Process in Pennsylvania
A personal injury lawsuit formally begins when your attorney files a document called a "complaint" with the court. This document outlines who you are suing, why you are suing them, and the damages you have suffered.
From there, the process moves through several distinct phases: investigation, discovery (where both sides exchange information), settlement negotiations, and, in rare cases, a trial. The entire journey is governed by strict deadlines and complex procedural rules, like Pennsylvania's two-year time limit to file a claim, known as the statute of limitations.
If you have questions about what your path to recovery looks like, call Leonard Hill - Personal Injury Lawyers And Car Accident Lawyers at (215) 567-7600 for a straightforward conversation about your situation.
The First Question: Do I Even Have a Personal Injury Case?
Before looking at the procedural steps, it helps to understand the basic foundation of a personal injury claim. At its core, a case is built on three key elements. If these pieces are present, you may have a valid claim for compensation.
- A Duty of Care: The first element is showing that the other party had a responsibility to act with reasonable safety. This is a legal concept that applies to countless situations. For example, a driver on a Pennsylvania road has a duty to every other road user such as pedestrians, cyclists, and other drivers, to follow traffic laws and operate their vehicle safely.
- A Breach of That Duty: The second element is proving the other party failed in that responsibility. This failure, or breach, is the concept of negligence. If a driver runs a red light or is texting while driving, they have breached their duty of care. Their actions were not what a reasonably careful person would do in the same situation.
- Causation and Damages: The final element connects the breach to your injuries. You must show that the other party's failure directly caused you harm and that this harm resulted in specific losses. These losses are legally known as damages. This includes tangible costs like medical bills and lost income, as well as intangible impacts like pain and suffering.
Step 1: Your First Meeting with a Personal Injury Attorney
The decision to speak with a lawyer is a significant one. The initial consultation is a no-cost, no-obligation meeting designed to help you understand your options. It is a two-way conversation where you get to share your story and ask questions, and the attorney gets to evaluate the facts of your potential case.
What Should You Bring to a Free Consultation?
To make the most of this first meeting, bring the file of documents you have started to assemble. This includes any police reports, your own insurance information, the other party's insurance information (if you have it), photos, and any medical records you have received so far. The more information you can provide, the clearer the attorney's initial assessment will be.
What Questions Will the Attorney Ask?
The attorney will need to understand the full context of your situation. They will ask for the fundamental details of the accident: who was involved, what happened, and when and where it occurred. They will also ask about the nature of your injuries, the medical treatment you have received, and how the injuries have affected your work and daily life.
What Questions Should You Ask?
This meeting is also your opportunity to interview the attorney and the firm. You should feel comfortable with the people who may be representing you. Consider asking questions like:
- Who will be my main point of contact and handle my case day-to-day?
- How does the firm communicate updates on a case's progress?
- Based on the information I've provided, what is your initial assessment of my case?
Signing the Paperwork
If you decide to move forward, you will be asked to sign a fee agreement. Most personal injury firms, including ours, work on a contingency fee basis. This is a straightforward arrangement where the law firm only earns a fee if they secure a financial recovery for you, either through a settlement or a court verdict. The fee is a percentage of the total recovery. If there is no recovery, you owe no attorney's fees.
Step 2: The Investigation Phase: Building the Foundation of Your Case
Once you have retained an attorney, the "behind-the-scenes" work begins. This is the investigation phase, where our team works diligently to gather and analyze all the evidence needed to build a strong foundation for your claim.
Our team will immediately begin to:
- Collect All Evidence: We will obtain the official police or incident report, request all of your medical records and bills, and reach out to any witnesses who saw what happened.
- Document the Scene: In many cases, especially those involving complex car accidents or unsafe property conditions, we may send investigators to the location to take detailed photographs and measurements before conditions change.
- Identify All Liable Parties: Sometimes, the responsibility for an accident lies with more than one person or entity. For example, in a commercial truck accident, the driver, the trucking company, the company that loaded the cargo, and even the manufacturer of a faulty truck part could all share some level of fault.
- Consult With Professionals: We frequently collaborate with a network of professionals to strengthen a case. This might include medical professionals who can explain the long-term consequences of your injuries or accident reconstructionists who use physics and engineering principles to prove exactly how an incident occurred.
Step 3: Filing the Lawsuit: The Official Starting Point
After the initial investigation is complete and we have a clear understanding of the facts and the extent of your damages, the next step is to formally pursue compensation. This usually begins with a demand letter before escalating to a formal lawsuit if necessary.
The Demand Letter
In most cases, we will first prepare and send a comprehensive demand letter to the at-fault party's insurance company. This is a detailed legal document that lays out the facts of the case, explains why the insured is legally liable for your injuries, and provides a full accounting of your damages. This includes your medical expenses, lost income, and a valuation of your pain and suffering. The letter concludes with a demand for a specific settlement amount.
