The Stages Of A P.I. Case, Part 3: Settlement & Filing The Lawsuit

For 113 years, Powell Law has assisted those who have suffered personal injuries by helping them assert their rights to fair and just compensation. Our decades of experience make us the clear choice for representation in personal injury and medical malpractice cases in the Scranton/Wilkes-Barre and surrounding areas. We effectively help our clients throughout the entire lifespan of a personal injury case.

The process of filing a lawsuit with a claim for damages based on personal injuries is not as easy and straightforward as most people would want. The is process is often long, stressful, and exhausting. Part two of this article about the stages of a personal injury case will address those stages which occur from the filing of a personal injury lawsuit to trial. The following are typically the stages that occur after a victim begins the process of seeking compensation for her losses after suffering some type of personal injury and incurring damages consisting of, but not limited to, medical expenses and lost wages:

1. A settlement demand is made. There are demands related to a personal injury that may be agreed to in a settlement preventing the case from reaching court. Once the claim is investigated, its chance of success is estimated and in conjunction with any settlement offer, a counter-offer or initial offer may be presented.

Whether a particular settlement is acceptable depends on the circumstances of the case. It may be good for some, but not others. An attorney will sufficiently analyze the facts of the case and use the threat of litigation as an advantage, which is another invaluable aspect of having the representation of an attorney in a personal injury case.

Any claim will be asserted with the defendant’s insurance company before the filing of a lawsuit. A claims adjuster will investigate the case and negotiate a settlement. When no insurance company is involved, an attorney can send a demand letter to the at-fault party requesting payment of damages for any injuries caused. This demand letter will assert the theory of the liability, the injuries based on the medical evidence, and the amount of compensation. There may be one or more counter-offers, the merits of which an attorney will evaluate and consider on behalf of his client, the victim or potential plaintiff.

2. A lawsuit is filed to assert a claim. Pennsylvania’s statute of limitations must be considered whenever a lawsuit is contemplated in the future. If this period passes. A plaintiff may be prohibited from ever bringing suit to recover compensation for damages. If the parties are unable to settle the case, there is no other alternative but to move forward and file a lawsuit in civil court.
3. The Discovery process begins. Once an adversary proceeding is initiated, the discovery process begins. “Discovery” is a pre-trial procedure in which both the plaintiff and the defendant, governed by the law of civil procedure in Pennsylvania, may obtain evidence from other parties by discovery devices such as a request for answers to interrogatories, request for production of documents, request for admissions and depositions. Discovery may be obtained from non-parties using subpoenas. When a discovery request is objected to or ignored, the requesting party may request the court’s assistance by moving to compel discovery. As the parties move closer to trial, the parties may continue to negotiate a settlement.

Properly litigating a personal injury case to ensure our clients complete and total recovery of losses is always the first priority of the experienced personal injury and medical malpractice attorneys at Powell Law. If you require legal counsel and assistance in litigating a claim for damages resulting from a personal injury, contact Powell Law. We are experienced in fighting insurance companies to assert the rights of our clients. Contact Powell Law at (570) 961-0777. The consultation is FREE!