Timeline of a Personal Injury Case According To a Personal Injury Lawyer

If you’ve been injured in a personal injury incident, you are likely anxious to resolve your claim and obtain the compensation you need to pay your medical bills and make up your lost wages. 

The personal injury claims process can be daunting, but an experienced Philadelphia personal injury lawyer can answer your questions and give you information about what to expect. While there is no fortune ball in determining how long it will take to resolve your case, an experienced lawyer can give you a better idea about what to expect.

Factors That Can Affect the Timeline of Your Personal Injury Case

Every personal injury case is different. Some cases may take longer than others. Some of the factors that can affect your claim may include:

Type of Personal Injury Case

Personal injury can refer to many different types of cases, including slips and falls, car accidents, truck accidents, product liability claims, medical malpractice, and more. The simpler the type of claim, such as a typical car accident case resulting in a minor injury, the faster the case will probably be. 

However, if the case is more complicated, such as in the case of medical malpractice or product liability claims, the case will probably take longer to resolve.

Defendants Involved

The number and identity of the parties can also affect how long the case may take to settle. If multiple defendants were responsible for your injuries, they may try to deny responsibility and blame the others. 

Additionally, if the defendant has more resources, such as a trucking company or large employer, they may have aggressive legal teams that fight viciously to protect their own clients’ interests.

Liability in Question

If you may have shared responsibility for the accident, this can impact your claim. However, under Pennsylvania’s modified comparative negligence law, you can still seek compensation for the harm you’ve suffered, but your compensation will be reduced by your degree of fault. You’ll be barred from financial recovery if your fault exceeds that of the defendant. 

Extent of Damages

When damages are more extensive, the insurance company or defendant may try to push back because they do not want to be responsible for paying for the full extent of the harm they’ve caused.

Steps Involved in the Personal Injury Claim Process

While every case is unique, the general steps involved in a personal injury case include:

Seek Medical Attention

After any type of personal injury, one of the first things you want to do is seek medical attention. Your health is the number one priority. You want to get better and seek prompt medical treatment to show you are taking your health seriously.

Additionally, seeking medical attention will start to build your case. Doctors can document the reason for your medical visit and that it was caused by a personal injury accident. These details can be included in your medical records and used to bolster your claim.

Consultation With a Personal Injury Lawyer

 As soon as possible, you want to contact an experienced personal injury lawyer who can:

  • Advise you of your legal rights
  • Explain your legal options
  • Tell you the deadline for filing your case
  • Act as your advocate

A lawyer will ensure that you take home fair compensation and protect you throughout your case.

Investigation and Evidence Gathering

Once you retain a lawyer, they can begin investigating your accident. 

They can gather evidence such as:

  • Photos or videos of the accident scene
  • Accident reports
  • Witness and party statements
  • Company records
  • Medical records
  • Receipts, invoices, and estimates of damages

You’ll need this evidence to prove your case, including liability and the value of your losses. 

Filing an Insurance Claim

Most personal injury cases are resolved through an insurance claim. Your lawyer can calculate the value of your claim based on the losses you’ve incurred and demand that the insurance company compensate you fully for them.

Negotiations

The insurance company or defendant may respond to your lawyer’s demand by denying your claim, making a counteroffer for less money, or agreeing to compensate you according to the demand. There may be several rounds of negotiation before the case is settled. 

Filing a Personal Injury Lawsuit

If the insurance company refuses to settle for a fair amount, your lawyer may recommend filing a lawsuit to demand the compensation you deserve in court.

The Discovery Process

Discovery is the formal process your lawyer will use to gather important evidence in your case. This may include depositions, requests for admissions and documents, and interrogatories. 

Settlement Negotiations

Your lawyer and the defendant’s lawyer may once again try to resolve the case through a settlement. They may also recommend mediation or arbitration

Trial

If the case goes all the way to trial, your lawyer can present and challenge evidence, examine witnesses, and raise legal objections. 

Contact a Philadelphia Personal Injury Attorney If You Have Questions or Need Assistance

You need a lawyer you can trust to be your advocate in and out of court. Contact a Philadelphia personal injury lawyer for help with your personal injury claim or if you have questions regarding the timeline of your case.

To learn more and get the help you deserve, call Zavodnick & Lasky Personal Injury Lawyers at (215) 875-7030 or contact us online.
You can also visit our law firm at 123 S Broad St #1220, Philadelphia, PA 19109.