Filing the Complaint
If the insurance company responds with an unreasonably low offer, or if they refuse to negotiate in good faith, we will then proceed with filing a lawsuit. The lawsuit officially begins when we file a document called a "Complaint" with the appropriate Pennsylvania court. This document formally names the person or entity you are suing (the "defendant") and sets forth the legal arguments and factual allegations that form the basis of your claim.
Serving the Defendant
After the Complaint is filed with the court, a copy must be officially delivered to the defendant. This formal delivery is known as "service of process," and it ensures that the defendant is legally notified that they are being sued. Once served, the defendant has a specific amount of time, typically 20 to 30 days, to file a formal "Answer" with the court, responding to the allegations in the Complaint.
Step 4: The Discovery Process: Exchanging Information
Once the Complaint and Answer have been filed, the lawsuit enters what is typically its longest phase: discovery. This is the formal process through which both sides exchange information and evidence. The goal of discovery is to ensure that each party knows the strengths and weaknesses of the other's case, which prevents surprises at trial and often encourages a fair settlement.
Step 5: Negotiations, Mediation, and Settling the Case
It is a common misconception that every personal injury lawsuit ends in a dramatic courtroom trial when in reality, the vast majority of cases are resolved long before that point. Data from the U.S. Department of Justice's Bureau of Justice Statistics indicates that more than 95% of tort cases are resolved through a settlement before a trial verdict. This happens because as evidence is exchanged during discovery, both sides get a much clearer picture of the likely outcome at trial, which motivates them to find a middle ground.
Negotiation
Negotiations could happen at any point during the lawsuit. Your attorney and the defense attorney will be in communication, discussing the case and exploring potential settlement figures. A strong piece of evidence uncovered during a deposition or a compelling report from a medical professional may often restart or advance these discussions.
Mediation
If direct negotiations stall, the parties may agree to mediation. This is a more structured negotiation facilitated by a neutral third party, known as a mediator, who is often a retired judge or an experienced attorney. The mediator does not make any decisions but works with both sides, sometimes in separate rooms, to help them identify common ground and work toward a mutually acceptable resolution. Mediation is confidential and non-binding, meaning you are not forced to accept any offer.
What is a Fair Settlement?
Our firm will carefully calculate the full value of your claim to ensure any settlement offer is fair. This calculation includes:
- Economic Damages: These are your measurable financial losses, such as all past and future medical bills, lost wages from time off work, and any reduction in your future earning capacity.
- Non-Economic Damages: This is compensation for the human cost of the injury, including physical pain, emotional distress, scarring or disfigurement, and the loss of enjoyment of life.
Step 6: Trial: Presenting Your Case to a Judge and Jury
Although it is the final and least common step in what are the steps in a personal injury lawsuit, going to trial is sometimes necessary. This happens when the insurance company refuses to offer a settlement that fairly compensates you for your losses, and you and your attorney agree that presenting the case to a jury is the best remaining option.
What is Pennsylvania's Rule on Shared Fault?
In some accidents, the question of fault is not entirely black and white. A defendant might argue that you, the injured person, were also careless and contributed to the accident. Pennsylvania law has a specific rule to handle these situations, known as "modified comparative negligence."
You are still able to recover damages as long as your share of the fault is not greater than the defendant's share. Your total compensation will be reduced by your percentage of fault as long as you are 50% or less at fault.
The insurance company will conduct an investigation to look for any evidence to argue you were at fault. Our role is to keep them accountable and ensure no amount of blame is unjustly put on you.
Frequently Asked Questions About The Lawsuit Process
How Long Will My Personal Injury Lawsuit Take?
There is no single timeline that fits every case. The duration depends on the complexity of the issues, the severity of the injuries, and the willingness of the other side to negotiate reasonably. A relatively straightforward case that settles before a lawsuit is filed might be resolved in under a year. A more complex case that goes through the full discovery process could take two years or more. According to federal court data, the median time from filing a tort case to its disposition is around 14 months.
What Happens If The Person Who Hit Me Has No Insurance?
This is an unfortunate but common situation. If the at-fault driver is uninsured, you may be able to make a claim through your own auto insurance policy, provided you have Uninsured Motorist (UM) coverage. Similarly, if the other driver has insurance but their policy limits are too low to cover your damages, you may be able to use your own Underinsured Motorist (UIM) coverage. It is always a good idea to review your own insurance policy to understand the coverages you have.
Let's Get Your Questions Answered
The legal process has many steps, but it is a path that has been walked before. Taking the first step to get information is the most important one.
For a clear explanation of your rights and options, call Leonard Hill - Personal Injury Lawyers And Car Accident Lawyers for a no-obligation consultation at (215) 567-7600.