Life can change in a second. Imagine you are going about your day, and then, someone’s bad decisions cause your life to be put upside down. Suddenly, you are dealing with pain, doctor’s appointments, stress, and a pile of bills without knowing what to do next.
To file a personal injury lawsuit in Pennsylvania, you must first seek immediate medical treatment, gather evidence, document everything related to the accident and injury, contact an attorney, notify your insurance company, issue a demand letter, then file a complaint with the Superior Court.
One very important thing to keep in mind is that time matters. Pennsylvania law has very strict rules about how much time you have to file a claim. If you wait too long, you risk your chances to get compensation. Don’t put it off—learn more about the Pennsylvania personal injury statute of limitations here.
Step 1: Seek Immediate Medical Attention
The first thing you should do is seek medical attention right away. But this concern goes beyond your well-being; seeing a doctor immediately will also help support your personal injury claim. Your medical records will be the proof that your injuries were caused by the accident.
Delaying medical attention and possible treatment could not only risk your health, but it would also give the insurance company the chance to argue that your injuries aren’t serious or weren’t caused by the accident at all, ruining your case.
So, to protect your health and build a solid case, seek medical attention as soon as possible, remembering to keep each document, bill, and any other document you receive, as it will be important later.
Step 2: Document Everything Related to the Accident or Injury
After making sure you’re safe, try to gather as much evidence as you can. Document every detail of what happened right away, before anything is moved or changed. The more information you collect, the stronger your case will be if you later decide to file a personal injury claim.
Here is a list of the things to look at:
- Take Photos and Videos: If you can, take pictures of everything. Any injury you may have, the scene of the accident, if you were in a car crash then photos of how your car looks, any damage, even the road itself. If you fell somewhere, snap a picture of what made you fall. Those pictures can be powerful evidence to support your injury claim.
- Get Witness Information: If there was someone there that could’ve seen what happened, try to get their name and contact information since they can tell the whole story later, and this is a very relevant piece of evidence.
- Save All Medical Records and Bills: As we said, the first step should be to seek medical attention. When you do, keep track of every doctor’s visit, every test, bill, prescription, and your diagnosis. Get your medical records so you can prove the injuries that the accident caused you, as well as the economic load it was.
- Obtain Official Reports: If law enforcement or emergency responders had to be involved in the scene, they would’ve had to create an official report, which you can ask for. This is an impartial document stating what they had to do for you and will mostly serve as a detailed and factual stamp of the incident that carries weight in claims.
- Track Missed Work and Lost Wages: One of the biggest consequences of an injury, and maybe not so obvious, is causing you to miss out on your work. The days you couldn’t work, the projects you couldn’t finish, the overtime you missed. Those are real losses, and they matter. Keep a journal; write down the dates, the hours, and the amounts. This will be relevant when calculating the amount of money you’ll receive from your lawsuit.
All of these might seem very overwhelming, but these are the crucial key factors that will make the big difference in your case. You have to understand you don’t have to do it alone. A good personal injury lawyer could guide you, help you gather everything, organize it, and make sure you don’t miss a thing.
Step 3: Contact an Experienced Pennsylvania Personal Injury Attorney
After the accident, you might still be stressed and hurting; this is the time that should be all about your health and getting better. Instead, you are trying to make sense of all the paperwork and legal stuff surrounding your accident. You don’t have to do that. The smartest thing to do could be asking for help from an expert, a top rated personal injury lawyer trained in cases like yours.
A lawyer can explain your rights, evaluate your case and how strong it is, and take off your shoulders all the weight of the legal aspects of it.
Once you have a good lawyer by your side, they can gather all the information and evidence to start building your case for you. That usually includes:
- Collecting all the documents: Lawyers know everything you’ll need for your case. They will collect all the documents, organize them for you, and won’t let you miss anything. This normally means medical records, bills, evidence, statements from any witness, and some more, establishing what happened and how you ended up injured.
- Picking photos and videos: If you were able to snap photos and videos of the scene of the accident or if there’s any type of footage of the event, a lawyer could get it and use it to prove what exactly happened, what injuries you had, and if your property was damaged. This is a very strong piece of evidence.
- Finding experts if needed: Sometimes, they might even bring in experts, like doctors or people who know how accidents happen, to explain things better and support your side of the story, clearing things up.
