An injury caused by another’s negligence can result in lost income, medical bills, and emotional distress. During this time, you may be wondering how long it will take to receive your settlement check. A personal injury lawsuit in Harrisburg, PA, goes through various stages, with settlement negotiations always pursued first before taking a case to court. Although this process can be prolonged, our Harrisburg personal injury lawyers are not afraid to explore which avenues will yield the best results.
Our Harrisburg personal injury attorneys at Shollenberger Januzzi & Wolfe, LLP, have walked beside many clients as they pursue injury claims. Let us assist you as you fight for the compensation you deserve.
Schedule a Free Consultation
The initial consultation provides you with the opportunity to meet with a personal injury lawyer and review the facts of your case. Insurance companies are inclined to pressure you into a settlement before you meet with an attorney, but hold off on signing anything until you meet with a personal injury attorney. Our personal injury team will assess your case to determine its worth and brainstorm legal strategies to help you secure maximum compensation.
Independent Investigation
After your initial consultation, our team of legal professionals will conduct a thorough investigation into your matter. In a personal injury case, this typically involves gathering documents, witness statements, police reports (car accident cases), and photographs or video footage. This evidence allows us to recreate your accident or personal injury to establish liability.
Additionally, we will gather evidence of your damages or losses. This will include your medical bills, pre-accident and post-accident pay stubs (to calculate lost earnings), and property damage repairs. The damage calculation will be part of your demand letter delivered to the insurance company.
Submit a Demand Letter
After our legal team conducts an independent investigation, we will submit a demand letter to the insurance company, which provides the following details:
- Date/time/location of the incident
- Why the policyholder is liable (including supporting documentation)
- Your damages, or accident-related losses
- The type of relief being requested
- The deadline by which the insurance company must respond
- Consequences of failing to respond by the deadline
Settlement Negotiations
After the insurer receives your demand letter, they may request additional documentation or information. Under Pennsylvania law, insurers have only 30 days to complete an investigation after receiving notice of a claim. If an investigation cannot be completed within that time, the insurer must provide the claimant with a written explanation for the delay and an estimate of when a decision will likely be rendered.
Insurers often count on personal injury victims being desperate for financial relief, offering low settlements to minimize payouts. Our Harrisburg personal injury lawyers rarely advise clients to take a first settlement offer. Instead, our legal team will respond with a counteroffer that reflects your accident-related costs.
Litigation
If an adequate settlement is not reached, our legal team will recommend that you proceed to trial. The Commonwealth only permits injured parties two years from the date of injury to pursue litigation. Litigation involves many stages, including discovery, pre-trial motions, and pre-trial conference.
Discovery
The formal exchange of information between opposing parties is known as discovery. While there are no hard deadlines, the discovery process typically takes three to six months in Pennsylvania, although more complex cases may take longer. Discovery involves different evidence-gathering procedures, governed by Chapter 4000 of the Pennsylvania Rules of Civil Procedure (Pa.R.Civ.P.).
Pre-Trial Motions
Leading up to trial, either side may file pre-trial motions. A motion requests that the court take a specific type of action. For instance, a motion to compel would request that the opposing party respond to a discovery request. If granted, a judge can order a non-compliant party to produce the requested information. A judge will rule on each request separately.
Pre-Trial Conference
A pre-trial conference is the last opportunity for both parties to attempt to reach a compromise. Both parties, their attorneys, and the judge will be present. If a settlement cannot be reached, your case will proceed to trial. Although the pre-trial conference may be scheduled at any time, Pennsylvania law requires it to be held at least 30 days before trial.
Trial
Your attorney will take part in selecting jury members in a process known as voir dire. At trial, your attorney will call on witnesses and present evidence. A personal injury lawyer will conduct direct examinations (questioning witnesses on your side) as well as cross-examinations (questioning witnesses connected with the opposing party). After all the evidence has been heard, the jury will deliberate and issue a verdict. If the jury rules in your favor, you will be awarded damages.
Appeals Process
If the verdict is in favor of the adverse party, you have 30 days from the entry of the order to appeal. Although objecting during trial partially preserves your right to appeal, Pa.R.Civ.P. 227.1 (c) also requires you to file a post-trial motion within 10 days following the verdict. Possible outcomes from an appeal include affirming the verdict, reversing, or remanding your case to the lower court for a new trial. Our Harrisburg personal injury lawyers will assess whether or not grounds for appeal exist.
Reach Out to Our Harrisburg Personal Injury Attorneys
A personal injury can result in physical, emotional, and financial damages. If you are finding it challenging to pay your hospital bills, rehab costs, and other expenses, contact our legal team. To discuss potential avenues to compensation, contact Shollenberger Januzzi & Wolfe, LLP. Our office can be reached online or by calling (717) 229-6580. We offer free consultations.