Understanding the Process of a Slip and Fall Accident

Summer is here and with outdoor activities on the rise, the potential for slip and fall accidents is high. If you are searching for a slip and fall lawyer in Atlanta, it’s important to know that there is a strict timeline for filing a slip and fall lawsuit. The process for filing a lawsuit when you have a slip and fall accident in Atlanta gets tricky, and knowing what to file at the right time will ensure you case is brought into court.

Filing a Complaint

The complaint will provide information to the court as to who the parties are, an outline of how the fall happened, the alleged responsible party for the fall, and what you want from the responsible party because of your accident. Once the complaint is filed, it must be served on the defendant along with a summons to appear in court to answer the complaint. In general, the defendant will have 20 days to respond to the complaint. The Answer is then filed by the defendant, and this becomes part of the legal file.

The Discovery Phase

With a complaint and answer filed, the discovery phase sets in. This phase can take a few months, and it can last for years, depending on the case. As one of the top Atlanta personal injury lawyers, we will work hard through the discovery phase to gather all the information we can regarding your case. Discovery can include medical records, analysis of the accident, answering interrogatories back and forth, interviews and more. The discovery phase is the time to gather and process through information regarding the accident.

Possible Pre-Trial Motions

There are several motions that the parties can file during the discovery phase of the trial. Here are a few of the most common:

  • Motion to Dismiss – This is a motion filed by the defendant in an effort to dismiss the lawsuit because it is not valid. If granted, the case is over.
  • Motion to Compel – This motion can be filed by either party. They ask the court to get to the other party to agree to do something that they normally would not agree to do. Examples of this would be requesting the court to compel the other party to give a deposition or produce files.
  • Motion for Summary Judgment – This judgment is very powerful if granted. It allows one party to request a final judgment before trial on the basis that the other party does not have any facts to support their claim or defense. If granted, the trial is over.
  • Motion in Limine -This motion is a request to keep certain evidence out of the trial because it is deemed too prejudicial.

Don’t brave these steps on your own! Let an experienced personal injury lawyer in Atlanta guide you through the steps of filing a slip-and-fall lawsuit. Contact us at McAleer Law to begin the process today.