- Talking with the insurance company: Insurance companies are tough. They tend to put an adjuster to represent their case, and they will try to downplay your injuries or shift the blame, or even try to offer a quick lower settlement that might not cover all you need. An even tougher lawyer will negotiate on your behalf to make sure you’re not pressured into accepting less than you deserve.
Having an attorney handling all of this means you’ll have some room to breathe, focusing on getting better and taking care of yourself while they take care of the rest. They’ll know what they’re doing and will fight for you and the compensation you deserve while you rest and get better.
Step 4: Notify Your Insurance Company
Once you are sure your health is covered and you’re all checked up, the next important phase, and maybe the least appealing, is to tell your insurance what just happened. You’ll have to get in touch with an agent, keeping it simple. Just say when and where it happened.
You don’t need to get into who’s to blame or describe every little detail. It’s also a good idea to skip giving a recorded statement, as this could come back to hurt you down the road.
If the other driver’s insurance company reaches out to you, it’s perfectly okay to let them know you’ll be working with your own insurance company and refer them to them instead. This will help you keep full control of the path your case follows and ensure you don’t say anything that could later be used against your claim.
After you make your report, they’ll send someone called an adjuster to evaluate the damage, who will take pictures, see the damage, talk to people that saw what happened, and make a complete analysis of the situation. Then, they’ll tell you how much they’re willing to pay for repairs.
They’ll give you a first offer, which sometimes may be too low for you and won’t cover everything you’re asking for. This is a common move from them, but you don’t have to accept it right away. You can talk to them and try to get something better. If that doesn’t work and what they’re offering you is still not right, you can talk to a lawyer to help you negotiate.
Step 5: Send a Formal Demand Letter
Later, when your lawyer is all done with your case, they will send a demand letter, which is really a formal way of saying to the people at fault, or their insurance, that there’s an issue to discuss. The importance of this letter is that it will describe in detail the accident and what you’re asking for as compensation.
These letters normally include:
- A detailed summary of the accident and how it happened.
- The injuries you had and any treatment you had done.
- Any amount of money you’ve lost due to the accident, like medical bills and salary
- The full amount you’re asking as compensation to cover those costs.
The idea of this letter is to start a conversation and maybe find a settlement without having to go to court. A way of introducing your case and letting them know you are serious about it. But sometimes, this isn’t enough. They might offer very little, or they might not offer anything at all. When that happens, it might be time to take legal action.
Step 6: File a Complaint with The Superior Court
Now, you’ve collected all your stories, your photos, and doctor’s notes—everything that tells what happened to you. It’s time to create the official document with all of that: a legal complaint. This document will be the base of your case, explaining all the details of the accident, the injuries you had, and the compensation you’re looking for.
It is very important that this complaint is perfectly done; it has to be written very carefully and follow every legal requirement. This is where having a lawyer who knows Pennsylvania law inside and out really helps. They’ll know the best way of creating this document to make sure it is well done. If not, it could end up hurting your case.
Then, the other part, the defendant, has to be informed; they have to know that you’ve filed this complaint. This has to be done since it is a legal requirement, and it has to be done correctly so they have a chance to respond. In case you do not, your claim could take longer or even be dismissed.
After that, there’s a period called “discovery.” This is where the parties share the information they both have, answer any questions, give sworn statements, and show each other documents, making sure everything is completely clear. Sometimes, this is when people start talking about settling, about finding a way to resolve things without going to court.
Settling is often the best option; it’s a lot easier and quicker and avoids not knowing what will happen. Your lawyer will help you figure out if a settlement offer is fair and if it truly covers what you’ve been through.
If both parties can’t agree, that’s when you go to court. In this step, both sides present their stories and evidence and make their arguments. With all of that, the judge or jury decides whose fault it was and what compensation is given. Your lawyer will be there, guiding you, making sure your voice is heard.
Knowledgeable Pennsylvania Car Accident Lawyers
At Wilk Law Personal Injury & Car Accident Lawyers, we understand what you’re going through. We have worked on enough cases like yours to understand that it is not just a legal procedure, but your life on the balance, your pain and worries.
We’re here to walk with you, guide you through the process, and fight for the compensation you are owed for everything you’re going through. We’ll handle the legal issues so you can focus on healing and getting your life back.
If you or someone you love has had a personal injury after an accident, know that you don’t have to suffer alone. Our legal team is here to help you. Contact Wilk Law Personal Injury & Car Accident Lawyers for a free consultation and start your path to recovery at the hands of the best.