After suffering injuries due to the negligence of another individual, the prospect of filing a personal injury claim in Pennsylvania may strike fear into the minds of the injured. You probably have a lot of concerns, such as, "Should I hire an attorney?" Should I get a lawyer before I file? How can I tell whether my case has merit? For accurate answers to these questions, you should speak with an experienced Pennsylvania personal injury attorney.
The laws in PA establish time limits, restrict the types of claims that can be filed, cap the amounts of money that can be awarded in certain cases, and limit who can receive financial compensation for injuries caused by another party.
There are specific steps that you should take and many things to think about before you file. Attorney Brandon J. Broderick has the experience and expertise to guide you in the right direction.
Consider the following advice before you attempt to make a claim for personal injuries in Pennsylvania.
Document Everything Possible About the Accident and Injury/Injuries
Documenting everything is the first step in filing a successful personal injury claim in Pennsylvania. You must be able to specify precisely how and when an injury occurred, as well as who you spoke with, what was said, etc. This can be one of the more difficult periods for many individuals, as the pain and shock of an injury can make it difficult to concentrate on gathering the information that will be required in the near future. In cases of severe injuries, such as catastrophic slip-and-fall injuries, serious car accidents, and other accidents, it may be impossible for the injured party to document a significant portion of the scene. In such situations, you or your personal injury attorney will rely on records kept by first responders, police, and bystanders, as well as any evidence that can be obtained later.
Below is a short list of key things that you should document after an accident, if possible.
- The injury's date, time, and location - Taking the time to document the weather conditions, obstacles that may have contributed to the accident, existing damage to vehicles, and many other details can have a significant impact on your case in the future. No detail is insignificant.
- The nature of the accident-related injuries - In many instances, an injured individual may believe that an accident was their fault or that they could have prevented it. It is essential to document the specifics of an accident, and you should never say that it was your responsibility or that you could have prevented it. Later, we will discuss comparative negligence, but for the time being, know that the less you say, the better your case. Just describe how the injury occurred in your own words.
- Names and contact information for all responsible individuals and witnesses - Keep track of anyone who assists you, communicates with you, or promises responsibility or authority over the situation. This means that if you fall in a retail or grocery store and a manager inquires about your injury, you must record the manager's contact information. Try to take as many notes as you can about the conversation. It is startling how frequently minor details in the immediate aftermath of an accident play a significant role in determining the eventual outcome. Don't neglect to ask witnesses who can verify your accident for their contact information.
A PA personal injury lawyer can assist you in gathering the evidence necessary to establish that you sustained injuries due to another's negligence.
Obtain Medical Care
Especially in accidents, serious injuries may occur. Sometimes these injuries are immediately apparent, while other times they manifest after days or even weeks. Visiting the hospital for medical treatment is essential.
Even if your injuries appear to be minor, a doctor can determine if the situation is worse than it appears. If you decide to file a lawsuit for personal injury, their records will be admissible as evidence.
The Process of Filing a Personal Injury Claim in Pennsylvania
Hiring a Personal Injury Lawyer
You are not required by law to be represented by an attorney in a personal injury case. If you have suffered a serious injury, however, it is in your best interest to retain legal representation.
Life-altering accidents and injuries demand legal support and guidance. It is crucial to work with a Pennsylvania personal injury attorney who understands both the nature of your loss and the specific act of negligence or misconduct that caused it.
Your Accident's Investigation
Your personal injury attorney will initially investigate the accident. The following are some of the objectives of your attorney's investigation:
- Identifying the cause of the accident that resulted in your injury/injuries
- Determining who is at fault
- Collecting evidence to support your claim of personal injury
- Examining your medical records to determine the severity of your injuries and how they impact your life, your capacity to work, etc.
- Speaking with witnesses about issues such as causation, liability and damages
Both your eligibility for filing a personal injury claim and the party responsible for your injuries and damages will be determined by a comprehensive investigation. Your personal injury attorney can also calculate the damages in your case based on the available evidence and the testimony of the experts.
