Page 23 - Chris Book.docx

and all available information to help you make an informed decision

whether to accept or reject a settlement offer. A well-prepared attorney
will be able to go to trial if the insurance company will not provide a

reasonable settlement offer.
Filing of a Lawsuit. In some cases, for some reason or another,
the adjuster and/or insurance company and a claimant simply cannot agree

on a reasonable settlement amount. In this event, the claimant will need
to file a lawsuit. In Georgia, lawsuits may be initiated in four different

courts: magistrate court, civil court, state court, or superior court.
Generally, the lawsuit will be filed in the county in which the at-fault
7
party (defendant) resides at the time that the lawsuit is filed. This rule
has some exceptions but having the best possible “venue” is very
important. Some jurisdictions are much more conservative than others.
For example, historically, Columbia County, Georgia, is more

conservative and the typical jury will award less than a more liberal
jurisdiction, such as Fulton County, Georgia. It is very important to have
an attorney who can identify all possible jurisdiction and venues and

choose the best venue for your claim. The following paragraphs describe
the different trial courts in Georgia.

Magistrate Court. Magistrate courts are often referred to as
“small claims courts” because the judge only has the authority to award up
to $15,000.00 in damages. Once a suit in magistrate court is initiated by
8
filing a “notice of claim”, the defendant will have thirty days to respond
to the lawsuit by filing an “answer.” After an answer is filed, the court

will schedule the case for trial, typically within 30-60 days after the filing
of an answer. At trial, the parties will have the opportunity to present their

7 O.C.G.A. § 9-10-30 (2013).
8 O.C.G.A. § 15-10-2 (2013).
23