If you\u2019ve recently suffered injuries in an accident that wasn\u2019t your fault, you may be wondering; how does a personal injury lawsuit work?<\/p>\n\n\n\n
According to the National Safety Council (NSC), there were over 63 million preventable nonfatal injuries<\/a> across the United States in 2022. This means around 1 in 5 Americans sought medical attention for some type of injury over the course of the year.<\/p>\n\n\n\n Of course, many preventable injuries are minor, and many are the fault of the injured party alone. However, if you\u2019ve suffered significant harm because of someone else\u2018s negligence, you may be able to secure compensation through a personal injury lawsuit.<\/p>\n\n\n\n Here, we explain personal injury lawsuit steps in more detail, and explain what you need to do if you\u2019re in this situation.<\/p>\n\n\n\n You\u2019ve suffered an injury because of an accident that wasn\u2019t your fault. You\u2019re facing mounting medical bills, a period of time out of work, and other accident-related costs. What\u2019s next?<\/p>\n\n\n\n The first (and arguably most important) step in the process is to consult with an experienced personal injury lawyer<\/a>. While it\u2019s technically possible to pursue a personal injury action by yourself, it\u2019s almost never a good idea for a non-lawyer to do so. Even qualified attorneys generally entrust their personal injury cases to other lawyers.<\/p>\n\n\n\n Our firm offers free initial consultations<\/a> with no strings attached, so there\u2019s no risk for you in visiting us and learning whether you have a viable case on your hands. <\/p>\n\n\n\n You may not need to jump straight into a personal injury lawsuit. If you\u2019ve been injured in a car accident<\/a> or at work, there may be an easier way for you to secure the compensation you need. We discuss alternatives to personal injury lawsuits in more detail later in the article.<\/p>\n\n\n\n If you do decide to pursue a personal injury lawsuit, your attorney will start the process by preparing an official complaint and filing it in the relevant court. This document will outline the important details of your claim, including a description of the accident that led to it, the damages you\u2019ve incurred, and the compensation you\u2019re seeking. Crucially, it should also highlight the role of the defendant in causing the incident and explain why they should be held responsible for it.<\/p>\n\n\n\n After submitting this document to the court, you\u2019ll need to notify the defendant of the proceedings against them with an official summons. Your attorney will be able to draft and deliver this on your behalf.<\/p>\n\n\n\n Once you\u2019ve filed your lawsuit, the discovery process can begin. During this phase, both parties to the dispute get the opportunity to request documents, photos, medical records, and other forms of evidence to support their cases.<\/p>\n\n\n\n Depositions (out-of-court sessions during which witnesses and parties answer questions under oath) are common during discovery. Both sides may also send interrogatories, which are written questions that the other party must answer.<\/p>\n\n\n\n The discovery process can take several months, depending on the complexity of the case. Courts may enforce deadlines to ensure that discovery progresses efficiently, but disputes over evidence can lead to motions for additional rulings on what information must be disclosed.<\/p>\n\n\n\n Pre-trial negotiations occur after discovery and aim to resolve the case before going to trial. The majority of personal injury disputes reach a conclusion during this stage, as this avoids the uncertainty and expense of a trial.<\/p>\n\n\n\n Negotiations typically involve both sides presenting their evaluation of the case, backed by the evidence gathered in discovery. The injured party may offer a settlement demand, and the defense may respond with a counteroffer. This phase often includes back-and-forth discussions, with each side adjusting its position based on the strengths and weaknesses of their cases.<\/p>\n\n\n\n If negotiations fail, the case moves forward to court.<\/p>\n\n\n\n Personal injury trials involve the presentation of all the evidence, witness testimony, and closing arguments from both sides. The judge instructs the jury on legal standards for deciding the case, and the jury deliberates and returns a verdict. The jury will determine whether the defendant is liable and, if so, the amount of damages to be awarded. Trials can last anywhere from a few days to several weeks, depending on the complexity of the case and the number of witnesses involved.<\/p>\n\n\n\n There are three main types of damages that may be available in a personal injury case. We\u2019ve covered them in detail here.<\/p>\n\n\n\n Economic damages (also known as special damages) cover the financial costs associated with your injury. The most significant economic damages in personal injury cases are typically:<\/p>\n\n\n\n Noneconomic damages compensate you for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. The extent of these damages will be based on factors like the severity of your injury, its impact on your daily life, and whether it causes ongoing physical or emotional hardship.<\/p>\n\n\n\n Noneconomic damages are, for obvious reasons, more difficult to quantify than economic damages. It\u2019s much easier to put a price on six months of lost wages than six months of physical pain related to an injury. However, noneconomic damages are often worth a lot more than economic damages, which is one reason why it\u2019s important to work with a lawyer with a strong track record of delivering big settlements.<\/p>\n\n\n\n Unlike economic and noneconomic damages, punitive damages<\/a> are not meant to compensate you but to punish the defendant and deter similar actions by others in future. Punitive damages are relatively rare; they\u2019re reserved for cases involving gross negligence or intentionally harmful behavior. They might be available in, say, the case of a drunk driving accident where the defendant was heavily intoxicated and had a history of prior DUI offenses.<\/p>\n\n\n\n Personal injury lawsuits can be lengthy and stressful. If there are more straightforward potential paths to securing compensation, you should explore them.<\/p>\n\n\n\n If the other party to your accident is reasonable and amenable to reaching a compromise with you, you may be able to agree a settlement without officially filing a lawsuit.<\/p>\n\n\n\n If you do decide to go down this road, you should still enlist the services of an attorney to assist with negotiations. You\u2019ll need expert input to ensure you seek an amount of compensation that will cover all your costs, and you\u2019ll also want an experienced negotiator on your side in case any disputes arise about costs or liability. If you do this alone, you\u2019ll run the risk of getting short-changed. <\/p>\n\n\n\n You should also note that there will be no discovery process in your case if you choose to settle it this way. This means you could miss the opportunity to collect vital evidence that might prove your case or increase your compensation entitlements.<\/p>\n\n\n\n If you\u2019ve been hurt in a car accident, you may be able to rely on an insurance claim to cover your costs.<\/p>\n\n\n\n Pennsylvania is a choice no-fault state<\/a> when it comes to car accident claims. If you have no-fault coverage, you\u2019ll be able to file a claim with your own insurer, regardless of who was at fault for your accident.<\/p>\n\n\n\n However, if you don\u2019t have no-fault insurance, or if your damages exceed the limits of your no-fault coverage, you may need to file a lawsuit to recover all the damages you\u2019ve incurred.<\/p>\n\n\n\nHow Does a Personal Injury Lawsuit Work?<\/h2>\n\n\n\n
First Steps<\/h3>\n\n\n\n
Discovery<\/h3>\n\n\n\n
Pre-Trial Negotiations<\/h3>\n\n\n\n
Going to Court<\/h3>\n\n\n\n
The Different Types of Damages in a Personal Injury Case<\/h2>\n\n\n\n
Economic Damages<\/h3>\n\n\n\n
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Noneconomic Damages<\/h3>\n\n\n\n
Punitive Damages<\/h3>\n\n\n\n
Alternatives to Personal Injury Lawsuits<\/h2>\n\n\n\n
Negotiation<\/h3>\n\n\n\n
Motor Vehicle Insurance<\/h3>\n\n\n\n
Workers\u2019 Compensation<\/h3>\n\n\n\n