How long a personal injury case takes in Pennsylvania depends on several factors:
- How quickly you initiate the process of filing a claim
- The seriousness of your injury and its prognosis
- The number of defendants
- The amount of money at stake
- Whether you settle your case out of court or take it to a jury trial
If you suffered an injury because of someone else’s negligence or wrongdoing, and you are looking to file a claim and collect compensation as quickly as possible, you should first speak with an attorney about your situation and your goals. The Cordisco & Saile LLC team serves Pennsylvania and offers a free case evaluation. To schedule an appointment, call 215-642-2335 today.
Factors That Affect How Long Your Injury Case Will Take in Pennsylvania
The sooner you take action and file a personal injury claim, the faster it can get resolved, and you can collect the compensation you deserve. Unfortunately, though, you do not have complete control over the speed of your case. The following factors can affect how long it takes for your case to resolve:
The Severity of Your Injury and Amount of Money Involved
In some cases, especially with more severe injuries, it can take several months or even years to determine an injury’s prognosis. This can significantly slow down an injury claim’s progress.
Severe injuries also often lead to substantial monetary awards. But the case can take a long time to wind its way through court. With substantial injuries and substantial sums of money involved, proceedings tend to drag out, as both sides put everything they have into the case to try to generate the most favorable outcome.
The Number of Defendants
As the number of defendants in a personal injury case increases, so can the time needed to decide the case. More defendants often mean more lawyers, more testimony, more evidence, more exhibits, and more court proceedings.
That said, if you and your lawyers identify multiple parties responsible for your injury, it pays off to pursue damages against all of them, as doing so can substantially increase your total compensation.
Whether the Case Settles Out of Court
Not all personal injury cases end with a jury verdict. Often, the defendant is eager to settle out of court, for several reasons.
- One, by settling out of court, the defendant can devote their resources to their business and not to litigation.
- Two, the defendant might prefer to offer the plaintiff a specific amount and then negotiate from there, as opposed to leaving it in the court’s hands to decide what they must pay.
An out-of-court settlement can shave months or even years off a personal injury case, but it is not always advantageous to do so. Only you and your lawyer can decide if it is something you should pursue.
How Long You Have to File a Personal Injury Lawsuit in Pennsylvania
All states have statutes of limitations that restrict how long you have after an injury to take legal action. In Pennsylvania, the statute of limitations for most personal injury cases is two years. This includes injuries caused by car accidents, dog bites, defective products, medical malpractice, and slip and fall accidents. The two-year statute of limitations also applies to wrongful death claims.
What Happens If You Did Not Discover Your Injury Until Months or Years After the Fact
A two-year statute of limitations is not a lot of time to take action, and it is even less so when you do not become aware of your injury or its cause right away. We have had clients who did not even learn that they had suffered an injury until after two years had passed.
Fortunately, Pennsylvania has a discovery rule that pauses the statute of limitations in certain situations where a plaintiff does not learn about their injury or its cause until later.
The discovery rule only applies in certain cases, though, and the responsible party will almost certainly try to argue that it is not applicable in your situation. An injury lawyer can help you not only take action as quickly as possible but also present evidence showing why the discovery rule should apply in your case.
Call 215-642-2335 Today to Schedule a Free Case Evaluation with a Member of Our Pennsylvania Injury Team
The Cordisco & Saile LLC injury team wants to help you fight and win your personal injury case as quickly as possible. We offer a free consultation and case evaluation. Call us today at 215-642-2335 to set up an appointment.