Sending a Demand Letter
It is commonly believed that a lawsuit must be filed to obtain monetary compensation for personal injuries. However, informal settlement agreements are used to resolve the vast majority of personal injury claims in practice.
Your attorney will send a demand letter to the defendant (or, more likely, the defendant's insurance company) to initiate settlement negotiations. The following elements are contained in a demand letter:
- Description of the incident/accident that caused your injury/injuries.
- Information regarding the injury/injuries that you have experienced.
- A complaint statement against the defendant (i.e., the party or parties at fault).
- Any applicable laws that give you the right to compensation.
- The amount of compensation that you are requesting.
After receiving your demand letter, the insurer may make a settlement proposal. However, the settlement offer will likely be significantly less than what you want (or nothing if liability is contested).
Settlement Negotiations
One of the most important reasons to hire a personal injury attorney is to have a representative in insurance negotiations. Insurance companies frequently take advantage of those who make an effort to represent themselves.
Your attorney will manage all communications with the opposing party on your behalf. A Pennsylvania personal injury attorney will argue that you are entitled to the maximum settlement (i.e., the insurance policy limit) based on the evidence and rebuttals from the insurance company that you were partially responsible.
The majority of personal injury cases are resolved between a few months and a year after settlement negotiations. Patience is essential during this process; you don't want to accept a low settlement offer only to discover that it won't cover your ongoing bills.
Filing a PA Lawsuit for Personal Injury
If negotiations with the insurance provider fail, you may need to file a lawsuit. This is the starting point of the legal process for a personal injury claim, which may result in a trial.
Pennsylvania's statute of limitations for personal injury claims is 42 Pa. Cons. Stat. § 5524. According to this statute, you have two years to file a personal injury action to recover damages for your injuries or the wrongful death of a loved one caused by the negligence or wrongdoing of another.
Your personal injury attorney will prepare and file a complaint and a civil summons, which notify the court and the defendant(s) of your litigation, with the appropriate court. A Pennsylvania personal injury attorney familiar with the local courts can determine where to file your lawsuit and process the necessary documents on your behalf.
After filing a lawsuit, the defendant(s) in your personal injury case will be served with the complaint and summons. The filing of a personal injury lawsuit demonstrates that you are "serious," and settlement negotiations may resume. However, it is essential to be court-ready and not to rely on a pre-trial settlement.
Going to Trial in Pennsylvania
Rarely does a personal injury lawsuit proceed to trial. If a settlement cannot be reached, however, you must hire a personal injury attorney who is willing to represent you in court.
Your attorney will present your case in court (i.e., introduce evidence, summon witnesses, etc.) before a judge or jury. At this stage, the objective is to make a compelling case for a larger award.
All parties engaged in a case, including plaintiffs, defendants, and insurance companies, try to avoid trial as much as possible. Preparing for a trial requires significant time, money, and effort, and the outcome is not always certain. Nonetheless, if going to court is your only option for obtaining the personal injury compensation to which you are entitled, you must hire an experienced trial attorney.
Do I Need to Hire a Pennsylvania Personal Injury Lawyer Following my Accident?
Injury-causing accidents can occur without warning. Unanticipated events can have a negative impact on your health and finances. After an accident, the amount of compensation you should receive will depend on how you handle the case. If someone else's negligence has caused you injury, you have the right to pursue compensation for your losses. We are here to help you negotiate with insurance companies so that you do not have to.
The law does not require accident victims to be represented by an attorney when filing a personal injury claim. However, working with experienced personal injury attorneys can significantly influence the outcome of your case. Why assume the chance of receiving unjust compensation? When you retain a personal injury lawyer from our firm, there are no up-front fees. We only collect payment for our services if we are successful in resolving your case. If we lose, you owe us nothing.
Contact us for a free consultation to discuss the specifics of your case and learn how we can help you regain control of your life.