Timeline of a Pennsylvania Personal Injury Case: What to Expect from Start to Finish
Every personal injury case in Pennsylvania is different, and the timeline can vary based on the specific facts and circumstances involved. Still, many cases tend to move through common stages. Understanding this general timeline, and speaking with a personal injury lawyer, can help you pursue compensation for your injuries.
How long does a Pennsylvania personal injury case take?
One of the most common questions people have about personal injury cases in Pennsylvania is: “How long does a lawsuit take?”
The answer: it depends. Many personal injury lawsuits in Pennsylvania resolve within roughly 18 to 24 months, although timelines vary significantly depending on the facts of the case, the court’s schedule, and whether the case settles or proceeds to trial.
What is the timeline of a Pennsylvania personal injury case?
Phase 1 – Month 1 to 3: Sustaining injuries, starting medical treatment, hiring a lawyer
The personal injury timeline in Pennsylvania involves several phases. The first consists of the following:
- Being injured in an accident
- Undergoing necessary medical treatment
- Hiring a personal injury lawyer
For example, if you’re injured in a car accident and you see a doctor right away, you might learn that you have injuries due to the crash. These injuries might lead to you:
- Taking several months off from work due to the severity of the injury you sustained
- Losing money you would normally receive due to being forced to take time off from work
- Undergoing medical treatment and incurring several expensive medical bills
- Experiencing long-term depression or persistent physical pain
During this early stage, many victims choose to retain a personal injury lawyer to help them file a lawsuit. In Pennsylvania, most personal injury lawsuits must be filed within two years of the date of injury, with limited exceptions.
Phase 2 – Months 4 to 9: Undergo medical treatment until recovery
The second phase of a personal injury timeline in Pennsylvania often involves continued medical treatment until recovery. Ongoing treatment is essential for your health, but it also plays an important role in your claim. Medical records and provider testimony are typically essential to proving injury and damages in a personal injury case.
Phase 3 – Months 10 to 12: Gather necessary evidence
The third phase of a personal injury timeline in Pennsylvania generally involves gathering evidence to support your claim for compensation. The evidence you and your lawyer might gather includes:
- Medical records
- Medical bills
- Treatment plans
- Work pay stubs
- A symptom journal
This list is not exhaustive, but each item can be used as evidence to support your claims.
Phase 4 – Months 12 to 16: Negotiate the settlement
The fourth phase of a personal injury lawsuit involves negotiating a settlement with the party that is liable for your injury. Your lawyer will, in most cases, send a demand packet that asks for fair compensation, which likely begins the negotiations process.
In the event that you and the other party cannot come to an agreement, the case may need to go to trial.
Phase 5 – Months 17 to 24: Close your personal injury lawsuit
The final phase for a personal injury timeline in Pennsylvania begins when you and the opposing party reach a settlement agreement. After agreeing to settlement terms, you will generally sign a release and the case will be dismissed. In most situations, signing a settlement release prevents you from pursuing the same claim again.
To conclude your personal injury lawsuit, your lawyer reviews how the settlement funds are allocated, including fees, costs, and any outstanding liens. After signing the necessary documents, remaining funds will be disbursed to you.
Factors that may speed up or delay a Pennsylvania personal injury case
Any prediction of how long a personal injury case will take in Pennsylvania is just a best guess. There are so many factors that can influence the timeline that it’s impossible to say with any certainty. Some issues that may impact the amount of time it takes to complete your personal injury claim include:
- The severity and permanence of your injuries: More serious injuries might lead to longer timelines, especially as defendants are likely to fight aggressively if large sums of money are at stake.
- Length of medical treatment and maximum medical improvement (MMI): It’s challenging to estimate your future medical costs if you haven’t yet reached MMI. The longer it takes, the more drawn out the case may become. You don’t want to rush to a settlement just to realize your injuries are going to require much more treatment than initially thought because you can’t renegotiate your award once it’s final.
- Whether liability is disputed: If the injury stems from a car crash, for instance, and the other party is refusing to admit liability, this may extend the timeline.
- Number of parties and insurance carriers involved: If there are multiple parties that may share liability, for instance, multiple drivers in a chain reaction crash, that might make for a more complicated, longer process.
- Court backlog and county-specific scheduling differences in Pennsylvania: You can’t control the court’s schedule, so their backlog could make the case take more time to resolve.
- Whether expert witnesses are required: The more moving pieces and schedules to accommodate, the more time your case may require to reach a satisfactory resolution.
- Settlement willingness vs. trial posture: The opposition may try to settle the claim quickly. Unfortunately, that offer may be, and often is, unreasonably low. You might need to approach the case with a willingness to go to trial in order to put pressure on them to make an offer that’s worth accepting. While it’s uncommon for cases to go to trial, it’s sometimes the only way to get fair results.
What should you do to obtain the best possible personal injury settlement?
To obtain the best possible personal injury settlement, you may want to do the following:
- See a doctor as soon as possible
- Complete all necessary medical treatment
- Contact a lawyer as soon as you can
- Create a symptom journal that summarizes your day-to-day symptoms
- Retain all evidence associated with your injury
- Take frequent photos and videos of visible symptoms
Consult with a Pennsylvania personal injury lawyer today
Our personal injury team has helped many clients pursue fair compensation for their injuries. Contact us today. KBG Injury Law is ready to help you.
The personal injury attorneys at KBG Injury Law are all experienced litigators. Almost all of them represented insurance companies prior to becoming advocates for injured people, which provides them with a unique perspective and insight into how these companies operate. They also offer extensive courtroom experience if going to trial is the best legal alternative for the client.
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