The Steps in the Litigation Process
Atlanta Medical Malpractice Lawsuit
When you are injured due to medical carelessness or incompetence, do not sit by the mailbox waiting for your insurance check to arrive. Contact Henry Spiegel Milling LLP to discuss the steps for filing an Atlanta malpractice suit.
Documents for Filing an Atlanta Malpractice Lawsuit
We begin with filing a Writ of Summons and Statement of Claim. The writ is a formal legal document that initiates the process of litigation. The statement of claim is a supporting document in which we establish all the supporting details of your Atlanta medical malpractice suit:
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We file the two documents together at the court clerk's office.
Defendants Are Notified of the Georgia Medical Malpractice Lawsuit
The court engages process servers to deliver copies of your malpractice claim to the defendant. A civil summons will be included, informing the defendant of the time and place that the suit is to be heard. Time will usually be allowed for the defendant to respond to the summons.
Usual Responses to a Georgia Malpractice Lawsuit
In almost every case, a medical malpractice defendant will respond to the notice of a malpractice lawsuit in Atlanta or a malpractice lawsuit in Georgia with a request for a hearing, in which the defendant's lawyers will attempt to have the case dismissed. Our lawyers fight to prevent a dismissal, using the information we have gathered in our preliminary investigation of your case.
Settlement Negotiation or Trial Of Malpractice Lawsuits in Atlanta
Finally, we enter the period of negotiation between the two sides, seeking an acceptable settlement offer from the defendant. This process often goes through several rounds of offers. The defense may again seek a dismissal, while we may seek a summary judgment—a statement from the judge that you are entitled to the amount requested, and that negotiations may come to an end. However, if an acceptable settlement cannot be reached, we proceed to trial with your medical malpractice suit in Atlanta.