The Timeline of a Personal Injury Case From Start to Settlement

Have you recently experienced an accident or injury due to another person’s carelessness or oversight? If so, you may be entitled to compensation. However, please note that compensation will not be available immediately, as a personal injury case can take several months or longer to resolve. Even so, understanding the timeline of a personal injury case is essential in evaluating whether your case is progressing as expected. At Fanelli, Evans, & Patel, our Cumberland County personal injury attorneys provide an overview of a personal injury case timeline to help you understand your options.

Initial Consultation with a Personal Injury Lawyer

Following an accident or injury, your first call should be to a personal injury attorney. During your initial consultation, the attorney will discuss the details of your case and evaluate whether you have a valid personal injury claim. At this time, the attorney may discuss potential legal strategies to prove the other party’s liability. You may even discuss your initial medical bills. If possible, bring any itemized bills to your appointment.

Gathering Evidence and Building Your Case

If the personal injury attorney agrees to take on your case, the next step will be gathering relevant evidence. This process is time-intensive, requiring that any video surveillance or photos of the accident scene be obtained, that a copy of the police report (for auto accidents) be requested, and that medical records from any healthcare providers be obtained. If you have been unable to work or have had to work a reduced schedule, you should also provide proof of lost wages. This will include an employer income verification letter, recent pay stubs, and W-2s. If there were any eyewitnesses to your accident, their statements will be taken at this time.

Filing Your Claim

Your personal injury attorney will prepare a claims package to submit to the insurance company. The claims package will include documentation of your losses, a police report (if applicable), the declaration page of your insurance policy, and a demand letter, among other items. The demand letter will outline the facts of your accident, the damages (losses) you are seeking, and a deadline by which the insurance company must respond before you take further action.

Insurance companies must notify you in writing if your claim has been accepted or denied within 15 days of receiving your proof of loss. However, they do have up to 30 days to investigate your claim. If they need more time, you must be informed of the status of your claim every 45 days thereafter, along with the reason for the additional time required to investigate. Unfortunately, these regulations apply only to first-party claims (where you are the policyholder); third-party claims have less strict deadlines. Regardless, you will want to work with legal counsel to ensure that the insurance company is not taking advantage of you.

Negotiations

Insurance negotiations can take anywhere from a few months to almost a year. If the insurance company is willing to offer you a fair settlement, then your case may be resolved at this point. If the insurer repeatedly offers you low settlements, then you may need to take your case to court. In Pennsylvania, you only have two years to file a personal injury lawsuit, so you only have a short window to decide your next steps.

Court Process

If you do decide to take your case to court, the following process will apply:

Filing the Complaint & Serving the Defendant

To initiate a legal claim, you must file a complaint (a legal document that begins the case) with the court. Once this is done, you must notify the defendant of the lawsuit, a process known as service of process. The defendant will have 20 days to file an answer to the complaint. An answer is a response to each of your allegations, either admitting or denying each of them.

Discovery

During this phase, both parties formally exchange information relevant to the case. Discovery may involve interrogatories, depositions, requests for production, or requests for admission. Below, we discuss the differences between each:

• Interrogatories involve sending written questions to the other party, in which a witness must answer under oath.
• Depositions involve questioning a witness out of court, which is recorded by a court reporter. Just like in court, the witness is under oath.
• Requests for production involve formal requests for the adverse party to produce documentation or electronically stored information.
• Requests for admission involve sending written statements to the opposing party, having them accept or deny certain facts. This helps narrow down the issues in the case.

Once this information is shared, each party will have a clearer picture of the strengths and weaknesses of their case. Many personal injury cases are settled once discovery is completed. If both sides cannot reach an agreement, your case will proceed.

Pre-Trial Motions and Pre-Trial Conference

Each side may make pre-trial motions, asking a judge to rule on certain issues before trial. If the judge grants summary judgment, the case will be resolved. If not, then the case may still be resolved during a pre-trial conference. In Pennsylvania, the pre-trial conference is mandatory and must be scheduled at least 30 days before trial. During the pre-trial conference, the judge, the parties, and their respective attorneys will meet to discuss the case details and logistics, including the trial exhibits and the evidence each side will present. The pre-trial conference is the final opportunity for both sides to settle before trial. If no compromise is reached, your case will proceed to court.

Trial

If your case involves a jury, jurors will be empaneled before the trial begins. During the trial, each party will present evidence and call on witnesses to testify under oath. Counsel for each party will make opening statements (discussing what evidence will be presented) and closing arguments (summarizing evidence and discussing why a judge or jury should find in their favor). If you had a jury trial, the jury would deliberate, and you would be called back into court once the jury reached a verdict. If you had a bench trial, the judge would deliver the verdict.

Final Settlement

If you decide to decline an insurance offer and proceed to court, a Cumberland County personal injury lawyer will work to make sure that evidence is presented compellingly. Once the trial concludes, one party may be more inclined to settle if their case did not go as well as planned. Each side has the opportunity to settle until a judge or jury renders a verdict. Of course, your personal injury lawyer will advise you on whether you should settle or wait for the verdict.

Contact a Cumberland County Personal Injury Attorney Today

If you or a family member has experienced a personal injury, help is only a phone call (or a click) away. The Cumberland County personal injury lawyers at Fanelli, Evans, & Patel are dedicated to helping personal injury victims recover maximum compensation for their losses. We take a personal interest in each case, seeing it through to the final settlement. We are prepared to advocate for your rights, whether that means negotiating with insurance or litigating your case in court. To learn more about our process, contact us online or call today to schedule your free consultation.