A personal injury claim is a legal process that allows individuals who have suffered injuries due to someone else’s negligence, misconduct or fault to seek compensation from the responsible party. Personal injury claims often arise from accidents such as slip and falls, car accidents, medical malpractice, and product liability.
If you’ve been injured in an accident, it’s important to understand the process for filing a personal injury claim in Pennsylvania. Here are the key steps to follow:
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Seek Medical Attention
The first step after an accident should always be seeking medical attention. Even if you think you’re not seriously injured, it’s important to get a medical evaluation to ensure there are no hidden injuries. Additionally, medical records from your doctor can be used as evidence in your personal injury claim.
Gather Evidence
Gathering evidence is crucial to supporting your personal injury claim. Evidence can include eyewitness accounts, photos of the accident scene, and anything that can prove the other party’s fault, such as a faulty product or a vehicle with faulty brakes. Be sure to gather as much evidence as possible.
Hire An Experienced Personal Injury Attorney
The next step is to hire a personal injury attorney who has experience handling cases similar to yours. An attorney will guide you through the process, gather and present evidence, represent you in court, and help you negotiate with insurance companies. It’s important to choose an attorney who is knowledgeable about Pennsylvania state laws and has a track record of success in personal injury cases.
File A Personal Injury Claim
Your attorney will file a personal injury claim on your behalf. In Pennsylvania, the statute of limitations for personal injury claims is two years from the date of the accident. This means that you must file your claim within two years of the accident, or you may lose your right to seek compensation.
Pre-Trial Negotiations
Before your case goes to trial, there may be pre-trial negotiations with the other party or their insurance company. Your attorney will present evidence to the other party’s legal team and try to negotiate a settlement that is fair and reasonable. If the other party’s legal team refuses to negotiate or a fair settlement cannot be reached, your case will proceed to trial.
Attend Trial
If your case proceeds to trial, you and your attorney will attend court and present your case to a judge or jury. The other party’s legal team will also present their case. The judge or jury will make a decision on fault and if the other party was at fault they will also determine the amount of compensation you are entitled to.
Collect Compensation
If you win your case, the responsible party will be required to pay you compensation. This can include compensation for medical bills, lost wages, pain and suffering, and other damages. Your attorney can help ensure you receive the compensation you’re entitled to. Otherwise, you can enforce the court’s judgment through wage garnishment or other means.
Conclusion
Filing a personal injury claim can be stressful and time-consuming, but it’s worth it to get the compensation you deserve for your injuries. By following the steps outlined above and working with an experienced personal injury attorney, you can increase your chances of a successful outcome. Remember to act quickly, gather evidence, and seek medical attention as soon as possible after your accident.