What Happens When a Defendant in a Personal Injury Case Fails to Appear in Court?

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Personal injury litigation is often a lengthy process, involving months or even years of pretrial discovery, followed by a trial and possibly several rounds of appeals. What happens when the defendant simply fails to respond to the plaintiff’s lawsuit? Does the plaintiff automatically win?

Anderson v. Family Dollar Stores of Georgia, LLC

In legal terms, a defendant who fails to answer a properly served complaint “defaults.” This does not necessarily mean that the plaintiff is entitled to damages. The default only means the judge must take the factual allegations in the plaintiff’s complaint as true. The judge must then determine if those allegations are properly pled–i.e., that they actually state a legal basis for granting relief.

If the judge decides such a basis exists, then yes, the court can enter a default judgment and award damages. Default judgments of this type are most commonly associated with creditor lawsuits. For example, a credit card company sues a delinquent account holder who, typically because he or she cannot afford a defense, simply fails to appear in court, leading the judge to issue default judgment to the creditor.

While perhaps less common, default judgments can and do happen in personal injury cases, even against defendants that are large, well-known companies. In fact, a federal judge in Valdosta recently issued a $1.4 million default judgment in a slip-and-fall case.

According to the plaintiff’s complaint, he visited a store owned by the defendant in 2014. While walking across the parking lot to the store’s entrance, the plaintiff “fell into a large hole where the pavement had collapsed.” The plaintiff alleged the defendant had known about the hole for a “significant period of time” and deliberately chose not to make repairs.

For whatever reason, the defendant never entered an appearance or in any way replied to the plaintiff’s lawsuit. The court noted the defendant’s default. The plaintiff then moved for default judgment and an award of damages.

The judge determined that, taking the allegations in the complaint as true, the plaintiff had demonstrated he suffered serious injuries as a result of the fall, and that the defendant’s negligence was the cause. Taking into account the plaintiff’s age, his inability to work after the accident, and his permanent injuries, the judge awarded compensatory damages of $1.2 million.

The plaintiff also asked for punitive damages. Under Georgia law, such damages are available when the plaintiff can prove the defendant’s actions showed “want of care which would raise the presumption of conscious indifference to consequences.” As noted above, the plaintiff alleged the defendant knew about the hole in the pavement for some time yet did not fix it. Taking this statement as true–which the court must in a default judgment situation–the judge found this “showed want of care.” Accordingly, the court awarded the plaintiff an additional $200,000 in punitive damages.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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