusively in the workers’ compensation arena since 2014. For nearly a decade, he worked for a large defense firm in Georgia representing employers and insurers and gaining the invaluable experience and knowledge of how insurers defend claims. In 2023, Dustin joined the firm to use his expertise and litigation skills to help individuals who have been injured as a result of work accidents and third-party negligence.  Dustin has been repeatedly recognized by Best Lawyers: “Ones to Watch” in the practice of workers’ compensation. Outside of work, Dustin enjoys traveling, hunting, and attending sporting events. He and his family are active in Buckhead Church.

MICHAEL BOESCHEN

Attorney

Michael Boeschen (Mike) was born in Wichita, KS and raised in Chattanooga, TN. Mike graduated from The McCallie School and went on to study history, Spanish, and Latin American Studies at Southern Methodist University in Dallas, TX. After graduation, he went on to pursue a law degree from the University Of Georgia School Of Law. During law school, Mike participated in the Legal Aid Clinic, assisting in the defense of indigent criminal defendants. Mike has been licensed to practice law in Georgia since 2002 and his main practice area consists of representing injured workers as they navigate through the Georgia workers’ compensation system. Mike is also fluent in Spanish. In his spare time Mike enjoys following soccer, cooking, and spending time with his wife and two young daughters. Mike and his family are parishioners of the Holy Spirit Catholic Church in Sandy Springs, GA

CHRISTIAN PECONE

Attorney

ED DENKER

Attorney

Edward Denker was born in Philadelphia, PA but has made Georgia his home since 1999. He graduated from the Pennsylvania State University with a Bachelor’s degree in liberal arts. He then earned his Juris Doctorate from the University of Georgia. Edward spent his first years in practice representing clients in personal injury and wrongful death claims. He then spent more than a decade honing his litigation skills representing employers and insurers in workers’ compensation claims, where he gained immense experience and knowledge of how insurers defend those claims. In 2017, Edward returned to his passion of representing people who have been injured at work or through the negligence of others. When he isn’t working, Edward enjoys spending time with his wife and their two children. He is also an avid sports fan, and enjoys cooking and travel

ILIANA DOBREV

Attorney

Iliana Dobrev was born in Bulgaria. After high school, she immigrated to the United States to study law. She graduated magna cum laude from Georgia State University with a Bachelor’s in political science concentrating on pre-law and minoring in Spanish. In 2015, she graduated from Georgia State University College of Law. While in law school, Iliana completed a Graduate Research Assistantship in Labor and Employment Law and Employment Discrimination and two externships in Immigration Law. As an immigrant herself, Iliana is passionate about advocating for and defending immigrants. She is delighted to help families stay together and pursue the American dream. Iliana is a member of the American Immigration Lawyers Association and worked in both a fellowship and a firm specializing in immigration law. Iliana is fluent in Bulgarian and Spanish
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KEN THAXTON

Attorney

Ken Thaxton was born and raised in Roberta, GA. When Ken was a child, his father started a trucking business, which Ken ultimately spent over ten years working with through his late teens and twenties. Ken graduated from Houston County High School in Warner Robins, GA in 2001 with a 4.0 GPA. He then studied Business and Information Technology at Macon State College, ultimately graduating with a 4.0 GPA in 2004. After graduation, Ken continued to work with his father’s trucking company, and in late 2005, Ken and his father started an aircraft charter company, Southern Jet, Inc., under Part 135 of the Federal Aviation Regulations. Ken served as President of Southern Jet from 2006 until 2010, when he and his father sold the company. Ken is a Commercially Licensed Instrument, Multi-Engine Pilot. While serving as President of Southern Jet, Ken started Law School at the University of Georgia School of Law in 2009. Ken focused primarily on business and civil law, including Workers’ Compensation, while at UGA. He graduated Cum Laude and in the top 25% of his class from UGA Law in 2012. Ken is a licensed to practice law in the State of Georgia, and he is also a licensed neutral (mediator) in the State of Georgia. Ken represents small businesses in transactional matters and business conflicts, and he also represents injured workers and Plaintiffs injured in cases of negligence. During his spare time, Ken enjoys swimming, cycling, sporting clays, and fishing. He also does charity work with a national scholarship fund
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ALEXANDER LECCA

Attorney

Alexander Lecca (Alex) was born in Miami, Florida to immigrant parents from Cuba and Peru. Alex graduated from Coral Gables High School, where he was a recipient of the Elsa Glazer Award (given to students who graduate with a 3.5 GPA and above). He went on to study marketing at the University of Miami School of Business Administration. At the University of Miami he was also a member of the Pi Kappa Alpha fraternity. After graduation, he went on to pursue a law degree from St. Thomas University School of Law. In law school, Alex received several book awards and graduated Cum Laude. During law school Alex clerked for the Honorable Beth Bloom, had an internship with the Miami-Dade County Public Defender’s office, and clerked for a prestigious litigation law firm. Alex is licensed to practice law in both Georgia and Florida and handles workers’ compensation and personal injury cases. He is also a registered mediator with the Georgia Office of Dispute Resolution. Alex is also fluent in Spanish. During his spare time, Alex enjoys outdoor activities with his wife and four children. He also helps coach his children’s baseball, football, basketball, and soccer teams. Alex and his family are parishioners of St. Catherine of Siena Catholic Church

DANIEL CASTAN 

Attorney

Dan Castan is a senior partner at Castan and Lecca, PC in Buckhead and represents injured workers before the State Board of Workers’ Compensation and plaintiffs in State and Superior Courts of Georgia for injuries suffered in accidents. Dan litigated one of the seminal claims securing the rights of undocumented workers to receive Workers’ Compensation benefits in the state of Georgia when injured in the case of Wet Walls, Inc. vs. Ledesma. Dan has successfully fought and settled multi million dollar cases. He was born and raised in Newark, New Jersey to immigrant parents from Cuba. He received a Bachelor of Arts degree from Boston College and received his Juris Doctor from The Washington College of Law at The American University in Washington D.C.  Dan was admitted to the Georgia Bar in November, 1993.  He is an active member of the Hispanic Chamber of Commerce, Georgia Trial Lawyers Association, Atlanta Bar Association and the Workers’ Compensation Section of the State Bar of Georgia. Dan is a founding member and Director of the Latino Victory Fund Georgia and serves on the Board of The Latin American Association. Dan has been dedicated to getting Latinos elected to local, state and Federal offices in Georgia. He has been a Big Brother through Big Brothers and Sisters of Metro Atlanta and a mentor through The Latin American Association’s mentor/mentee program. Dan is married with two children.