Personal Injury Report
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State Budget Crisis is Threatening Speedy Civil Trials

The New York Times reported today that New Hampshire is going to halt all civil jury trials for one month early next year to save money on its judicial system budget.  While this may be a good thing for New Hampshire, it is also a good thing for insurance companies and a bad thing for personal injury victims.  Insurance companies already try to delay settlement and paying on a case.  Why?  Because the longer they keep the money the more money they can make on investments and interest (even in today’s markets?).  With the economy now in a full-blown recession, personal injury victims are usually the ones who need the money the most.  Some cannot work and are looking to a trial for closure in their case.  By pushing back jury trials, I am sure some personal injury plaintiff’s will reconsider settlement for less than their case is worth rather than waiting indefinitely to present their case to a jury.

Here in Georgia we are already starting to see the budget shortfalls hit the judicial system.  Just this past August the Council for Superior Court Judges suspended the use of senior judges in assisting with heavy case loads in the metro Atlanta courts.  Senior judges are retired judges who would serve as needed to resolve backlogged trial calendars.

Now is all the more reason to never agree to take your case off a trial calendar.  My policy is to give the other side all the extensions they ask for save one – trial.  Once a case is on a trial calendar I will not agree to postpone it.  That is my client’s day in court and it shall not be delayed.  Especially with cases in Atlanta taking anywhere from 1.5 – 3 years to see a jury.

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