Being injured because of another party’s negligence might leave you with expensive medical bills and other financial losses. Should this happen to you, you may be able to file a lawsuit against the party responsible for your damages in Luzerne County.
Claims for personal injury are all born from an accident. Accidents that can entitle victims to file such lawsuits include motor vehicle crashes, slip and falls, and construction accidents, as well as many others. After you are injured, contact our lawyers so that we can start gathering evidence. Once we feel confident in your case, we will file your personal injury lawsuit. This must be done within two years of your accident in Luzerne County. Settlement discussions might follow in some cases. Generally, going to trial is preferable over settling, as it may allow victims to recover greater damages, such as compensation for pain and suffering. After your trial concludes, you will receive the damages awarded to you, whether through a lump sum payment or structured payments.
To discuss your case for free with The Reiff Law Firm, call our Luzerne County personal injury lawyers now at (215) 709-6940.
The Stages of a Personal Injury Claim in Luzerne County
Most personal injury cases follow the same general outline. First, the accident occurs. Then, evidence will be gathered and a claim will be filed. While negotiations typically follow, they may not be successful depending on the case. Then, a trial may take place. Finally, victims can recover compensatory damages in Luzerne County.
Accident Occurs
All claims for personal injury begin with an accident taking place. Because personal injury encompasses a variety of accidents, do not assume that you cannot file a claim because of the specifics of your incident. Personal injury lawsuits can be brought for slip and falls, car accidents, bike accidents, pedestrian accidents, construction accidents, premises liability accidents, defective product accidents, and many more incidents. Our personal injury lawyers can assess the specifics of your accident and confirm whether or not another party’s negligence was to blame for your injuries in Luzerne County.
Evidence is Gathered
Then, we will begin gathering evidence of fault. Because the specifics of injury claims can vary, different evidence might be available from case to case. That said, medical evidence should always be available, as victims should go to the hospital and get medical attention for their injuries, regardless of how minor they might appear to be. In addition to gathering your medical records, our lawyers will also look for surveillance footage, eyewitness statements, photographs, and physical evidence from the accident scene. In Luzerne County and throughout Pennsylvania, conclusions or opinions made in police reports are admissible evidence in court. Because of this, it is important that victims alert the police following an accident such as a car accident. If you did not call the law enforcement, inform the negligent party responsible for your injuries. Such correspondence can be used as evidence in your personal injury claim.
Claim is Filed
The next step is to file your lawsuit. In your initial complaint, you will name the defendant and explain the circumstances of your accident. You will also cite the compensation you are seeking. Personal injury lawsuits must be filed by a specific deadline. In Luzerne County, the statute of limitations for such claims is two years from the date an accident occurred. In some instances, the state of limitations can be tolled for delayed discovery. However, if your injuries were apparent following an accident, the clock will not be paused and you will only have two years to sue. If you do not bring your personal injury claim by the proper deadline, you will be barred from recovery in Luzerne County.
Negotiations
After a claim is filed, a defendant might want to engage in negotiations. While our attorneys do not advise victims to settle in most circumstances, speaking with a negligent party and hearing their settlement offers might be beneficial. Generally, settlements do not properly compensate victims for their financial and non-financial losses. It could be that you can claim greater damages if you go to court. That said, all cases are different and some victims might require compensation more immediately. In such instances, entertaining negotiations might be helpful. Sometimes, a judge will require alternative dispute resolutions to be explored before a trial occurs. However, if negotiations are not progressing and you are not being given fair offers, we will proceed with a trial.
Trial
Trials vary in length in Luzerne County. Both sides will present their evidence to be heard by a judge or jury. Although trials can be understandably daunting to victims, they can often lead to the recovery of greater damages. For example, trials present the opportunity for the recovery of non-economic damages and, in some cases, punitive damages. If your case goes to trial, you must prove that it is more likely than not that the defendant caused your injuries in Luzerne County.
Recovery of Damages
Finally, once a trial is complete, victims can recover the compensatory damages awarded to them in a personal injury case. You will either receive your compensation via a lump sum or structured settlement. A lump sum settlement will result in one payment of all the damages you are entitled to. Whether or not you receive a lump sum payment will depend on the defendant’s financial ability. Structured settlements are more common in Luzerne County. With structured settlements, victims will receive portions of their awarded compensation over time. This typically involves monthly payments from defendants. While lump sum payments can seem ideal initially, structured settlements might allow victims to more easily manage the compensatory damages they receive and ensure those funds go toward losses caused by an accident.
Call Our Luzerne County Attorneys About Your Personal Injury Case
Our personal injury lawyers can assess your case for free when you call The Reiff Law Firm at (215) 709-6940.
