Personal Injury Claims Process in Pennsylvania

The specific process for personal injury claims varies from state to state. The general steps of the process, however, remain similar for most types of personal injury claims in Pennsylvania and elsewhere. What's also important are the deadlines and time limits associated with the process, and missing a deadline could significantly harm the personal injury claim.

At Pasquale E Bianculli Esquire PC, our personal injury attorney in New Jersey knows the process and files timely claims. Call us today at 215-620-7828 or fill out an online form to schedule your Free Consultation.

Overview of Personal Injury Claims Process

The process of a personal injury claim depends on multiple factors, like the injury, the location, and victim, and the at-fault party. The general process, however, can be summarized as the following seven steps.

Initial consultation, where the victim meets with an attorney to discuss the claim.
Investigation, where the facts and circumstances are investigated, collected, and analyzed.
Treatment, where the victim gets and continues with medical treatment or a care plan.
Demand package, where a personal injury claim or demand letter is sent to the at-fault party.
Negotiations, where the parties negotiate the terms and amount of compensation.
Settlement, where the parties agree to a settlement.
Litigation, where settlement fails and trial ensues.

Initial Steps Following an Accident or Injury in Pennsylvania

Following an accident or injury, it is crucial to seek immediate medical attention to treat any injuries. Medical treatment is important for the injured person's well-being, but a failure to seek treatment could also be viewed as a sign that the injuries were not serious.

Additionally, an injured person should consult a personal injury attorney as soon as possible following an injury. This allows the attorney to start the investigation early, request the required records, and review any insurance policies. A personal injury lawyer will know the required factual circumstances to establish liability and the records needed to secure compensation in a settlement or at trial.

Protect Your Rights

Why it's important to retain a Personal Injury Lawyer immediately after your accident!

HERE ARE THE REASONS WHY!

ACCIDENT SCENE INVESTIGATION. It is critical for your case to conduct a thorough investigation of an accident scene promptly before the scene changes. The preparation and proving of your personal injury lawsuit begins immediately after the accident injury which is why the firm's Accident Injury Response System “AIRS” is rapidly implemented.

“The One Call To Do it All!” is about convenience. When injured on a construction on other accident injury site, immediately notify your immediate supervisor and then make The One Call To Do It All by contacting Pasquale E Bianculli at 215-356-8033 to launch AIRS. This is critical as the gathering of evidence for a potential lawsuit requires rapid response and the comprehensive and exhaustive investigation system that “AIRS” provides. My law firm and “AIRS” will handle every aspect of your injury claim. We will investigate your accident to gather evidence and identify responsible parties. We will track your damages and calculate the value of your claim. Most importantly, we will offer you compassionate legal advice at every stage of your claim.

To adequately meet the needs of our personal injury clients, a comprehensive system “AIRS” was established to provide support throughout the entire legal process. This can be accomplished through multiple steps, including:

1. Initial consultation: The client should be provided with a comprehensive consultation with an experienced personal injury attorney. This initial consultation can provide the client with an overview of the legal process, information on available options, and the potential outcomes of the case.

2. Personalized representation: It is crucial that the attorney provides personalized representation for the client. This involves conducting thorough client interviews, gathering all of the necessary facts and supporting documentation related to the case, and presenting a customized strategy for handling the negotiations, communication with insurance providers, and litigation if necessary.

3. Case management: Managing a personal injury case involves bringing in a team of trained professionals to handle and evaluate all of the details involved in the legal process. This entails obtaining all of the medical records and accident reports, filing necessary paperwork to establish a claim and manage billing, and conducting any essential investigations.

4. Ethical representation: Choosing ethical representation is vital to your client's case's success. Honesty, trust, and good communication with your client are the cornerstone of any reputable law firm.

5. Communication and updates: Keeping the client informed about the progress of the case is essential to ensuring that they feel supported during what can be a complex and challenging time. Once engaged, provide them with regular updates to make sure they feel in control and informed about the progress of the case.

6. Final resolution: Providing support throughout the entire process, including final resolution, includes ensuring that the client has received the maximum amount of compensation available, and all possible medical treatments have been covered. When a settlement is reached, ensure the final agreement anticipates future related conditions and provide a safety net for your client as they move through their recovery.

