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Do I Have To Go to Court for My Personal Injury Claim?

Posted in Personal Injury on Thursday, December 21, 2023.

In short, the answer is no. Although the ultimate decision will depend on the specifics of your case, there are alternative ways of resolving many personal injury cases without spending a single day in court. Contact us to discuss: do I have to go to court for my personal injury claim?

Negotiating with Insurance Companies

One way to avoid court proceedings is by negotiating a settlement with insurance companies. Although this bypasses some of the work involved with a successful lawsuit, our team still must conduct an investigation to establish facts and prove liability so that you have a strong case to present at the negotiation table.

Pennsylvania has a no-fault insurance system for car accidents. This means that regardless of whose fault it is, your insurer provides coverage for medical expenses and lost income. When the injuries resulting from a car accident are particularly serious, legal action can be taken against the other driver for additional damages, such as pain and suffering.

Modified Comparative Negligence Rule in Pennsylvania

Another feature of Pennsylvania law covering personal injury cases is the modified comparative negligence rule. This means a plaintiff partially at fault for an injury will have their potential monetary award reduced by an equivalent percentage. For example, if you are found 25 percent responsible for the car crash, you can collect only 75 percent of the awarded damages.

Insurance companies will keep this in mind when dealing with plaintiffs and often try to get them to make statements that assume partial or full liability for an accident. The insurers then use this statement to reduce or negate their liability. They can also offer tempting, but lowball settlement offers that dramatically undervalue a case.

This is why, whether you are seeking to resolve your personal injury case in court or outside of the courtroom, you should contact an experienced lawyer for a free consultation. We can take a hard look at all the facts of a case and advise on what steps to take to maximize your chances of receiving compensation.

Call a Personal Injury Attorney Today for a Free Consultation

The statute of limitations for personal injury cases in Pennsylvania is two years from the date of injury, as per 42 Pennsylvania Consolidated Statutes § 55241. In some instances, extensions may be available. This is a small amount of time to accomplish all that is required in a successful personal injury case, and doing it alone can be extremely challenging and exhausting.

Do not miss out on your chance for justice. By calling an experienced attorney today, you are taking step one toward being made whole again.

You have been harmed. Do not compound the injuries by failing to obtain good representation. There is too much at stake when accounting for all the medical bills, lost wages and income, and pain and suffering associated with a personal injury. Picking up the phone could make all the difference to your outcome.