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A personal injury claim is the legal action taken against the party responsible for an injury. Cases like this arise from car accidents, slip and fall cases, defective products, medical negligence, etc. If you are a victim of any of the preceding, you can file a personal injury claim and get compensation from the at-fault party.
But how do you file a personal injury claim, and what steps are involved? This article has the answers you need and also discusses the time frame for commencing a personal injury action. If you or your loved one wants to take legal action against the party responsible for your harm, our personal injury lawyers at The Cochran Firm in Philadelphia can help.
Call us at 800-969-4400 to book a free case review.
We have the experience and knowledge to handle most of your legal needs.
If you decide to file an injury claim, you will deal with insurance companies only interested in safeguarding their interests. As a result, you might get less compensation than your claim is worth or have your settlement request denied outright. This is where we come in.
Our Pennsylvania personal injury lawyers know all insurance companies’ tactics to deny claims or pay out less. We also have the skills and knowledge of personal injury laws, which we bring to the negotiation table. So, with us, you get an experienced team and personalized legal representation.
We always prioritize our client’s needs and work tirelessly to get them favorable results. Learn how we can help you get maximum compensation by booking a free consultation. Contact us today using 800-969-4400.
After an injury event, an injured person who is not responsible for the occurrence can file a compensation claim. However, you can’t just approach the at-fault party and demand to receive a settlement. There are things you must do to ensure that the at-fault party’s insurance provider or attorney does not throw out your case, and to maximize your compensation.
Personal injury cases are civil actions decided on a preponderance of the evidence. Each party’s evidence is placed on an imaginary scale and the side that tilts higher wins. Therefore, the first step when filing a personal injury claim is gathering all the necessary evidence.
The proof needed in a personal injury claim depends on the type of case. For example, medical records and expert opinion are essential evidence in a medical malpractice claim. But in a traffic collision, you need images of the damaged car, estimated costs of repairs, tire tread marks, etc.
Our personal injury attorneys in Pennsylvania know the evidence needed for these claims and will help you gather them. Also, document the date, location, nature, and severity of the injury, and get the name and contact of the at-fault party and witnesses.
You don’t have to worry about paying medical bills if someone else’s action caused your injury. Our lawyers can help you get medical care with a lien while fighting to get you compensation.
Ordinarily, you should get medical attention after an injury event, as your treatment record is a crucial piece of evidence. However, if you haven’t done so and have contacted a law office or started the claims process, you should get checked by a medical professional. Without medical proof of your injuries and treatment, you cannot seek damages from the at-fault party.
Once you have evidence and have received medical treatment, contact an attorney specializing in personal injury claims. Having legal representation is better than handling the claim yourself, and it improves your chances of getting maximum compensation.
Below is a step-by-step guide on how to file a personal injury claim in Pennsylvania.
First, you or your lawyer will write a demand letter or complaint stating:
Depending on the case facts, you can add other information in the demand letter.
Once the at-fault party gets the demand letter, they will forward it to their lawyer or insurance company. Then the at-fault party’s lawyer or insurer will respond, stating whether they accept or reject the claim. If it’s the former, they will either agree with the compensation asked for or send a counteroffer.
The counteroffer by the at-fault party’s insurer begins the negotiation process. Usually, they start at a lowball amount, hoping you will accept it. Thankfully, our lawyers are used to such tactics and will only settle for what is fair.
If there is an agreement between your lawyers and the at-fault party’s insurer, they will document the terms. Then you and the at-fault party’s insurer will sign it. Once you sign the settlement agreement, the claim process ends, and you cannot reopen it. However, if your attorneys and the at-fault party’s insurer do not settle, your attorney will file a personal injury lawsuit.
Under Pennsylvania law, an injured person has two years to file a personal injury claim. The date starts counting from when the injury event happened. However, if you suffered a delayed wound, the time starts counting from when you realized you sustained an injury due to the accident.
It is not uncommon for injury victims seeking compensation to have questions about the claims process. Here are some frequently asked questions.
Can I File a Personal Injury Claim?
Yes. Pennsylvania law allows you to file a personal injury claim if you are the victim of another person’s or organization’s negligent actions.
How Much Is My Personal Injury Claim Worth?
There is no definite amount as each case is decided on its merits. However, when asking for compensation we consider the severity of the injury, its impact on your daily life, and whether you shared fault.
How Long Do I Have to File a Personal Injury Claim in Pennsylvania?
You have two years to commence a personal injury claim. If the time elapses, you will be statute-barred from filing an action.
What Compensation Can I Receive in a Personal Injury Case?
You are entitled to economic and non-economic damages. The two cover medical bills, lost wages, pain and suffering, emotional distress, etc.
If you or a loved one suffered injuries due to another person’s negligence, you deserve compensation, and we can help. Our personal injury lawyers at The Cochran Firm will advise you, gather evidence, protect your rights, and fight for maximum compensation. Dial 800-969-4400 to schedule a no-obligation consultation.
