How to File a Car Accident Lawsuit in Pennsylvania

If you are injured in a car accident in Pennsylvania, you are entitled to seek compensation for any damages you incurred through a personal injury lawsuit. Many people wonder what it takes to file a car accident lawsuit.

In Pennsylvania, if you only suffered minor injuries and property damage, the steps to file a lawsuit in small claims court are relatively easy. However, if your injuries were severe, you should retain the services of our Philadelphia car accident attorney. Below, our experienced lawyer reviews the steps involved in filing a car accident lawsuit.

For a free case assessment, call The Reiff Law Firm at (215) 709-6940 and talk to our Pennsylvania car accident attorneys.

Initial Steps to Sue After a Pennsylvania Car Accident

A car accident lawsuit can be a challenging and stressful process. If you have been hurt in a car crash, you should retain our Lancaster car accident attorney to help guide you through the lengthy process and allow you to concentrate on tending to your medical treatment.

Seek Medical Care

Your top priority, after any car accident, is to seek medical treatment for your injuries. Whether you decide to seek a settlement agreement with an insurance company or take your case to trial, it is essential to document your injuries and follow through with any medical treatment prescribed. Failing to address your injuries or minimizing their effect could jeopardize either a settlement or a car accident lawsuit.

Report the Accident to the Authorities

Make sure to contact the police about the car accident. In many cases, 911 dispatchers automatically send the police to your location. However, if you do not call 911 for whatever reason, you may have to contact the police yourself. They should investigate the crash, uncover evidence, and write an official report that you may need to build your case.

Determine Who is Responsible

The first step in filing a car accident lawsuit is determining who to sue. In many cases, the answer might seem obvious – the driver who hit your car. However, in reality, this is not always the situation. Car crashes often involve multiple vehicles, and several drivers could have contributed to the accident.

In addition to another driver, other factors could have contributed to your accident, opening other parties to liability. For example, if a construction crew left equipment or debris in the roadway, they could be held accountable for your injuries.

Furthermore, damaged roads or obscured traffic signs could mean the local municipality should be held responsible for your damages. When you file a car accident lawsuit in Pennsylvania, you want to ensure you have included all potentially liable parties.

Gather Evidence

You should begin gathering evidence almost immediately. When evidence is not collected fast enough, it might become lost, and it may be that much harder to prove your claims in court.

A great way to start gathering evidence is to take photos and record videos of the accident scene while you wait for help to arrive. These recordings can make a huge difference in your lawsuit.

Avoid Social Media

Many people have social media profiles they use to keep up with friends, consume media, and post about their own lives. After an accident, avoid posting anything about the accident. Also, avoid posting anything about yourself. Even innocuous photos or videos of yourself may be used to undermine your claim for damages.

The Legal Process of Filing a Car Accident Lawsuit in Pennsylvania

The legal process involved in a lawsuit is famously complicated, and you need an attorney to help you.

Call a Lawyer

Although you are not required by law to hire an attorney, trying to handle your lawsuit alone is likely a bad idea. Your attorney should have the skills and experience to file your case, compile evidence, develop legal strategies, and see your case through to the end.

Send a Demand Letter

Your attorney can start by sending a demand letter. This is not a formal complaint and does not initiate the lawsuit. It is a letter sent to the defendant, or their insurance company, outlining your grievances and demanding compensation. If they do not comply, the letter may explain that a lawsuit is the next step.

Draft and File a Formal Complaint

A personal injury lawsuit begins with our Bucks County car accident attorney drafting a complaint that sets out the plaintiff’s allegations against all potential defendants. It will also request compensation and outline the legal theories of the case. Then the complaint must be served on or hand-delivered to each defendant.

Serve Notice to the Defendant

Once the complaint is served on the defendant, they will have to file a response. This typically must be done within 20 days. A defendant could also file a counterclaim, alleging that you were at fault or contributed to the accident. If that happens, our office will have to file an additional response to their allegations.

File the Lawsuit On Time

It is crucial that our Pennsylvania car accident lawyers help you file your case on time. The statute of limitations in Pennsylvania gives you only 2 years from the date of the accident to file your case with the courts.

