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What Are the Steps Involved in a Pennsylvania Personal Injury Case?

October 11, 2023 / Personal Injury Claims

The personal injury claim process can seem daunting, especially when you are dealing with the physical injuries and emotional trauma of your accident. A Pennsylvania personal injury lawyer, like Solnick Lawyers, will guide you through the process of investigating, evaluating, filing, and negotiating a personal injury claim. We will listen to your story and your questions, and help you to get the compensation you need after your accident. We work with you as a team to develop the best strategies and options to fully enforce your legal rights and maximize your compensation.

Step 1: Consult With a Pennsylvania Personal Injury Attorney 

Your first contact with a Pennsylvania personal injury attorney will probably be a phone call or an online contact form. Regardless of how you first contact an attorney, they will usually schedule a time to discuss your accident with you and answer your questions, either in person or over the phone. Most personal injury attorneys will offer a free consultation, but you should always confirm any fees beforehand.

At your first meeting, the personal injury lawyer and their team will talk to you about the details as to how your accident happened, the extent of your injuries, your treatment, and the effect that the accident has had on your working and personal life. You will be able to ask questions and consider strategies to move forward with your claim.  You might want to ask about the lawyer’s experience, which attorneys or paralegals would be handling your case if you hire them, and their firm fee policies. Many personal injury lawyers will take your case on a contingency basis, meaning that they only charge you legal fees if they obtain compensation or an award on your behalf.   

Step 2: Investigation of the Accident 

Your attorney will investigate the accident to find out all the facts and gather as much information and evidence as possible before filing a personal injury lawsuit. This will continue in the discovery phase after a lawsuit is filed. Some of the evidence that your attorney will obtain as part of their investigation could include: 

  • Witness statements
  • Medical records
  • Medical bills
  • Police report
  • Photos of the accident 
  • Photos of your injuries
  • Security or traffic camera footage
  • Wage slips
  • Health and safety policies

When necessary, your lawyer may visit the location of the accident, and work with investigators to talk to witnesses and sometimes your friends and family about the accident and its effect on you. It may also be advisable to bring in medical experts or accident reconstruction experts to determine how the accident happened and the extent of your physical injuries. Your attorney’s investigation is critical to deciding what your next steps are. It helps everyone understand how strong your case is and how much compensation you could be awarded if you win.  At Solnick Lawyers, we work closely with our clients to tailor our investigation and strategies to the unique circumstances of your case.

Step 3: Filing a Lawsuit in a Personal Injury Claim 

If your attorney’s investigation reveals that you have grounds for a personal injury claim, and once your medical treatment has been completed or stabilized, the next step would be to file a lawsuit against the at-fault party or parties if the claim has not otherwise been settled.  Your attorney will prepare the complaint, which outlines your claims. A personal injury lawsuit must be filed within the statute of limitations period for such a claim in your state. In Pennsylvania, the deadline is generally 2 years from the date of the incident causing injuries.

Step 4: Negotiation 

Depending on the circumstances, and the details of your particular situation, your attorney will enter a period of negotiations with the at-fault party or their insurance company, often before a lawsuit is filed.  When negotiations are not fruitful, it is necessary to file a lawsuit. Your attorney will argue your side of the case, present the evidence and expert witnesses to support your claims, and ensure that your claim is not undervalued by the insurance company or the Court. The negotiation stage can continue right up to and during a trial. If the parties reach an agreement on the terms and amount of settlement, the case will not proceed to trial.  At Solnick Lawyers we work closely with our clients to develop strategies and provide advice throughout the claims and litigation process. 

Step 5: Settlement 

When you reach a settlement, the plaintiff (or accident victim) and the defendant agree on all of the terms, including the amount of the compensation paid to the plaintiff. The attorneys lead the negotiations and provide advice and options, but you will ultimately decide whether or not to accept a settlement offer. Your attorney will guide you on whether or not a settlement offer is fair and appropriate, and whether or not there are other terms that need to be considered, such as a structured settlement annuity or a confidentiality clause.

Step 6: Litigation (If Necessary) 

Many personal injury cases are settled before you set foot in a courtroom. Certainly, trials can be time-consuming, expensive, and emotionally difficult for accident victims. As such, when possible, It is in the best interest of many of our clients to reach a settlement. However, if an at-fault party or their insurance carrier is unwilling to agree to an appropriate settlement with full and fair compensation for accident-related injuries, it may be necessary to take the case to trial and fight for the results they deserve. We have years of trial experience and successes, and we understand what a jury values when evaluating a personal injury lawsuit.

You Don’t Have to Fight Your Claim Alone, Solnick Lawyers Can Help

Solnick Lawyers has been representing personal injury victims in the Greater Philadelphia area, and throughout Pennsylvania and New Jersey, for more than 20 years. We are not intimidated by the tactics of aggressive corporations, insurance companies, or government agencies. We face them day after day in negotiations and courtrooms to secure justice for our clients, and we will do the same for you. Solnick Lawyers is on your side. Contact us today to schedule your free consultation. 

If you have suffered a personal injury, let Solnick Lawyers fight to get you the assistance and compensation to which you are entitled. Solnick Lawyers is on your side. Let us fight for you.

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If you have suffered a personal injury, let Solnick Lawyers fight to get you the assistance and compensation to which you are entitled. Contact us at 215-481-9979 to put us on your side.