Having such a comprehensive system in place like the Accident Injury Response System “AIRS” ensures that the needs and rights of the client are at the core of every decision and action taken throughout the legal process. By communicating regularly, providing personalized legal representation, managing the case and filing all the necessary paperwork, and providing emotional support, a competent personal injury law office can provide the professional assistance and guidance needed for a successful outcome.

WE'LL WORK TIRELESSLY TO GET FAIR COMPENSATION FOR YOUR INJURIES

“The One Call To Do It All” is about results. My professional accident investigators will gather vital information to determine cause and to identify liable parties. The sooner case preparation can begin, the more opportunity I will have to effectively litigate or negotiate a settlement on your behalf.

Trust An Experienced, Full-Service Law Firm To Handle Your Personal Injury Claim From Start To Finish.

After an injury, a client should not feel abandoned and be left in the dark. They want to know that the matter is progressing in the direction of their desired outcome. Furthermore issues regarding medical treatment, insurance and other matters related to the case must be addressed by counsel. When clients do not receive updates from their attorneys, they begin calling the office and leaving messages that often go without response. This lack of communication is one of the leading complaints received by attorneys from new clients from previous firms. While it maybe just another case to a larger well known firm, to me and my firm it is the most important issue in my client's life. This is one reason I developed “AIRS”, an efficient system for responding to clients and maximizing results. The Accident Injury Response System “AIRS” provides immediate response once the firm or me personally receives “The One Call To Do It All.” In developing the Accident Injury Response System “AIRS” I provided for the injured client a system which would provide a team of professionals each equipped with their own skills set, from the immediate intake meeting and acquisition of representation agreement and authorization documents with me whether at their home, hospital 24/7 or by Zoom call and emailed appropriately. The documents are provided in the Contact secured section of the website which you can print out and complete. ( Retainer Agreement, Medical Authorization Forms, Client Accident Injury Intake Form.) Upon acquisition of these documents and any other relevant forms and documents to the accident AIRS would be fully implemented by having our team of medical personnel see that the client(s) are receiving the required medical treatment. Depending on the type of accident injury whether a construction versus a motor vehicle the Accident Injury Response System AIRS will promptly be implemented when we receive The One Call To Do It All. We will conduct a thorough and comprehensive investigation accompanied by a subsequent analysis of all cumulative information and evidence utilizing general System protocols, procedures by our knowledgeable and experienced network of professionals. In addition there will be specific detailed accident injury methods of investigation employed through AIRS to ensure an exhaustive investigative process and analysis to support our client third party liability claims for a maximum settlement recovery. If an accident injury presents a workers compensation and third party liability lawsuits, we will maintain consistent and informative communication with client(s) on all third party claim issues as well as with client(s) and with a workers compensation attorney if one is involved to ensure the workers compensation positively impacts on the third party claims we are representing on your behalf. Our personal accident injury attorneys and OSHA trained safety personnel, photographers, witness interviewers, and staff will rapidly visit the accident site to initiate the System process to protect your rights and maximize your settlement compensation recovery.

PRESERVE EVIDENCE. IT IS CRITICAL TO PROTECT YOUR RIGHTS!

An important part of personal injury representation is to promptly secure evidence before such evidence is destroyed. In many cases, it is in the best interest of defendants and their insurance companies to see that vital evidence is destroyed so that such evidence cannot be used against them. It is our role to take prompt and necessary action to ensure that all critical evidence are secured and maintained in a controlled environment to preserve the evidence. Evidence can dissipate over time and the scene of an accident may change. This is the reason that our ‘AIRS” personal injury attorneys, OSHA trained safety experts, and knowledgeable and experienced staff immediately visit the accident site to preserve the evidence in order to prepare and prove your case by taking photographs, interviewing witnesses and taking statements. This may also include police reports, medical records, hospital records, video surveillance as the investigation continues over time.

