What Is the Claims Process with a Harrisburg Personal Injury Lawyer?
Suffering an injury due to an accident can be a life-changing event. Whether it’s a car crash, a slip and fall, or an accident at work, the physical, emotional, and financial impact can be overwhelming. If you’ve been injured in Harrisburg, Pennsylvania, understanding how the personal injury claims process works is essential for securing the compensation you deserve. A Harrisburg personal injury lawyer can help you navigate the complexities of the legal system and guide you through every step of the process.
In this blog, we’ll walk you through the personal injury claims process in Harrisburg and explain how a skilled attorney from Metzger Wickersham (MWKE) can advocate for your rights, ensuring that you get a fair outcome.
Step 1: Seek Medical Attention
The first and most important step after any injury is to seek medical attention. Your health and well-being should always come first. Even if you don’t feel immediate pain or symptoms, it’s crucial to get checked by a doctor. Many injuries, especially those related to car accidents or slip-and-falls, may not show symptoms right away. Medical documentation of your injuries is vital, as it will serve as evidence in your personal injury claim. In some cases, insurance companies may argue that you weren’t truly injured if you didn’t seek medical attention immediately. This could hurt your claim. So, even if your injury seems minor, it’s always smart to get a professional opinion.Step 2: Report the Incident
Once you’ve received medical attention, the next step is to report the incident to the relevant authorities. If you were involved in a car accident, for example, you should file a police report with local authorities. This report will be important in establishing fault and providing an official account of what happened. If the injury occurred at work, notify your employer and file a report according to company policy. In a slip-and-fall case, you’ll want to report the accident to the property owner or manager. Document everything with as much detail as possible, including the location, time, and circumstances surrounding the injury.Step 3: Contact a Harrisburg Personal Injury Lawyer
The next step in the claims process is to contact an experienced Harrisburg personal injury lawyer. Having an attorney on your side is crucial for protecting your rights and ensuring that you don’t make any mistakes that could hurt your case. A personal injury lawyer will help you:- Understand your legal rights
- Assess the strength of your case
- Handle communications with insurance companies
- Ensure all deadlines are met
Step 4: Investigation and Gathering Evidence
Once you’ve hired a lawyer, the next step is to investigate the accident. Your lawyer will collect evidence, including:- Medical records: To prove the extent of your injuries and the cost of treatment.
- Witness statements: Eyewitness accounts can help verify the details of the accident.
- Photos and video footage: Any pictures or video footage of the scene can strengthen your case.
- Expert testimony: Sometimes, an expert such as an accident reconstructionist or medical expert is needed to clarify complicated aspects of the case.
Step 5: Filing a Claim with the Insurance Company
After gathering the evidence, your Harrisburg personal injury lawyer will file a claim with the responsible party’s insurance company. In Pennsylvania, drivers are required to carry auto insurance, and businesses are generally required to carry liability insurance to cover injuries that occur on their property. If your claim is against your own insurance (e.g., in the case of uninsured motorist coverage), your attorney will also help navigate that process. At this stage, the insurance company will review the evidence, and you may receive an initial settlement offer. Be cautious—insurance companies often try to offer a low settlement in order to close the case quickly. They may also delay your claim or dispute the severity of your injuries. This is where having an experienced personal injury lawyer is crucial. Your lawyer will negotiate on your behalf, ensuring that you receive fair compensation for medical bills, lost wages, pain and suffering, and any other damages. If the insurance company’s offer is insufficient, your lawyer may decide to move forward with a lawsuit.Step 6: Filing a Lawsuit (If Necessary)
If negotiations with the insurance company don’t result in a fair settlement, your lawyer may advise filing a lawsuit. In Pennsylvania, the statute of limitations for filing a personal injury lawsuit is generally two years from the date of the accident. It’s important to act within this time frame to ensure that your case is heard in court. Once a lawsuit is filed, the case will proceed through the legal system. Your lawyer will represent you during pre-trial motions, settlement conferences, and, if necessary, the trial itself. The trial process involves presenting evidence to a judge or jury, who will then determine the outcome of your case.Step 7: Settlement or Trial
Most personal injury claims are settled before they reach trial. Your attorney will continue negotiating with the other party’s insurance company to reach a fair settlement. However, if a settlement cannot be reached, your case will go to trial, and a judge or jury will make a final decision. At Metzger Wickersham, we are fully prepared to go to trial if necessary. We have a long track record of success in the courtroom and will fight tirelessly to secure the compensation you deserve.Step 8: Receiving Compensation
If your case results in a favorable settlement or verdict, you will receive compensation for your injuries. This may include:- Medical expenses: Both past and future costs related to your injuries.
- Lost wages: Compensation for the income you lost while you were unable to work.
- Pain and suffering: Compensation for the physical and emotional toll the injury has taken on you.
- Property damage: If applicable, compensation for damage to your property (e.g., your car in a car accident).