What are the Stages of a Personal Injury Case?
Posted on August 6th, 2021
After being injured in an accident, you might not know what to do next. If the accident was caused by someone else’s negligence or carelessness, working with a personal injury lawyer could be the best thing for you. Of course, many people don’t have experience working with lawyers and might be worried about taking legal action. At Kalinoski Law Offices P.C., we’ll help you through this process and ensure you have the support you need.
If you’re considering filing a personal injury claim, you might be wondering what happens during the process. While every case is different, here’s what you can expect from the personal injury claim process.
Consultation with a Lawyer
First, you’ll need to have an initial consultation with a lawyer. Here’s when they first try to see if you have a valid personal injury claim. If you aren’t sure whether or not you need a lawyer for your situation, it’s best that you consult with one just to be sure. During this time, the lawyer will look for the details of your situation and determine if they can take you on as a client.
Demands are Made
Before actually filing a lawsuit, personal injury lawyers may make demands first. In a demand letter, a lawyer requests that the other party make up for the damages their client faced. In doing so, both parties can avoid entering a lawsuit. Who receives a demand letter can vary. For example, it may be an individual, insurance company, or even an employer. All cases vary, so not everyone will have their demands accepted at this stage. Some may reach a settlement this early on in the process, but others will need to continue to receive compensation.
File Court Papers
A lawsuit begins once you’ve filed a complaint to the court. The complaint you file will contain an overview of your situation. This will explain who you are, how you were injured, and the damages you experienced due to your injuries.
If you’re filing a personal injury claim in Pennsylvania, you need to be aware of the state’s statute of limitations. In Pennsylvania, you have two years after the date of your injury to file a personal injury claim. This is why it’s important not to put off getting legal help. Properly filling out different legal documents can be a challenge, and you don’t want to make a mistake that can end up hurting your chances of receiving compensation. Working with an experienced personal injury lawyer can help ensure that your paperwork is correct and filled on time.
The discovery period is an extremely important part of any personal injury case. Information found during this time can have a huge effect on the outcome of a case. The discovery period gives both parties an opportunity to review the evidence involved in the case. This can include requesting that one party provide the other with evidence they have and interrogations. Depositions may also occur during this stage of the process, where testimonies occur. The information obtained by both sides during the discovery period can have a large impact on the outcome.
After the discovery period, a settlement will ideally be reached between the two parties. Your personal injury lawyer will determine what an appropriate amount of compensation for the damages you’ve faced are. Some of the damages you may receive compensation for include your medical bills, lost wages, and pain and suffering.
Trial, if Necessary
It’s important to note that most personal injury cases settle out of court and don’t require a trial. However, there are some instances where a trial might be necessary to help the client receive the amount of compensation they deserve. Trials can be lengthy and add additional stress to the situation, which is why many hope to avoid this. However, if this is necessary to receive compensation, a personal injury attorney may decide that this route is worth it to help their client get justice.
Start the Personal Injury Claim Process Today
While every personal injury case is unique, they can all benefit from the help of an experienced lawyer. The personal injury lawsuit claim is complicated and requires someone with the right experience, knowledge, and skills to help you get through it successfully. At Kalinoski Law Offices P.C., you can work with a personal injury lawyer in Scranton, PA, who is committed to helping you reach a positive outcome.
You deserve to be compensated for the damages an accident caused for you, and Attorney Craig Kalinoski can help you get it. Contact us today to receive a free consultation.
Category: Personal Injury
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Craig P. Kalinoski is a respected attorney serving clients in Scranton, Pennsylvania. With a focus on Family Law, Criminal Defense, and Civil Rights, he has established himself as a top-rated legal professional. Recognized as a Rising Star and admired by peers, Craig's commitment to excellence sets him apart in the legal field.