If you’ve recently suffered injuries in an accident that wasn’t your fault, you may be wondering; how does a personal injury lawsuit work?

According to the National Safety Council (NSC), there were over 63 million preventable nonfatal injuries across the United States in 2022. This means around 1 in 5 Americans sought medical attention for some type of injury over the course of the year.

Of course, many preventable injuries are minor, and many are the fault of the injured party alone. However, if you’ve suffered significant harm because of someone else‘s negligence, you may be able to secure compensation through a personal injury lawsuit.

Here, we explain personal injury lawsuit steps in more detail, and explain what you need to do if you’re in this situation.

How Does a Personal Injury Lawsuit Work?

You’ve suffered an injury because of an accident that wasn’t your fault. You’re facing mounting medical bills, a period of time out of work, and other accident-related costs. What’s next?

The first (and arguably most important) step in the process is to consult with an experienced personal injury lawyer. While it’s technically possible to pursue a personal injury action by yourself, it’s almost never a good idea for a non-lawyer to do so. Even qualified attorneys generally entrust their personal injury cases to other lawyers.

Our firm offers free initial consultations with no strings attached, so there’s no risk for you in visiting us and learning whether you have a viable case on your hands. 

You may not need to jump straight into a personal injury lawsuit. If you’ve been injured in a car accident or at work, there may be an easier way for you to secure the compensation you need. We discuss alternatives to personal injury lawsuits in more detail later in the article.

First Steps

If you do decide to pursue a personal injury lawsuit, your attorney will start the process by preparing an official complaint and filing it in the relevant court. This document will outline the important details of your claim, including a description of the accident that led to it, the damages you’ve incurred, and the compensation you’re seeking. Crucially, it should also highlight the role of the defendant in causing the incident and explain why they should be held responsible for it.

After submitting this document to the court, you’ll need to notify the defendant of the proceedings against them with an official summons. Your attorney will be able to draft and deliver this on your behalf.

Discovery

Once you’ve filed your lawsuit, the discovery process can begin. During this phase, both parties to the dispute get the opportunity to request documents, photos, medical records, and other forms of evidence to support their cases.

Depositions (out-of-court sessions during which witnesses and parties answer questions under oath) are common during discovery. Both sides may also send interrogatories, which are written questions that the other party must answer.

The discovery process can take several months, depending on the complexity of the case.  Courts may enforce deadlines to ensure that discovery progresses efficiently, but disputes over evidence can lead to motions for additional rulings on what information must be disclosed.

Pre-Trial Negotiations

Pre-trial negotiations occur after discovery and aim to resolve the case before going to trial. The majority of personal injury disputes reach a conclusion during this stage, as this avoids the uncertainty and expense of a trial.

Negotiations typically involve both sides presenting their evaluation of the case, backed by the evidence gathered in discovery. The injured party may offer a settlement demand, and the defense may respond with a counteroffer. This phase often includes back-and-forth discussions, with each side adjusting its position based on the strengths and weaknesses of their cases.

If negotiations fail, the case moves forward to court.

Going to Court

Personal injury trials involve the presentation of all the evidence, witness testimony, and closing arguments from both sides. The judge instructs the jury on legal standards for deciding the case, and the jury deliberates and returns a verdict. The jury will determine whether the defendant is liable and, if so, the amount of damages to be awarded. Trials can last anywhere from a few days to several weeks, depending on the complexity of the case and the number of witnesses involved.

The Different Types of Damages in a Personal Injury Case

There are three main types of damages that may be available in a personal injury case. We’ve covered them in detail here.

Economic Damages

Economic damages (also known as special damages) cover the financial costs associated with your injury. The most significant economic damages in personal injury cases are typically:

  • Medical bills: These can include emergency room visits, ambulance services, prescription costs, tests (such as X-rays and MRIs), surgeries, and ongoing care requirements (such as physiotherapy and mental health counseling).
  • Lost earnings: This should account for all the wages and benefits you’ve already missed out on because of your injuries, as well as any future reduction in your earning capacity. Existing losses are relatively easy to quantify; however, accurately estimating the money you’re going to miss out on going forward is much more complicated. We generally get help from occupational and rehabilitation experts to get a solid idea of this in each case. This allows us to negotiate from a strong position on your behalf.  
  • Property damage: This is often a crucial factor in car and truck accident cases involving high-end vehicles. If you have an expensive car written off in a crash, the replacement costs might run into a six-figure sum.

Noneconomic Damages

Noneconomic damages compensate you for intangible losses, such as pain and suffering, emotional distress, and loss of enjoyment of life. The extent of these damages will be based on factors like the severity of your injury, its impact on your daily life, and whether it causes ongoing physical or emotional hardship.

Noneconomic damages are, for obvious reasons, more difficult to quantify than economic damages. It’s much easier to put a price on six months of lost wages than six months of physical pain related to an injury. However, noneconomic damages are often worth a lot more than economic damages, which is one reason why it’s important to work with a lawyer with a strong track record of delivering big settlements.

Punitive Damages

Unlike economic and noneconomic damages, punitive damages are not meant to compensate you but to punish the defendant and deter similar actions by others in future. Punitive damages are relatively rare; they’re reserved for cases involving gross negligence or intentionally harmful behavior. They might be available in, say, the case of a drunk driving accident where the defendant was heavily intoxicated and had a history of prior DUI offenses.

