The prospect of filing a lawsuit and going to court can be intimidating, especially while you are still dealing with the effects of a serious physical injury. Enforcing your right to pursue civil recovery can be key to protecting your best interests after being hurt by someone else’s negligence.
No two personal injury cases are exactly alike, and the path your specific case takes may not exactly resemble the path of someone else’s case. Broadly speaking, here are the steps in a personal injury lawsuit that you should expect to go through after retaining an experienced lawyer, which should be the first step you take.
As quickly as possible after a personal injury occurs, you should begin investigating how your accident happened and collecting evidence you can use to prove a specific person or group of people was directly to blame for causing it. This can involve actions like returning to the accident scene and taking photos or videos, interviewing witnesses who saw the accident occur, tracking down video footage that captured the accident happening, and getting copies of police accident reports and your own medical records.
Many personal injury cases end with out-of-court settlements rather than verdicts passed down by a civil judge or jury. Once a personal injury attorney finishes constructing a case, they will try to pursue a private settlement agreement first rather than immediately filing suit. Depending on the state and circumstances, there may be certain requirements to meet during this step, such as mandatory mediation sessions with a third-party mediator.
It is only possible to effectively negotiate for a settlement when you retain the ability to file suit if a fair settlement is not offered. Different states have different procedures for this stage, which your legal counsel can explain in more detail. It is generally best to take action sooner rather than later since each state also has a filing deadline set by a statute of limitations. Generally, there is a two year statute of limitations for personal injury cases in Pennsylvania.
After you officially file suit over a personal injury, there will generally be several rounds of pre-trial motions and hearings, a discovery process during which both sides will exchange evidence they intend to present, and potentially further court-ordered settlement negotiations. At trial, each side will have the opportunity to present an opening statement and evidence, cross-examine evidence presented by the opposing side, and make a closing statement.
It is possible to appeal an unfavorable verdict in civil court as a final step in the personal injury lawsuit process, but this is something that you will need to discuss on a case-by-case basis with trustworthy legal representation. Call today to schedule a consultation and learn more about your legal options.