What Happens After a Car Accident Lawsuit Complaint is Filed in Pennsylvania?

After the complaint and responses are filed, a few things occur.

Pre-trial or Preliminary Motions

First, preliminary motions could be filed. The defendant could file a motion to dismiss the case because the undisputed facts presented in the initial complaint do not warrant relief or compensation. Typically, these types of motions are based on legal technicalities.

Some less common motions include changing the venue, removing the case to federal court, or changing the judge.

Discovery Phase

The heart of pre-trial procedures is the discovery process. During discovery, the attorneys for all parties in the Pennsylvania car accident lawsuit will investigate and research the facts of the case. This includes collecting and reviewing documents, such as police reports, medical records, and other written communications related to the facts of the accident.

Often, lawyers will be required to share the information they have collected. Additionally, all parties involved and any witnesses present could be deposed.

Interrogatories

In most cases, interrogatories are the first step in the discovery process. An interrogatory is a list of detailed questions sent to the opposing party or a related party regarding the case. In a car accident lawsuit, interrogatories often serve as the framework for subsequent discovery requests.

These questions could help determine answers regarding medical costs and treatment, lost income, and shed light on disputed facts in the case. Our experienced West Chester car accident lawyers understand the importance of both drafting appropriate and applicable questions as well as responding to interrogatories.

Moving Forward with a Trial

If the evidence collected appears to present an overwhelming case for either side, a motion for summary judgment could be filed. If our office believes the evidence clearly supports your claims and justifies compensation, we will request that the judge decide the case without a jury trial.

On the other hand, if the defendant believes the evidence shows that you could not prevail at trial, they will request a judgment in their favor.

Settling or Going to Trial After Filing a Pennsylvania Car Accident Lawsuit

At any point during the lawsuit process, a plaintiff could be offered a settlement. Often, an initially low settlement offer is significantly increased as the process moves towards an actual trial. Our knowledgeable Allentown car crash lawyer will help you weigh the settlement offer against the quality of evidence we have collected and the potential value of your claim.

Sometimes, if the evidence is ambiguous, taking the offer is the best decision. However, if the offer is low and your case is strong, we will advise taking your lawsuit to trial. The Montgomery County auto accident attorneys at the Reiff Law Firm have your best interests in mind.

FAQs About How to File Car Accident Lawsuits in Pennsylvania

How Do I Start a Car Accident Lawsuit?

You may begin a car accident lawsuit by hiring a lawyer to help you draft and file a formal legal complaint against the other driver. This often takes time, and you should speak to an attorney sooner rather than later.

What Damages Can I Claim in a Car Accident Lawsuit?

You may claim damages for the cost of the accident, including medical costs, vehicle repairs, lost personal belongings, and more. You may also claim non-economic injuries, like physical pain, trauma, distress, and other painful experiences.

How Much Time Do I Have to File a Lawsuit for a Car Accident?

In Pennsylvania, personal injury lawsuits for incidents such as car accidents must be filed no later than 2 years after the accident. You may have the statute of limitations tolled to give you more time, but only under very specific circumstances.

Do I Need a Lawyer to Sue for a Car Accident?

You are allowed to file your lawsuit without a lawyer. However, doing so would be unwise. Lawsuits are infamously complex and time-consuming, and you should hire an experienced lawyer to help you from start to finish.

What Happens After I File a Lawsuit for a Car Accident?

After the lawsuit is filed, you and your attorney must serve notice to the defendant almost immediately, informing them of the case so they may respond. After that, pre-trial hearings, motions, and conferences may be scheduled, the discovery phase may begin, and the case will be underway.

How Long Do Car Accident Lawsuits Last?

Many car accident lawsuits take at least a few months to complete. Others might only take a few short weeks if the parties are keen to settle the matter quickly. Still, more complex or hotly contested cases may take a year or longer to finish.

Call Our Pennsylvania Car Accident Attorney for a Free Consultation

For a free case assessment, call The Reiff Law Firm at (215) 709-6940 and talk to our Philadelphia personal injury attorneys.