Understanding the Legal Process with a Personal Injury Lawyer in Wilkes-Barre

Related Posts

Drinksgiving: The Dangers of the “Fun” Holidays

Who has the right of way when two drivers approach an intersection at the same time?...
After an injury due to an accident, the process of seeking compensation can be overwhelming. Whether you were hurt in a car accident, slip-and-fall incident, or workplace mishap, understanding how to navigate the personal injury legal process is crucial. An experienced personal injury lawyer in Wilkes-Barre can guide you through each step, helping you achieve a fair outcome. In this blog post, we’ll walk you through the typical steps of the personal injury legal process in Wilkes-Barre, Pennsylvania. From filing your claim to reaching a verdict, understanding these stages will allow you to better prepare for what lies ahead.

1. Initial Consultation with a Personal Injury Lawyer

The first step in any personal injury case is meeting with a lawyer to discuss your situation. This initial consultation is crucial, as it allows you to ask questions, share details about the accident, and learn whether you have a viable case. Personal injury lawyers, like those at Metzger Wickersham (MWKE), often offer free consultations, which means you don’t pay upfront for this critical meeting. During the consultation, your lawyer will ask for details about the accident, the nature of your injuries, medical records, and any insurance information. They will also discuss the legal process, potential outcomes, and how they can assist in securing compensation for your damages. If they determine that your case has merit, they will offer their services to represent you throughout the legal process.

2. Investigation and Gathering Evidence

Once you have hired a personal injury lawyer, they will begin investigating the accident and collecting evidence to support your case. This is a vital step, as the outcome of your case will largely depend on the strength of the evidence. Some of the evidence your lawyer will gather may include:
  • Medical Records: Documenting the extent of your injuries, treatment, and prognosis.
  • Witness Testimonies: Statements from anyone who witnessed the accident or the aftermath.
  • Police Reports: If law enforcement responded to the accident, their report can provide valuable insight.
  • Photos or Video: Photos of the accident scene, vehicle damage, or visible injuries can be crucial evidence.
  • Expert Opinions: Your lawyer may consult with medical or accident reconstruction experts to strengthen your case.
The goal is to establish liability and demonstrate that the other party’s negligence caused the accident, which led to your injuries.

3. Filing the Personal Injury Claim

After gathering evidence, your lawyer will file your personal injury claim with the responsible party’s insurance company. The insurance company will assess your claim and determine whether they will offer a settlement or contest the claim. Filing the claim typically involves submitting documentation detailing your injuries, the circumstances of the accident, and the resulting damages. Your lawyer will ensure that everything is filed correctly and on time. In Pennsylvania, the statute of limitations for filing a personal injury claim is typically two years from the date of the accident, so it is important to start the process as soon as possible.

4. Negotiating a Settlement

In many personal injury cases, the insurance company will offer a settlement. A settlement is a negotiated amount of money that compensates you for your injuries, medical bills, lost wages, and pain and suffering. Your personal injury lawyer will carefully review the settlement offer to ensure it adequately compensates you for your damages. If the offer is too low or doesn’t cover all of your needs, your lawyer will negotiate with the insurance company to get a more reasonable amount. This is where having an experienced personal injury lawyer in Wilkes-Barre can make a significant difference. They know how to effectively negotiate and ensure you don’t settle for less than you deserve.

5. Filing a Lawsuit (If Necessary)

If the insurance company refuses to offer a fair settlement or if your case involves complex legal issues, your lawyer may recommend filing a lawsuit. Taking legal action allows the case to move forward in court. In Wilkes-Barre, personal injury cases are typically filed in the county court. Once the lawsuit is filed, both sides will engage in a process called “discovery,” where they exchange information, documents, and depositions. Discovery allows both parties to prepare for trial by reviewing the evidence and narrowing down the issues.

6. The Trial Process

While many personal injury cases settle before trial, some may proceed to court. During the trial, your personal injury lawyer will present evidence, question witnesses, and argue that the other party’s negligence caused your injuries. The defense will have the opportunity to present their own case and challenge your claims. The jury (or judge, in a bench trial) will then decide on the outcome of the case. If you win, you will be awarded compensation for your damages. However, if the jury sides with the defense, you may not receive any compensation.

7. Post-Trial Motions and Appeals

In some cases, the outcome of the trial may be contested. Either party may file post-trial motions or an appeal if they believe there were errors in the trial or if they disagree with the verdict. Your personal injury lawyer will be able to guide you through this process if necessary.

8. Receiving Compensation

If your case results in a successful settlement or a verdict in your favor, your lawyer will help ensure that you receive the compensation you’re entitled to. The compensation will cover medical expenses, lost wages, pain and suffering, emotional distress, and any other damages related to your injury.

9. Take Action Today

Navigating the personal injury legal process in Wilkes-Barre can be a complex and lengthy journey. However, with the guidance of an experienced personal injury lawyer from Metzger Wickersham (MWKE), you can have peace of mind knowing that your case is in good hands. Whether your case settles out of court or goes to trial, your lawyer will be with you every step of the way, fighting for your rights and securing the compensation you deserve. If you’ve been injured in an accident and need assistance, contact a trusted personal injury lawyer in Wilkes-Barre today. At MWKE, we’re here to support you and help you through the legal process.