How Long Does It Take To Get a Personal Injury Settlement In Philadelphia?

The timeline for a personal injury settlement is not a one-size-fits-all scenario. While some cases may resolve relatively quickly through negotiation, others may require more extended periods, especially if litigation becomes necessary. However, on average, it takes about a year and a half in Pennsylvania. Here is a general idea of how long it can be expected to take.

First Six Months

Medical Care and Recovery

The process begins with seeking medical attention and evaluating the extent of your injuries. This initial stage is crucial not only for health reasons but also for building a strong case. Medical documentation and evaluation contribute significantly to linking the injury to your accident and determining your damages or other losses.

Hiring an Attorney

Once you are able, hire a Philadelphia personal injury lawyer. They can handle every aspect of your case while you focus on recovering.

Investigation

Your personal injury attorney will immediately conduct an investigation to gather evidence to support your claim. That may involve visiting the accident scene, taking photos, obtaining surveillance footage if available, collecting documentation such as medical records, pay stubs, and the police report, taking eyewitness statements, hiring experts to testify in support of your case, and more. The time this takes will depend on the complexity of your accident and determining who is liable.

Demand Letter

Once you recover or reach maximum medical improvement (MMI), your attorney will begin the settlement process by sending a demand letter. This letter will detail the accident, the extent of your injuries and losses, and the amount of compensation you request to resolve the case.

Months Six to 12

Negotiations

The at-fault party’s insurer will typically respond to the demand letter with a counter-offer, and negotiations will begin. If both parties can agree on a settlement amount, the case will be resolved. If not, you may choose to proceed by having your attorney file a lawsuit.

Filing a Lawsuit

Once your attorney files the paperwork with the court, the documents must be served on the defendant (at-fault party). The defendant has 30 days to respond and deny the allegations. Both parties will send interrogatories (written questions) to the other for further investigation and to clarify the case’s facts. Interrogatories can take several months to complete.

Months 12 to 18

The discovery phase will take up a large portion of your lawsuit and commonly involves:

Depositions

The attorneys for both sides will depose the plaintiff/defendant and witnesses, which can take an average of three months.

Independent Medical Examination

The defense may require you to undergo an independent medical examination by the doctor of their choosing. The doctor they choose will be working for the defense and may attempt to look for ways to discredit the extent or severity of your injuries.

Expert Witnesses

Your case can still settle at any point, but if not, both parties will prepare for trial and hire expert witnesses to testify in support of their claim.

Months 18 to 24 and Beyond

Mediation

The court may order a settlement conference conducted by a mediator. A mediator is a neutral third party who will attempt to help you and the defendant resolve the case by communicating between the two parties. More than 95 percent of civil cases settle before going to trial.

Trial

If settlement discussions fail, your case will head to trial. Cases typically take between four days to two weeks before a verdict, but complex cases can take as long as two months.

Compensation

If you receive a favorable settlement or verdict, it will typically be dispersed within 30 days.

Contact Rosenbaum Injury Law Today

If you have been seriously injured in an accident, get in touch with the experienced team of attorneys at Rosenbaum Injury Law today.