If you have been injured in Pennsylvania due to someone else’s negligence or intentional actions, you may be considering filing a personal injury lawsuit. However, the legal process can be confusing and overwhelming, especially if you are unfamiliar with the process. In this blog post, we will go over what you can expect during a Pennsylvania personal injury lawsuit.
Filing the Complaint
The first step in a personal injury lawsuit is filing a complaint with the court. The complaint is a legal document that outlines the details of your case, including the injuries you suffered and who you believe is responsible. The defendant will then have a certain amount of time to respond to the complaint.
Discovery
Discovery is the pre-trial process in which both sides gather evidence and information related to the case. This can include things like witness statements, medical records, and other documents. Depositions, which are interviews conducted under oath, may also take place during this time.
Pre-Trial Motions
Before the trial begins, both sides may file pre-trial motions. These are requests to the court to make certain decisions about the case before the trial starts. For example, a defendant may file a motion to dismiss the case if they believe there is not enough evidence to support the claim.
Settlement Negotiations
During any point in the legal process, the parties involved may decide to settle the case outside of court. This means that the defendant agrees to pay the plaintiff a certain amount of money in exchange for dropping the lawsuit. Settlement negotiations can occur before or during the trial.
Trial
If the case does not settle, it will go to trial. During the trial, both sides will present their case to a jury. Witnesses may be called to testify, and evidence will be presented. The jury will then make a decision about whether the defendant is liable for the plaintiff’s injuries and how much compensation they should receive.
Appeals
If either party is unhappy with the outcome of the trial, they may choose to file an appeal. An appeal is a request to a higher court to review the decision made by the trial court. This can be a lengthy process and may involve additional hearings and arguments.
Judgment and Enforcement
If the plaintiff wins the case and is awarded damages, the defendant is required to pay the amount awarded. However, if the defendant does not pay willingly, the plaintiff may have to enforce the judgment. This can involve garnishing the defendant’s wages or bank accounts or placing a lien on their property.
Statute of Limitations
It is important to note that there is a statute of limitations for filing a personal injury lawsuit in Pennsylvania. This means that there is a time limit for when a plaintiff can file a lawsuit. In Pennsylvania, the statute of limitations for most personal injury cases is two years from the date of the injury. It is crucial to speak with an attorney as soon as possible after an injury to ensure that you meet the deadlines for filing a lawsuit.
Contingency Fees
Many personal injury attorneys work on a contingency fee basis, meaning that they only get paid if you win your case. The fee is typically a percentage of the amount awarded in the settlement or judgment. This can make it easier for injured individuals to afford legal representation.
A personal injury lawsuit can be a complex and lengthy process. However, with the help of an experienced attorney, you can navigate the legal system and get the compensation you deserve for your injuries. If you have been injured due to someone else’s negligence or intentional actions, it is important to speak with an attorney as soon as possible to protect your legal rights and ensure that you meet the deadlines for filing a lawsuit.
Gibson & Perkins, PC is a law firm that has experience in handling personal injury cases in Pennsylvania. Our attorneys can help you understand what to expect during a Pennsylvania personal injury lawsuit and guide you through the legal process. Here are some ways we can assist you:
- Legal Guidance: Our attorneys can explain the legal process to you in simple terms and help you understand your legal rights and options.
- Investigation: We can investigate the details of your case, gather evidence, and speak with witnesses to build a strong case on your behalf.
- Negotiation: We can negotiate with the defendant and their insurance company to try to reach a fair settlement before trial.
- Litigation: If your case goes to trial, our attorneys can represent you in court and advocate for your interests.
- Contingency Fee Basis: Our firm works on a contingency fee basis, which means that you don’t pay us any legal fees unless we win your case.
At Gibson & Perkins, PC, our attorneys have decades of experience representing clients in personal injury cases. We are committed to helping our clients obtain the compensation they deserve for their injuries, whether through settlement negotiations or in court. If you have been injured in Pennsylvania and need legal assistance, contact us to schedule a free consultation to discuss your case.