The Seven Steps of the Personal Injury Claim Process

Unless you have previously been involved in an accident, you likely have little experience with personal injury claims. The aftermath can be confusing and alarming if you don’t know what’s coming. To help reduce your stress and give you an idea of how your case will progress, here are the seven primary steps of a Pennsylvania personal injury claim:

Step 1: Investigation and Evidence Collection

Once you hire a lawyer, they’ll begin by investigating the accident and gathering evidence. This evidence may include police reports, your medical records, photos from the scene, surveillance footage, and statements from eyewitnesses.

Your lawyer’s goal is to understand precisely what happened and identify who is legally responsible for your injuries. The stronger the evidence, the better your chances of reaching your preferred outcome.

Step 2: Medical Treatment and Ongoing Care

Getting medical treatment is an essential step in any personal injury claim. If you haven’t already seen a doctor, don’t wait. Prompt care can help you recover faster and creates a thorough record of your injuries.

Be thorough when describing your symptoms to your doctor, but don’t make up or exaggerate your symptoms. Furthermore, make sure you follow through with all your recommended treatments. Your medical records are crucial evidence in your case because they help show the extent of your injuries and how they affect your life. By contrast, skipping appointments or delaying care could hurt both your health and your claim by implying your injuries aren’t as severe as you say.

Step 3: Evaluating the Value of Your Claim

As you progress through your medical treatments, your lawyer will calculate the value of your claim. Your compensation can include money for direct costs like your medical bills, physical therapy, and lost income. It can also include money for more personal losses such as your pain and suffering, emotional distress, and the ways your injuries have changed your day-to-day life. Every case is different, so your lawyer will look at your unique circumstances to develop a fair and realistic number as the basis for settlement discussions.

Step 4: Sending a Demand Letter

When your lawyer has enough information, they’ll send a demand letter to whoever caused your injuries or their insurance company. This letter outlines the facts of the case, explains why the other party is liable, and states how much compensation you’re seeking.

The demand letter signals that you’re serious and gives the other side a chance to settle the matter without going to court. Sometimes, the insurance company agrees to negotiate. Other times, they may deny responsibility or offer much less than you deserve.

Step 5: Negotiating a Settlement

The next step after sending a demand letter is to engage in settlement negotiations. Your lawyer will handle this process, using the evidence they gathered earlier to push for a fair resolution. While many cases settle during this stage, it’s not uncommon for the first offer you receive to fall short of your goals.

Step 6: Filing a Lawsuit If Necessary

Your lawyer may recommend filing a lawsuit if negotiations stall or the insurance company refuses to make a fair offer. This action starts the formal legal process. Under Pennsylvania law, you have only two years from the date of the accident to file a personal injury lawsuit.

After your lawyer files a lawsuit, both sides will exchange information during the discovery phase of the litigation. Discovery includes depositions, document requests, and additional evidence collection. Filing a lawsuit doesn’t always mean the case will go to trial, but it can put more pressure on the other party to settle. Your lawyer will continue negotiations during this phase while preparing your case for a court trial.

Step 7: Settlement or Trial

Your case will ultimately end with an insurance settlement or trial. If the insurance company makes a fair settlement offer before trial, your lawyer will discuss it with you and help you weigh your options. If you accept the settlement offer, you’ll sign a settlement agreement, and the insurer will send your check to your lawyer.

If the case goes to court, a judge or jury will decide who is responsible and how much compensation you should receive. Your lawyer will present evidence during the trial, question witnesses, and argue your case.

Whether through a settlement or trial verdict, the goal is to help you recover the compensation you need to heal and move forward.

Contact Our Greensburg, PA, Personal Injury Law Firm

Attorney Cindy Stine and her team have decades of experience helping injured Pennsylvania residents find justice and recover fair compensation. We’ll handle the steps in your personal injury claim so you can focus on healing and rebuilding your life. You don’t owe us any fees unless we obtain compensation for you.

Call Stine & Associates, P.C., today or complete our contact form for a free consultation.