Alternatives to Personal Injury Lawsuits

Personal injury lawsuits can be lengthy and stressful. If there are more straightforward potential paths to securing compensation, you should explore them.

Negotiation

If the other party to your accident is reasonable and amenable to reaching a compromise with you, you may be able to agree a settlement without officially filing a lawsuit.

If you do decide to go down this road, you should still enlist the services of an attorney to assist with negotiations. You’ll need expert input to ensure you seek an amount of compensation that will cover all your costs, and you’ll also want an experienced negotiator on your side in case any disputes arise about costs or liability. If you do this alone, you’ll run the risk of getting short-changed.  

You should also note that there will be no discovery process in your case if you choose to settle it this way. This means you could miss the opportunity to collect vital evidence that might prove your case or increase your compensation entitlements.

Motor Vehicle Insurance

If you’ve been hurt in a car accident, you may be able to rely on an insurance claim to cover your costs.

Pennsylvania is a choice no-fault state when it comes to car accident claims. If you have no-fault coverage, you’ll be able to file a claim with your own insurer, regardless of who was at fault for your accident.

However, if you don’t have no-fault insurance, or if your damages exceed the limits of your no-fault coverage, you may need to file a lawsuit to recover all the damages you’ve incurred.

Workers’ Compensation

If you’ve been injured at work, you should be entitled to workers’ compensation. This state-mandated insurance program provides wage replacement and medical cost coverage to those who suffer work-related injuries, regardless of who was at fault for their accident.

It’s important to note, however, that acceptance of workers’ compensation generally makes you ineligible to file a lawsuit against your employer in relation to your workplace accident. Additionally, workers’ compensation doesn’t provide noneconomic or punitive damages.

Proving Negligence

Most personal injury cases require the plaintiff to prove negligence on the part of the defendant. The main exception to this occurs where the defendant is sued for intentionally harming the plaintiff (such as in a case involving assault).

There are four essential elements to a finding of negligence in a personal injury case.

  • Duty of care: You must first show that the defendant owed you a duty of care. For example, drivers have a duty to follow traffic laws and operate their vehicles safely to prevent accidents.
  • Breach of duty: Next, you must demonstrate that the defendant breached their duty of care. In the context of a road accident, for example, this breach might involve reckless behavior like speeding or texting while driving.
  • Causation: After proving a breach, you must link that breach to your injury. In other words, you must show that the defendant’s actions were the direct cause of the harm you suffered. This is often called “but-for” causation, meaning that but for the defendant’s negligence, you would not have been injured.
  • Damages: Finally, you must show that you suffered actual damages as a result of the defendant’s actions. Damages can be physical, such as a broken bone or medical expenses, or financial, like lost wages. Without proving that you sustained harm, there is no basis for a personal injury claim, even if negligence occurred.

Frequently Asked Questions (FAQs)

How can I estimate the value of my personal injury claim? Valuing a personal injury claim is a complex process, particularly when it comes to more serious accidents. In order to get even a reasonably accurate estimate of the likely total of your medical bills, lost earnings, incidental costs, and noneconomic and punitive damages, you’ll likely need to consult with a personal injury attorney.

What if I share some fault in the accident—can I still recover damages? Yes, Pennsylvania follows a comparative negligence rule, which means you can still recover damages if you are less than 51% at fault. However, your compensation will be reduced based on your percentage of fault.

How does my lawyer get paid in a personal injury lawsuit? Our attorneys work on a contingency-fee basis; we don’t earn a dime unless we secure a settlement or verdict for you. When you do get a payout, we take a percentage of it as our fee.

Will I need to appear in court during the process? Probably not. Most personal injury cases are settled out of court. However, if your case proceeds to trial, your lawyer may advise you to appear in court and give testimony.

Can I still file a personal injury lawsuit if my injury appeared months after the accident? Yes. Per Pennsylvania’s statute of limitations for personal injury cases (42 Pa. Cons. Stat. § 5524), you have two years from the date of an incident to file an action in relation to it. However, the sooner you start proceedings, the better your chances of a positive outcome will be, so you shouldn’t delay just because you’re not near the filing deadline.

How can pre-existing medical conditions affect my personal injury claim? Pre-existing conditions don't automatically disqualify you from compensation, but the defendant may argue that your injuries were caused by the prior condition. You will need to show that the accident either worsened your pre-existing injury or caused a new, unrelated injury.

How does the legal process differ if I’m filing a claim against a government entity? Filing a personal injury claim against a government entity involves stricter rules and shorter time frames. In Pennsylvania, you must provide written notice of your intent to file a claim within six months of the injury, and the types of damages you can recover are more limited.

Choose a Lawyer Who Knows Personal Injury Inside Out

As you can see, the personal injury lawsuit process is anything but simple. No two cases are the same; the necessary approach will vary significantly on the basis of the type of accident you’ve had, the severity of your injuries, and the other party’s willingness to negotiate productively with you.

So, you need to work with an attorney who’ll know what to do in every situation.

Contact the Cochran Firm in Philadelphia today to schedule a free initial case consultation. We’ll examine all the evidence related to your dispute and recommend the best course of action for you. You can reach us over the phone at 800-969-4400 or by filling out our online contact form.