How Does A Personal Injury Lawsuit Work?

Finding yourself dealing with a minor or severe injury as a result of someone else’s negligence can be emotionally traumatizing, physically draining, and financially burdensome. Many attempt to recover from this situation by filing a personal injury lawsuit against the person who either directly or indirectly caused the accident. But while most know what a personal injury lawsuit is, they may not know how to navigate it or what the exact process looks like in their state. If you’ve been injured and are seeking compensation, let’s take a closer look at how personal injury lawsuits work and what’s next for you.

Before Filing a Claim: The Prerequisites

Filing a claim is tricky if you don’t have enough evidence to prove that someone else was at fault for the injuries you sustained. This is why it’s important to document everything you can so that you can hand it over to your personal injury lawyer, and they can then leverage it to get you the most compensation possible. In many personal injury cases, documentation may include witness statements and information, video and photo evidence, and medical records, which should be acquired right away to ensure that there’s a paper trail to follow. It’s also essential to secure this information as soon as possible as there’s a two-year window (unless you have delayed injuries) in which to file your claim before you’re unable to pursue compensation.

Keep in mind that documentation will be necessary regardless of the circumstances of the accident. Accidents may fall under no-fault or shared-fault rules under Pennsylvania law, but you need evidence of your accident regardless to make sure you’re properly compensated by your insurance or even if you’re only able to sue for a capped amount.

The Personal Injury Claim Process

Once you have everything you need and you have a thorough understanding of how much you’re able to sue for, it’s time to file your claim. Many people think they have an understanding of the claims process, but it might be more complicated than you believe. Here is an overview of the next steps.

  • Your personal injury attorney drafts a demand letter or a complaint. This demand letter lets the other party know that you’re seeking damages and documents the exact nature of the accident. This letter is served to the other party before the statute of limitations expires.
  • The defendant files a response with the court, either admitting that the events did take place or that certain parts of the event are untrue, or they’ll file a counterclaim and make the argument that you were at fault for the accident instead.
  • Pre-trial motions occur, which could involve a motion for summary judgment if you have a claim that is clearly well-supported and difficult to refute or a motion to dismiss if you don’t have nearly enough evidence.
  • The discovery process takes place and both sides make their case, this might include presenting evidence, offering testimony, and deposing witnesses to learn more about the details of the event from unbiased third parties.
  • The trial takes place and a settlement is reached. Some defendants might offer a settlement before this, but a judge or a jury could determine the amount you receive if a lawsuit makes it this far.

There are a lot of steps involved in a personal injury lawsuit in Pennsylvania, which is why it’s important to have the right support on your side.

Get the Compensation You Deserve With Katz Injury Lawyer

The experienced personal injury lawyers here at Katz Injury Lawyer are waiting to support you through the personal injury lawsuit process. Whether you need the support of a car accident lawyer serving Philly or an Uber accident lawyer in Delaware County, PA, we’re here to help. Contact us today so we can learn more about the details of your case and walk you through the next steps.

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