The time, indeed, is running out: to sue a county in Georgia, you must "present all claims" within 12 months from the event giving rise to your cause of action. Asking for an advice on a New York forum is not likely to advance your position because your claim will have to be prosecuted in Georgia courts, under Georgia laws, and, preferably, by a Georgia attorney. You could, of course, try filing the suit yourself, without an attorney. It will take a lot of your time. You will have to travel to Georgia, more than once, and likely have to stay there for days at a time (once the attorney for the county's insurer realizes that you are a self-represented, out-of-state claimant he/she will make sure that all the hearings, depositions, etc. are scheduled at the least convenient for you dates and times, and then cancel and re-schedule them at the last possible moment - until you can't stand it anymore and give up your lawsuit). Seeing all the mistakes in your paperwork, the opposition will exploit your inexperience mercilessly and shamelessly, and, if your mistakes do not give them ground to have the case dismissed, they will offer you a settlement so ridiculously low that they would never dared to even consider it if you were represented - all the while telling you they are sorry about your pain and assuring you that it is a fair offer, the best you can possibly get... On the other hand, it is possible that the county will offer you a settlement that you will find satisfactory. If you want to gamble on it, go to Georgia and try filing the case. Most courts would even give you some assistance in preparing the paperwork or refer you to a pro bono attorney. Remember that, prior to filing a case with the court, you must send to the county a document called *ante litem* notice under O.C.G.A. 36-11-1. It must be done within a year from the date of your injury, and, in the notice, you must notify the county of your intent to file a lawsuit, and lay out basic information of the reason for your claim. The information about your claim in the notice must be sufficient to give county officials and legal counsel an opportunity to investigate the claim and gather evidence before the suit is filed. Your bet is that, after receiving the notice, the county will offer you a settlement that you might find acceptable. However, if you are not a gambling type, stop wasting time, and find a Georgia attorney who will agree to represent you. If no professional will take your case, it likely means that the case is not worth the money, the time, and the effort bringing and litigating it would take. Most personal injury attorneys work on contingency fees: attorney advances the costs of the case, and works on it without an advance payment; after the case ends in a judgment or a settlement, the attorney gets usually about a third plus expenses; if the case is lost, the attorney gets nothing for his work (and good luck getting compensated by the client for the money the attorney spent on the case out of his own pocket). So, when presented with a claim, an attorney runs a risk-benefit evaluation of the case. If he/she rejects the case, it might be because he/she assumes the contingency fee arrangement and does not feel that the potential outcome is worth the risk. It does not mean that the same attorney would not take the case if you offer the attorney an hourly fee. Don't be shy, ask questions: - How much is your claim worth (in other words, how much money might you win), and how likely it is that you would prevail in court? - What expenses associated with the case you can expect (filing fees, costs of investigation, depositions, and expert witnesses, etc.) - How much would the attorney charge you if retained on an hourly basis? All this information would help you decide whether you want to pursue the case, and whether you want to finance it. If your answer is "yes" to both these questions, few attorneys will decline a case on a retainer.
The time, indeed, is running out: to sue a county in Georgia, you must "present all claims" within 12 months from the event giving rise to your cause of action. Asking for an advice on a New York forum is not likely to advance your position because your claim will have to be prosecuted in Georgia courts, under Georgia laws, and, preferably, by a Georgia attorney. You could, of course, try filing the suit yourself, without an attorney. It will take a lot of your time. You will have to travel to Georgia, more than once, and likely have to stay there for days at a time (once the attorney for the county's insurer realizes that you are a self-represented, out-of-state claimant he/she will make sure that all the hearings, depositions, etc. are scheduled at the least convenient for you dates and times, and then cancel and re-schedule them at the last possible moment - until you can't stand it anymore and give up your lawsuit). Seeing all the mistakes in your paperwork, the opposition will exploit your inexperience mercilessly and shamelessly, and, if your mistakes do not give them ground to have the case dismissed, they will offer you a settlement so ridiculously low that they would never dared to even consider it if you were represented - all the while telling you they are sorry about your pain and assuring you that it is a fair offer, the best you can possibly get... On the other hand, it is possible that the county will offer you a settlement that you will find satisfactory. If you want to gamble on it, go to Georgia and try filing the case. Most courts would even give you some assistance in preparing the paperwork or refer you to a pro bono attorney. Remember that, prior to filing a case with the court, you must send to the county a document called *ante litem* notice under O.C.G.A. 36-11-1. It must be done within a year from the date of your injury, and, in the notice, you must notify the county of your intent to file a lawsuit, and lay out basic information of the reason for your claim. The information about your claim in the notice must be sufficient to give county officials and legal counsel an opportunity to investigate the claim and gather evidence before the suit is filed. Your bet is that, after receiving the notice, the county will offer you a settlement that you might find acceptable. However, if you are not a gambling type, stop wasting time, and find a Georgia attorney who will agree to represent you. If no professional will take your case, it likely means that the case is not worth the money, the time, and the effort bringing and litigating it would take. Most personal injury attorneys work on contingency fees: attorney advances the costs of the case, and works on it without an advance payment; after the case ends in a judgment or a settlement, the attorney gets usually about a third plus expenses; if the case is lost, the attorney gets nothing for his work (and good luck getting compensated by the client for the money the attorney spent on the case out of his own pocket). So, when presented with a claim, an attorney runs a risk-benefit evaluation of the case. If he/she rejects the case, it might be because he/she assumes the contingency fee arrangement and does not feel that the potential outcome is worth the risk. It does not mean that the same attorney would not take the case if you offer the attorney an hourly fee. Don't be shy, ask questions: - How much is your claim worth (in other words, how much money might you win), and how likely it is that you would prevail in court? - What expenses associated with the case you can expect (filing fees, costs of investigation, depositions, and expert witnesses, etc.) - How much would the attorney charge you if retained on an hourly basis? All this information would help you decide whether you want to pursue the case, and whether you want to finance it. If your answer is "yes" to both these questions, few attorneys will decline a case on a retainer.
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