There is no easy answer for how long a personal injury lawsuit takes to settle in Pennsylvania. The time required to resolve your claim will be contingent upon the specific details and circumstances of your case.
The average time from injury to settlement in Pennsylvania is approximately one and a half years. The vast majority of personal injury cases are resolved out of court, which means that litigation is not necessary in the majority of cases.
Each accident requires a period of time for both investigation and evidence collection, in addition to recovery for injured parties. Several weeks, months, or even years may pass during the settlement phase following an accident, depending on the circumstances surrounding the incident. Although this may be discouraging to learn, obtaining equitable compensation for damages often requires diligent and strategic negotiations involving your attorney, insurance companies, and opposing counsel.
While every case is different, most follow a similar process from start to finish, which is outlined below. If you have any questions or would like to speak with a PA personal injury lawyer today, feel free to contact us. An attorney at Brandon J. Broderick would love to help you.
STEP 1: Months 1-2: Following an Accident and Being Injured, Medical Treatment Starts and Victim Retains a PA Personal Injury Attorney
In most cases, you will notice an injury right away when an accident happens. It is important in specific accidents, such as a car accident, that you seek medical attention even if you have no visible injuries. There may be internal injuries that will need to be treated and could be the basis for your personal injury claim. After you are treated, it is very important that you contact an experienced PA personal injury attorney who can protect your rights and assess the strength of your legal claim.
STEP 2: Months 6-12: Continue With Medical Treatment Until Recovery or Maximum Medical Improvement is Reached
It is important that you begin treatment as soon as you notice your injury. This is a very important step for two reasons. First, receiving good medical treatment will help you recover from your injuries. Second, your attorney cannot show proof of the injuries that you have suffered unless your medical records document the treatment that you have received after the accident. In most cases, by the time 6 to 12 months have passed since the accident, you will have completed treatment. In more severe injury cases, recovery could take an additional 4 to 6 months or possibly longer.
STEP 3: Months 12-15: Gather all Documentation Related to Your Accident and Injury Including Medical Records, Bills, and any Lien Amounts
Upon the completion of your medical treatment, your attorney will begin the evidence collection procedure. It is critical that you maintain detailed records of all expenses incurred in connection with your injury. It is essential that your attorney acquire duplicates of your medical records, medical bills, and any pertinent information regarding liens that may be relevant to your case. In order to retrieve your medical records, your attorney will initiate communication with all physician's offices where you have received treatment. Your attorney must await the doctor's office's submission of all necessary documents, a process that may take several months. Each of the bills and records will be utilized by your attorney to build your case and calculate the total amount of damages. Failure to provide all required documentation may result in your attorney lacking the necessary evidence to prove the full extent of your damages.
STEP 4: Months 12-16: Your Attorney Will Draft and Send a Demand Letter and Begin to Negotiate a Settlement
At this stage in the personal injury timeline, your attorney will draft a "Demand Letter" addressed to the insurance company of the defendant. The letter requests that the insurance company provide an offer of settlement. Regarding settlement negotiations, the insurance company representative will examine the evidence and communicate with your attorney. Your attorney will typically request a very high dollar amount, while the insurance company will initially propose a very low amount. Your attorney will subsequently communicate with you regarding the offer and provide guidance on how to respond most effectively. Following this negotiation process, settlement agreements are reached in the majority of cases.
In the absence of a settlement agreement, it is probable that your case will proceed to litigation. This indicates that the court system will hear your case. Your attorney will advise you on the court proceedings should this occur. Notably, in Pennsylvania, a statute of limitations mandates that, in many cases, lawsuits must be filed within two years. If you were injured in an accident, it is therefore critical that you consult with an experienced Pennsylvania personal injury attorney.
STEP 5: Months 14-20: Complete Settlement Documents, Settle All Outstanding Bills, and Close the Case
By accepting the settlement offer put forth by the insurance company, you will be supplied with a settlement agreement and release. Your signature on said document will serve as final acknowledgment of the case's resolution. The settlement amount will be transferred to your attorney via a trust account. Your attorney will assist you in negotiating and resolving any unpaid bills and liens. Following the settlement and payment of all bills, liens, attorney's costs, and fees with the settlement funds, the remaining balance will be paid directly to you by your attorney.
Brandon J. Broderick Can Assist You With Your PA Personal Injury Lawsuit Today
Every day, accidents that result in severe injuries occur unexpectedly. When they do occur, they have the potential to abruptly disrupt an individual's life and negatively affect their finances and health. The manner in which the case is handled following the accident will determine the amount of compensation that you are awarded. If someone else's negligence has caused you harm, you are entitled to seek compensation for your losses. You are not required to negotiate with insurance companies or the legal counsel of another party on your own; we are here for you.
Our Pennsylvania personal injury attorneys at Brandon J. Broderick, Attorney at Law, prioritize delivering outstanding client care and demonstrate compassion for our clients' challenging circumstances. We continue to be one of the leading personal injury law firms in Pennsylvania for this reason. You can count on us, especially given our extensive track record of success. Our legal professionals possess extensive professional experience advocating for clients in many types of personal injury cases. We have helped many people, just like you.
For a free consultation to discuss the specifics of your case and assist you in regaining control of your life, please contact us today.