Upon receiving the call I will immediately respond by either visiting the client at home or hospital to generate an agreement of representation so that the system can be launched into action for the client. If a client cannot see me an agreement can be emailed so there is no lapse of rapid response. Upon receipt of representation agreement, a team of professionals, each equipped with their own unique area of expertise are assigned to gather intake information, visit accident site with photographers and interview personnel. The System will coordinate the collection of evidence that supports the elements of your lawsuit including but not limited to medical records, have experienced attorneys in plaintiff and defense insurance law negotiate with insurance carriers and their counsel. From the initial The One Call To Do it ALL to meeting with accident injury victim at the hospital or home will commence the AIRS. Myself and other OSHA trained attorneys, and intake personnel, investigators, photographers, interviewers, medical, OSHA safety staff and legal representation in personal injury law will respond immediately. The focus was to satisfy every aspect of the legal process, that the client need only have to make The ONE CALL To Do IT ALL. And it is this call that the system will do the rest by having someone always there to answer any and all your questions, and satisfy and resolve your concerns. You will never feel ignored or disregarded as I will not only serve as legal counsel but also be your advocate in making sure the system meets all your needs and at the end arrives at a successful resolution. My real life experience accompanied with the legal advocacy of my firm and Fritz and Bianculli LLC are client focused and results driven. There is no FEE UNTIL WE WIN!!! CALL!!! More details found on #PEBAIRS or #TheOneCallTODoItAll

WITNESS INTERVIEW. For most people, memories fade as time passes. As your legal counsel, I will want to interview witnesses as soon as possible following an accident so that an accurate account of the accident can be obtained.

STATEMENTS AGAINST INTEREST. Immediately following an accident, insurance company representatives and others acting on behalf of those who may be liable for causing the accident will usually try to contact the injured party or their loved one. If they call you, the purpose of their call is not to convey their apologies, admit liability, or to tell you how they are going to fully compensate you for your injuries, but to trick you into making statements against your interest that they will use at a later date. Most injury victims dread dealing with the insurance companies. Rightly so. Insurance companies won't make your life easier during this difficult time. They'll look for ways to deny and devalue your claim, including blaming you for the accident and accusing you of failing to mitigate damages.We'll protect you from the insurance company's unfair tactics. We will handle all communications and negotiations with the insurer. We will help you hold them responsible for all your damages and ensure you get fair compensation after your injury

Demand for Compensation and Negotiations

A demand for compensation is commonly submitted to the insurance companies or responsible parties' attorneys after the injured person reaches their maximum level of recovery and the necessary facts and documents have been collected. Once submitted, the parties generally enter into the negotiation process, which could involve additional interviews and document requests.

If the parties agree on an amount of compensation for any damages, they will enter into a settlement and the claim will be resolved without proceeding to court. Many personal injury claims result in settlements prior to filing a lawsuit. There is a risk of stalling negotiations, however, when the parties view the case's value or circumstances differently.

Personal Injury Lawsuit Process in Pennsylvania

It is important to understand that filing a personal injury lawsuit does not mean a claim can no longer be resolved through a settlement. Rather, cases are typically filed to comply with the state deadline, known as the statute of limitations, which could bar recovery if not met.

There are three basic stages that make up the process of a personal injury lawsuit: pleadings, discovery, and trial.

Pleadings. The pleadings stage includes the injured party's complaint and demand for judgment as well as the other parties' answers and defenses.
Discovery. The discovery phase includes written questions and depositions for further investigation of a case.
Trial. The trial is generally the final step in the lawsuit where each side presents their case, and a judge or jury determines fault and the amount of compensation, if any.

Throughout each of these stages, both parties can and should continue to negotiate for a settlement. At Pasquale E Bianculli Esquire PC, we believe any settlement must favor our clients and provide them with the compensation they deserve.

When to Hire a Personal Injury Attorney in New Jersey

A personal injury attorney is not required to pursue a claim. That said, the process is often complex and requires significant knowledge and understanding of the laws and rules. For this reason, it is typically a good idea to discuss a personal injury claim with an experienced attorney even if it is a minor claim that might seem straightforward. That's where Pasquale E Bianculli Esquire PC steps in.

If a personal injury claim involves severe damages or contention from the involved parties, it is unlikely the case will be settled in a quick manner for a fair amount. When significant compensation is at stake, the responsible parties might attempt to shift the blame or do everything in their power to avoid paying what the injured party deserves. A personal injury attorney can help effectively use the settlement process to fight for fair compensation.

Contact a Personal Injury Lawyer in New Jersey Today

At Pasquale E Bianculli Esquire PC, our personal injury lawyer in Pennsylvania handles all types of personal injury claims. Call us at 215-620-7828, or fill out our contact form to schedule a Free Consultation.